A Guide to the EB-5 Investment Visa to the US
EB-5 Investment Visa
1. What is the EB-5 Investment Visa?
The EB-5 Investment Visa to the US is a visa that permits a non-US citizen to obtain Permanent Residence or the Green Card to the US by investing in a company in the US.
2. What are the requirements for the visa?
The person must invest in a new commercial enterprise. This enterprise must be for profit. The person must invest $1,000,000 or $500,000 in certain targeted areas. The company must employ 10 US Citizens or authorized immigrant workers full-time and engage in the business through day-to-day management or policy formation.
3. What is the application process?
Applicants must file the EB-5 Petition with the California or Texas Service Centers. The appropriate center where the application is filed is determined by the state in which the business is located. Once the petition has been approved, the file is transferred to the appropriate embassy. The EB-5 Visa applicant must then attend an interview at the US Embassy.
4. How long is my permanent resident status valid for when I first arrive in the US?
The EB-5 visa holder arrives in the US as a Permanent Resident for two years. Ninety days before the expiration of the two year period, the EB-5 Visa holder should apply to remove the conditions.
5. What are the pitfalls?
There are two main pitfalls. The first pitfall occurs in the application itself. Most applicants do not bring with them the appropriate supporting evidence for their application. An experienced attorney will advise you about the documents you need to bring to support your application.
The second pitfall is the interview itself. Embassy officials can be harsh and abrupt. Without the proper preparation, most applicants are taken back by the interview.
6. Why use an US attorney based in England rather than an attorney in the US?
Although there are numerous benefits to using a US attorney based in England, the main advantage is the ease of communication between you and the attorney. There is no time difference between you and the attorney. Also, you can meet with the attorney in person rather than communicating by emails and phone.
7. Why use a lawyer instead of doing it yourself?
Successful visa applications are not just about submitting applications provided by the USCIS. Applications get approved on the supporting documents and evidence that are provided for each petition or application. Submissions that lack the appropriate documents will cause undue delay and possibly even result in denials. Appeals will not only become more expensive but result in undue delay of months. Visa denials mean that the applicant will no longer be able to travel under the Visa Waiver Scheme.
8. Why use Irwin Mitchell?
Experienced lawyers at Irwin Mitchell will assist you in preparing the application and for the interview at the Embassy. As part of the service Irwin Mitchell will provide a Letter of Support that explains in detail why the application should be approved and the visa issued. The team at Irwin Mitchell will also prepare you for the interview by giving you mock interviews.
Please contact our offices at 0121 214 5453 to discuss your matter with a member of the US Immigration team.