Are you interested in establishing or expanding your business to the United States but the only thing that prevents this from happening is the fact that you cannot legally come and live in the country? Our investor green cards lawyer in San Jose may have a solution.
Thinking about investing in the U.S. and making it your new home? The EB-5 investor green card could be your golden ticket.
This program is designed for foreign investors like you who want to contribute to the U.S. economy and, in return, gain permanent residency for you and your family. Sounds great, right?
Whether you’re an entrepreneur or looking to grow your business, this visa can open the door to living and working in the U.S. At Naya Law Group, PC, we believe there is no such thing as a “hopeless situation.”
We strive to find creative and innovative solutions catered to a client’s needs in each and every case. Our team genuinely cares about your future and we wholeheartedly believe that your contributions to this country can make it a better place for everyone.
Looking to get an EB-5 green card to live and work in the U.S. lawfully? Contact our office today and discuss if you may qualify under this program. Call 650-499-5187 or fill out this contact form to schedule a consultation.
What Is the EB-5 Immigrant Investor Visa?
An investor green card, known officially as the EB-5 visa, is a program that allows foreign nationals to invest in U.S. businesses and, in return, receive permanent residency for themselves and their immediate family (spouse and children under 21). The EB-5 program was designed to stimulate the U.S. economy by encouraging foreign investments that create new jobs.
The visa comes with some specific requirements, but it also offers great benefits, including the opportunity to apply for U.S. citizenship after a few years. The two main types of investments for the EB-5 visa are direct investments in a new or existing business or investments made through a regional center, which manages job creation and business growth for you.
Eligibility Requirements for the EB-5 Visa
To qualify for an EB-5 visa, there are specific requirements you need to meet:
- Invest a specific amount of money: You must invest a minimum of $1,050,000 in a U.S. business. However, if you invest in a Targeted Employment Area (TEA)—a rural area or one with high unemployment—the investment requirement is reduced to $800,000. TEAs are areas that benefit the most from job creation, which is why the government offers a reduced investment amount.
- Create jobs with your business: Your investment must create or preserve at least 10 full-time jobs for U.S. workers within two years of your application approval. This is one of the most crucial aspects of the EB-5 visa program, as its main purpose is to boost the U.S. economy by creating jobs. These jobs must be for qualifying employees, which typically means U.S. citizens, permanent residents, or other individuals authorized to work in the U.S.
- Prove the legal source of funds: You must provide evidence that the money you’re investing was obtained through legal means. This could include documentation of business profits, sales of assets, income from investments, or inheritance. Immigration authorities will want to see a clear paper trail showing the lawful origin of your funds.
- Make an active or passive investment: You can either actively manage the business you invest in (direct investment) or choose a regional center investment, which allows you to be more hands-off while the regional center handles the job creation and business management. Regional centers are government-designated entities that help pool EB-5 investments and streamline the process for investors who prefer not to directly manage a business.
If you are thinking of making an EB5 investment, our team at Naya Law Group, PC, can help you complete the necessary steps and paperwork to ensure all legal requirements are met. By working with our investor green cards lawyer in San Jose, you’re protecting your immigration goals.
Benefits of Obtaining a Green Card Through Investment
Getting a green card through investment, like the EB-5 visa, comes with some advantages, including:
- Permanent residency: It allows you and your immediate family to live and work permanently in the U.S. No more worrying about visa renewals—you’ve got long-term stability.
- Path to citizenship: After holding your green card for five years, you can apply for U.S. citizenship.
- Contribution to U.S. economy: Your investment helps create jobs, meaning you’re not just securing your future—you’re contributing to the U.S. economy.
- Your business growth: Let’s not forget the business opportunities you’ll have, with access to a huge market and endless growth potential.
Whether you’re looking for a fresh start or new ventures, obtaining a green card by investment offers freedom, flexibility, and the chance to build a secure and prosperous life in the U.S. for you and your family.
