Experienced Florida lawyer assists foreign investors with EB-5 applications
U.S. immigration law makes lawful permanent residence (green cards) available for foreign investors who prove they can provide significant benefits for the U.S. economy and its workers. Visa applicants in this category, known as EB-5, can make their own investments or go through federally approved Regional Centers that help connect foreign investors with enterprises in need of funding. At Mark Weiner Law in Tampa, Florida, we apply our more than 30 years of experience practicing U.S. immigration law to helping entrepreneurs from around the world navigate the procedural and evidentiary requirements for investor-based EB-5 immigrant visas.
Supportive advisor goes over investment requirements for EB-5 applicants
The minimum investment that can qualify a foreign national for EB-5 visa eligibility is $1.8 million, or $900,000 if the investment is made in a targeted employment area (TEA). A TEA is either a rural area or one with high-unemployment — at least 150 percent of the national average. Whatever the size of the investment, the commercial enterprise that receives the funds must create or preserve full-time jobs for at least 10 U.S. citizens, lawful permanent residents or other authorized workers. The jobs must be created or preserved within two years of the investor being granted EB-5 permanent residence. The foreign investor must put his or her own funds at risk, not borrowed money.
Skillful attorney offers guidance throughout the EB-5 application process
Obtaining an EB-5 visa is not as simple as issuing a bank transfer and filling out a few forms. Multiple steps are involved in the process, including:
- Identifying a valid investment — Your initial choice will be to find an investment on your own or to go through one of the EB-5 Regional Centers designated by USCIS. These private entities are paid commissions for their services, but they offer more certainty that the investment will comply with the law. Whichever path you take, our firm will review your investment plan, identify any potential weaknesses in your strategy and advise you on how to move forward.
- Preparing the evidence —We help you gather and compile the objective data and documentation to build a solid case that you are committing sufficient funds and that the enterprise will create the necessary number of jobs.
- Filing Form I-526 — The Immigrant Petition by Alien Entrepreneur, Form I-526, must be filed with USCIS. We help you complete this multi-page document, which asks questions about your personal information and employment history as well as about the investment and the commercial enterprise it will fund.
- Submitting additional documentation and fees — Once your Form I-526 is approved, we assist you in either adjusting your status in the United States (Form I-485) or applying for an immigrant visa at an U.S. consular office overseas. Your spouse and your unmarried children under the age of 21 are also eligible for green cards.
- Fulfilling the conditional residency requirement — Your green card and those of your family members will be issued on a conditional basis for two years, after which you must file a separate petition (I-829) to prove that the EB-5 requirements have been met. We can assist you in completing and documenting this petition.
We offer detailed advice, document review and troubleshooting through each phase of your application. If the EB-5 investment requirements do not suit your business plan, our firm can assist with applications for business-based immigration or E-2 investor visas. If you intend to conduct trade on U.S. soil without substantially investing in a U.S. business, the E-1 nonimmigrant visa may be more appropriate.
Contact an accomplished Florida investor-based visa attorney for a free initial consultation
At Mark Weiner Law in Tampa, Florida, assist individuals with EB-5 petitions for lawful permanent residence based on investments that benefit the U.S. economy. To schedule a free initial consultation with our office, call 813-388-3045 or contact us online.