EB-5 Visa

EB-5 Visa Attorney in San Francisco

Assisting Multinational Entrepreneurs with Investment-Based Green Cards

At Harrison Law Office, P.C., we obtain permanent residence in the United States for foreign investors through the EB-5 visa program. Having represented more than 200 investors, our EB-5 visa lawyer in San Francisco is well qualified to help you and your family accomplish your immigration goals in an efficient manner.

Our top-tier legal services include the following:

  • Preparation and filing of the I-526 Petition
  • Investor support in documenting complex source and path of funds
  • Prompt and continuous communication with client investors
  • Close collaboration with Regional Centers and EB-5 Business Plan consultants
  • Filing consular processing or adjustment of status applications
  • Submitting evidence requested by the U.S. Citizenship and Immigration Services
  • Preparation and filing of I-829 Petitions
  • Visa interview preparation with U.S. Consulates overseas or with the U.S. Citizenship and Immigration Services

Furthermore, we are here to inform you regarding your rights and options so you can make the best possible legal and financial decisions. We are the professional, dependable, and knowledgeable law firm you can trust to guide you through this extensive process.

What You Need to Know About the EB-5 Visa

The Immigrant Investor Program, also known as the EB-5 visa program, was created by the United States Congress to stimulate the U.S. economy through job creation and capital investment by immigrant investors. The creation of the program was the first time that Congress facilitated a path to lawful permanent residence specifically for immigrant investors, and it remains the only program to do so.

The EB-5 visa is available to non-U.S. citizens who invest a certain amount of capital into a new commercial enterprise that employs at least 10 U.S. workers full-time. The program sets aside approximately 10,000 new EB-5 visas for immigrant investors each year.

In addition to the standard program, there is also the Regional Center Program, which was created in 1993 to attract more investors to apply for EB-5 permanent residency. Investors are particularly attracted to the Regional Center Program because the requirements are more flexible. The Regional Center Program allows for investment in projects sponsored by “regional centers” and relaxes the job creation requirement by allowing “indirect jobs” to count toward the requisite number of workers.

With substantial improvements made to the EB-5 visa program, investors have become increasingly interested in the investor visa. Additionally, the approval rate for this category is quite high, with about 80-85% of EB-5 visas approved each year. Taking the high approval rate into account with short wait times due to no visa quota backlog, the EB-5 visa is a great option to obtain permanent residency in the United States for those who have the financial resources.

Call (415) 212-6817 or contact us online to schedule your free initial consultation today. We offer services in multiple languages for our non-English speaking clients.

How to Qualify for an EB-5 Visa – Standard Program

To qualify for an EB-5 visa under the standard program, you will need to meet the following six requirements:

  1. Minimum Investment Amount. Generally speaking, you will need to make a minimum investment of $1,800,000. However, the limit is lowered to $900,000 for investments made in "targeted employment areas." These areas include rural areas and areas experiencing high unemployment.
  2. Acceptable Types of Investments. For an investment to qualify for the EB-5 program, it must take the form of a contribution of capital. Acceptable investments for EB- 5 purposes include cash, (and cash equivalents), tangible property (such as inventory and equipment), and indebtedness secured by your assets.
  3. Investment Capital Obtained Through Lawful Means. You will need to show that the invested capital came from a legitimate source. Funds obtained by any lawful means are acceptable, including inheritance, gifts, loans, lawful income, and the sale of a business, real estate, or stock.
  4. Job Creation Requirement. The enterprise will need to create full-time employment for at least 10 U.S. workers. Qualifying employees include United States citizens and authorized immigrant workers.
  5. Acceptable Types of Enterprises. You must invest in either a new commercial enterprise or a troubled business. A new commercial enterprise must have been established after November 29, 1990 (unless you buy and reorganize an existing enterprise or your investment results in a substantial change to the business). A troubled business must have been in existence for at least two years and experienced a 20% or greater loss in net worth. For troubled businesses, the creation of 10 new jobs is not required, and the investment must simply sustain the number of employees prior to the investment.
  6. Management Requirement. You must be involved in the management of the enterprise either through daily managerial control or through policymaking. Adequate policy formulation positions include corporate officers, members of the board of directors, and limited partners. Your role cannot be purely passive.

How to Qualify for an EB-5 Visa – Regional Center Program

As mentioned, Congress relaxed the requirements to obtain the EB-5 visa under the Regional Center Program to attract more investors to apply for EB-5 permanent residency.

The Regional Center Program is unique because:

  1. You are investing in a Regional Center instead of a new business. Regional Centers are designated by the government, and they promote economic growth and job creation in a specific geographic area in the United States. Currently, you have many options to choose from, as there are several hundred approved regional centers throughout the United States.
  2. The job creation requirement can be met through either direct or indirect jobs. Indirect jobs are much easier to achieve than direct jobs because they do not have to be directly related to the investment project. For example, certain construction jobs or jobs created at other businesses as a result of the EB-5 project can be counted toward the 10-job requirement.

At Harrison Law Office, P.C., we can help you assess your eligibility and take the requisite steps to qualify for the EB-5 visa program.

The EB-5 Process

The EB-5 process can be broken down into the following 7 steps:

  1. Schedule your free consultation. Your case evaluation is free of charge, and you can take the time to ask our attorney all your questions and let him address your concerns. We will also discuss the legal requirements to obtain an investment-based green card through the EB-5 Program.
  2. Choose your investment project. Conduct due diligence by working with a third-party business analysis expert to select a financially viable investment project.
  3. Invest funds. Transfer to the EB-5 project the $900,000 for projects located in Targeted Employment Areas or $1,800,000 for projects in high employment areas.
  4. Prepare and file your application. Gather supporting documents and file the EB-5 Visa Application with USCIS.
  5. Complete consular processing or adjustment of status. File the consular processing application or adjustment of status application. Upon approval, you will receive your conditional green card.
  6. File for the removal of conditions on permanent residence. After 21 months, apply to remove conditional resident status.
  7. Obtain your green card. Once the conditions are removed, you will be granted permanent resident status and receive your regular green card from the U.S. government in the mail.

With Harrison Law Office, P.C. as your legal advocate and guide, you can rest assured you have everything you need to successfully complete this process.

Schedule your consultation today by calling (415) 212-6817 or contacting us online. If you speak a language other than English we will provide a translator so we can communicate efficiently and effectively.

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