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EB-5 Visa
Best EB-5 Visa Lawyer in Dallas Texas Helping with EB-5 Immigrant Investor Program
Best EB5 Visa Attorney in Dallas Texas Helping with EB-5 Immigrant Investor Program in Dallas, Austin, Houston, San Antonio, Fort Worth, and Texas USA is MyStartupLawyer. We provide all types of EB5 Visa legal services in the USA
EB-5 Immigrant Investor Program
EB-5 Immigrant Investor Program is the direct path to U.S. Permanent Residence (green card) for foreign investors with capital investment that creates significant jobs in the U.S. economy. The visa will be granted to help with U.S. job creation and it may also extend to the investor’s spouse and illegitimate children under 21.
My Startup Lawyer assists investors in the entire EB-5 process, with USCIS regulations and improve your chances of getting approved.
What is the EB-5 Visa?
With the EB-5 visa, investors from overseas can earn permanent residency by making a qualified investment in a U.S. company.
Investment Requirements: EB-5 investors require to meet one of the following requirements to be eligible for an EB-5 visa:
Average Investment: Invest at least $1.05 million in a U.S. Company.
Targeted Employment Area (TEA) Investment: In economically distressed regions (rural or high unemployment areas), the investment limit is lower at $800,000.
Minimum Job Generating Criteria
Your investment should create 10 full-time U.S. workers within two years of conditional permanent residency. These may be direct jobs that come directly from the company, or indirect jobs generated by regional center projects.
Direct Investment vs. Regional Center Investment
You have 2 investment streams:
Direct Investment: In this type, you invest in a company by personally participating in its development and making sure it fulfills the job creation standards. This is for investors who require management from hand.
Regional Center Investment: This passive investment structure is invested in a USCIS designated regional center, which pool investments for large-scale (e.g., real estate, infrastructure) projects. Regional hubs handle the creation of jobs and running businesses which is a nice option for investors looking for a more passive role.
EB-5 Visa Application Process: How does the EB-5 Visa Work?
In an organized fashion, here’s the procedure of the EB-5 visa:
- Choose Your Stock
The first thing is making a direct investment or a regional center investment. Either option will involve a qualifying investment that contributes to the creation of jobs.
- Immigrant Petition of Alien Investor Filing Form I-526 (Immigrant Petition)
When you make the investment, you’ll submit Form I-526 to USCIS. That petition proves that you’ve invested the amount necessary, that the funds come from legal sources, and that your investment will provide 10 full-time positions.
- Get Conditional Permanent Residency
Once Form I-526 is approved, you and qualifying family members will submit a conditional permanent residency application. If you’re already in the US, you’ll submit Form I-485 to upgrade status. If you’re in the US, you’ll undergo consular processing in a U.S. embassy or consulate.
- Filing Form I-829 (Petition to Exempt)
You’ll need to file Form I-829 within 90 days of your conditional residency expiring (for a two-year period). This petition shows that your money is creating the necessary jobs. Once deemed acceptable, you and your family get permanent residency.
EB-5 Visa Qualifications:
You must: Apply for the EB-5 visa if you qualify under the following conditions:
- Capital: Make at least $1.05 million or $800,000 TEAs.
- Jobs: Boost your investment by creating 10 full-time jobs.
- Legal Source of Money: Establish that your investment money is legal and comes from business income, investments, property sales, or inheritance.
What are the advantages of the EB-5 Visa?
Investors and their families stand to gain a lot by the EB-5 visa:
Permanent Resident: Investors, their spouses and children under 21 with the EB-5 visa can apply for green cards that would give them the right to reside, work and study in the United States.
Not Need a Sponsor: The EB-5 visa doesn’t require any sponsor, unlike many other visas. It’s all about what you put in.
Rights to Work and Live Anywhere: With a green card, you can live and work anyplace in the U.S., no matter where you work.
Eligibility for US Citizenship: After five years as a permanent resident, the EB-5 holders are eligible to become US citizens.
The EB-5 Visa Processing time
As of 2024, EB-5 visa may take anywhere from 12 to 48 months to be processed depending on the applicant’s nationality, investment, and workload at USCIS.
The initial I-526 petition, can typically take 24–48 months to be approved. After that, the applicant will have to wait for the visa to become available, which may take longer if they come from high-demand countries such as China and India. After receiving the visa, the applicant would undergo consular clearance or status change which may take another 6-12 months. With My Startup Lawyer, you have a professional immigration attorney on your side to negotiate these times and get all documents done right so there are no delays.
Regional Center vs. Direct Investing: Which One Should You Choose?
Choosing between direct investment and regional center investment is based on involvement and risk appetite.
- Direct Investment: A bit more control, but it still involves active management and higher accountability for job creation. This is perfect if you are aspiring to run your own business in the US.
- Regional Center Investment: More passive because you invest in larger scale projects led by experts. Indirect jobs are not required, but the job creation limit is loosened. This is the best fit for investors who don’t want to be as involved in everyday business processes.
Best EB5 Visa Lawyer in the USA
The EB-5 visa is one of the few and very attractive ways for foreigners to secure permanent residency in the US by investing large sums of money. It doesn’t matter if you choose direct investment or a regional center investment, the payoffs are high for you and your family. From finding the right investment to submitting a compelling application, My Startup Lawyer will help walk you through every aspect of the EB-5 process. Call us today and let us help you ensure a place for yourself in the US through the EB-5 program.
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