Three Questions to Ask US Immigration Attorneys About Your EB-5 Petition

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US immigration attorneys can be a valuable resource when it comes to petitioning for an EB-5 Immigrant Investor visa. This visa category was created to promote economic growth through foreign investment in the United States. By investing a certain amount of foreign capital in a new business and creating at least 10 full-time jobs, an EB-5 visa holder has the potential to gain lawful permanent residency in the United States.

If you are thinking about an EB-5 investor visa, here are some questions you should ask your attorney.

Three Questions to Ask U.S. Immigration Attorneys in Regards to an EB-5 Petition

  1. Is an EB-5 visa the best choice for my situation?

Before deciding whether the EB-5 Program is your best option, you may want to consider other visa categories. There are nonimmigrant visa categories that provide work authority. These visas require a sponsor who may ultimately securities fraud attorney sponsor you for a green card. For example, you may find that applying for an L-1A nonimmigrant visa in conjunction with an EB-1 or EB-3 immigrant visa will cost less and better suit your needs. U.S. immigration attorneys can break down the differences between these visa categories and help you decide which path is best for your situation.

  1. I’m interested in the EB-5 Program. Should I pursue the “Individual” track or “Regional Center” track?

The EB-5 Program is one of the more complex areas in immigration law and this question requires a level of detail not possible in a short blog post. Whether a prospective investor should pursue the individual track or regional center track involves a weighing of many factors – this is where US immigration attorneys can play a significant role. For instance, an individual who prefer to direct and control their own business may be better suited to the Individual track EB-5. However, the investor who chooses this track must be clear on the point that their investment must generate ten permanent full-time US jobs. Indirect and induced jobs are only counted in investments made in projects located in Regional Centers. Individuals who pursue the Regional Center track investments are generally Limited Partners in projects that are situated in USCIS approved Regional Centers.

  1. What happens after my Form I-526 Petition is approved?

Once you receive notification from the USCIS that your Form I-526 is approved, you are eligible to apply for conditional lawful permanent resident status or “Green Card”. If you are outside the United States you will make application to the U.S. Embassy with jurisdiction over your place of residence. If you are in the United States pursuant to a valid, unexpired nonimmigrant visa, you may be eligible to adjust your status in the United States. Whether your visa is processed abroad or you make the application in the United States, you may want to consult with a qualified U.S. immigration attorneys.

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