The Application Process for the EB-5 Visa
The process of applying for an investment green card can take time and requires careful attention to detail. Here’s an overview of the steps involved:
- Choose your EB5 investment: First, decide whether you’ll make a direct investment or invest through a regional center. This decision will shape the rest of the application process.
- Fill out and submit Form I-526: Once you’ve made your investment and gathered the necessary documentation, you’ll submit Form I-526 (Immigrant Petition by Alien Investor) to U.S. Citizenship and Immigration Services (USCIS). This form provides details about your investment and demonstrates that you meet the EB-5 visa requirements.
- Approval and conditional residency: After your I-526 petition is approved, you and your family will receive a “conditional permanent residency” status. This status, which will be valid for two years, allows you to live and work in the U.S. while you complete the job creation requirement.
- File Form I-829: Toward the end of your two-year conditional residency, you’ll submit Form I-829 to remove the conditions on your residency. This form proves that your investment has met the job creation requirement. Once approved, you and your family will receive permanent green cards.
- Apply for citizenship: After holding your green card for five years, you’ll be eligible to apply for U.S. citizenship, allowing you to enjoy all the benefits that come with being a U.S. citizen.
If you’ve chosen the path to receive a green card through investment, you want to do everything right. Our investor green cards lawyer in San Jose will guide you through every step of the application process and prepare you in advance for any difficulties or obstacles.
Risks of Pursuing a Green Card Through Investment
Making an investment to get an EB-5 visa comes with several risks. Most immigration law firms prefer not to talk about this so they don’t scare off their potential clients. They promise guaranteed results and an easy path to permanent residency and, eventually, citizenship.
But know this—nothing in this life is easy. At Naya Law Group, PC, we build our relationship with clients on the foundation of honesty, transparency, and trust. That’s why we prefer that our clients are aware of the possible risks well in advance. And the risks include:
- Investment loss: There’s no guarantee that your investment will succeed, which could affect your ability to meet visa requirements.
- Failure to create jobs: You must create at least 10 full-time jobs. If the business doesn’t meet this requirement, your visa application may be denied.
- Lengthy processing times: The EB-5 process can take years, and delays are common, especially due to the high demand for these visas.
- Changing regulations: Immigration laws and regulations are subject to change. This could potentially impact your application or the viability of your investment.
- Conditional residency: Initially, you’ll receive conditional residency. If your business doesn’t meet the conditions within two years, you may lose your green card status.
Working with an experienced lawyer can help mitigate these risks and increase your chances of success. But, again, no lawyer can guarantee results because of the unpredictable nature of immigration law.
Why Hire a Green Card for Investors Lawyer?
Through the EB-5 program, you can invest in the U.S. and achieve your American dream. So, all you have to do is just fill out an application and invest your money, right? Not really. If this was that easy, USCIS wouldn’t deny approximately 25% of all Form I-526 petitions it receives.
When applying for an investor green card, there’s tons of paperwork, legal requirements, and deadlines to juggle. Hiring a lawyer makes the whole process less intimidating and more efficient.
Your attorney will ensure everything is done right, reducing the chance of mistakes that could delay the process or even deny your application.
Think about it this way—a lawyer is your personal guide through the application process and beyond. They know the law, understand the fine print, and can handle any issues that might arise, like requests for additional documents or preparing for nerve-wracking interviews.
Having a lawyer gives you peace of mind that your application is strong and your path to residency is clear. And we—here at Naya Law Group, PC—know what needs to be done when pursuing investor green cards to achieve the client’s desired results.
We are familiar with the EB-5 program and its nuances because we’ve been practicing immigration law since 1978. Our team will work diligently to protect you from unnecessary financial risk and increase your investment’s probability of success.
If you are ready to start your journey to getting a green card through investment or have questions about the process, reach out to our investor green cards lawyer in San Jose. Call 650-499-5187 or visit our contact us page to schedule a confidential consultation today.