What is the EB-5 Visa? Step-by-Step Guide
The EB-5 visa is an immigrant visa for investors. The EB-5 visa allows a person to get a green card to the United States for themselves, their spouse, and their children under 21 years old, based on making an investment in the United States.
The basic idea of the EB-5 program is that by investing in a United States business, and creating jobs for US workers, you are stimulating the economy. In exchange for this benefit to the US, you are eligible for permanent residence.
To Qualify for an EB-5 Visa, You Must Satisfy 6 Main Requirements:
1. You Must Invest in a “New Commercial Enterprise”
- A new commercial enterprise is any for-profit business, that is engaged in lawful activity, and that was established after November 29, 1990.
- As an investor, you can either invest through a regional center, start your own business, or purchase an already existing business.
2. You Must Invest at Least $900,000 in the Business
- If the business is located in a “targeted employment area” you are eligible to invest $900,000 to qualify for an EB-5 visa. If the business is not located in a TEA, you must invest the standard amount of $1.8 million.
3. The Source of Your Investment Funds Must be Lawful
- You must show that the money you are using for your investment was obtained free from any illegal activity.
- Some examples of lawful funds include: 1) employment earnings; 2) proceeds from the sale of a property; 3) having the funds gifted to you; 4) a loan.
4. Your Investment Funds Must be “At Risk”
- The investment funds cannot just sit in the business bank account.
- The funds should actually be spent or otherwise committed to the business.
- In some situations, the funds can be held in an escrow account until your EB-5 visa is approved.
5. Your Investment Must Lead to the Creation of 10 Full-Time Jobs for US Workers
- Qualifying US workers must be either US citizens, lawful permanent residents, or other immigrants authorized to work in the US.
- You, as the investor, do not qualify as one of the 10 employees. Your spouse and children similarly do not count.
6. You Must Engage in the Management of the Business
- You must have some role in the management of the business. In some cases, this role can be very minimal. For example, if you invest in a regional center project, you control is limited to voting on major decisions.
Here is a Quick Overview of the Process to Get an EB-5 Visa:
1. Hire an Immigration Lawyer
- Your immigration lawyer can determine if EB-5 is the best option for you or if there are other options that are more suitable for you.
- Your immigration lawyer should be involved as early as possible to ensure that the business you invest in satisfies the immigration requirements of the EB-5 visa.
2. Select a Business to Invest In
- You can either invest in through a regional center or make a direct investment.
- Regional centers are entities that are designated by USCIS to sponsor EB-5 projects. Regional centers typically pool together investment funds from many EB-5 investors to sponsor large project such as hotel developments.
- A direct investment is any investment that is not through a regional center. Examples of direct investments include: 1) starting a business; 2) investing an existing business.
3. 2-Year Period of Conditional Residency
- Your immigration lawyer will then prepare and file a Form I-526 on your behalf (this is the initial immigrant petition filed with USCIS). Once this is approved, you are eligible to become a conditional permanent resident.
- For a 2-year period you are considered a conditional green card holder. You basically have the same rights as any other US green card holder, except that your green card expires in 2 years.
4. Removal of Condition
- 21 months after you become a conditional permanent resident, you are eligible to apply to remove the condition from your green card, to become an unconditional permanent resident.
- To do this, your immigration lawyer will prepare and file a Form I-829 on your behalf.
- At this stage, USCIS wants to see that you have kept your investment funds at risk and that your investment has led to the creation of 10 full-time jobs for US workers.
Who is Eligible to Apply for an EB-5 Visa?
As long as you satisfy the requirements for the EB-5 visa, and you are not ineligible for some other reason (such as a criminal record), then you are eligible to apply for an EB-5 visa.
Conclusion
The EB-5 visa program allows people from all over the world to get a green card to the United States based on making an investment in a US business. The EB-5 visa can be a great option for you if you can satisfy the EB-5 requirements.
If you have any questions regarding any of the information in this guide, or if you’d like my help with your EB-5 visa, please email me directly at Michael@AshooriLaw.com. My law firm focuses on the EB-5 visa and we would be happy to help you.
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l am who I am - A Jamaican
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Michelle M Kang
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Adeel ad
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I recommend this law firm to anyone looking for US immigration lawyer. The attorneys has tons of knowledge and they know what they are doing. The information or advice they give you is 100% correct. Very professional staff. Our attorney Matthew and... Business professional team were outstanding. Matthew and Kimberly also worked during the weekend or after hours to answer all our questions. I’ll definitely come back for future immigration requirements .read more
Ani Mikirdichian
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Ashoori Law has been a great partner throughout our immigration process. They have made this whole experience very easy and have answered all of our questions along the way. We highly recommend Ashoori Law and can not thank them enough!!
Ruth Ngakae
1675111500
Hello everyone,I wish to testify that Ashoori law firm is the right place for all kind of immigration issues,I personally have the best experience of my life being one of their client.The Ashoori law firm took me all the way from the beginning of my... case till date,the lawyers are so kind and very respectful,patient and understanding,they respond to your calls and reply your emails giving you update of your case and all what is needed to be done,they filled all my paperwork,sent to me to check and sent back to them for any corrections and gave me that warm assurance,as I am talking to you right now, my case has been approved,I am so grateful to God and the Ashoori law firm who sacrificed their time for me till this very moment,I am based in Georgia and they are based in California so bear in mind that distance is not a barrier,please hurry up and call Michael Ashoori and colleagues in any immigration case you have been battling with and then tomorrow you will definitely come here and testify your victory as I am doing now,My sincere big thank you to God Almighty who linked me to Ashoori law firm who has put a beautiful smile on my face and my entire family,Long live Ashoori law firm and God bless y’all 👍🙏🙏🙏🙏🙏🙏read more
Ever Zalazar
1675095317
Ashoori Law handled my working permit application professionally. Their staff is very professional. Since day one, I contacted them; I knew my process would have a positive outcome. During the whole process, I always received the support of the... team, any conference call to follow up was on time, and the information satisfied my questions. I'm delighted to have chosen Ashoori law.read more
Sahan Kaushal (Kawwa)
1675059855
I feel really happy that I have processed my Re-Entry Permit with Ashoori Law. They have been great, very responsive and professional. I would recommend 'Ashoori Law' to any one who is in need of anything related to immigration.I am highly... satisfied with their service. Thanks 'Ashoori Law'.read more
Shota Leladze
1674871442
The team is helpful! I've have the answers on all of my questions I've ever asked to them!
Leah H
1674833566
Our Texas based Endurance Horse Racing company was just approved for our E2 Visa along with our three essential employees yesterday at the Toronto Consulate. I wanted to thank Ashoori Law and their team for such excellent and professional care they... took for our family and business. We had a very unique case with an unusual business type, complicated investment, and three essential employees all being applied for at once. I have no regrets hiring their law firm to walk us through this process step by step ensuring that every t was crossed and I dotted along the way. We placed our lives in their hands, and they truly took care of us. I HIGHLY recommend their services to anyone looking to obtain an E2 status. A special thank you to their team member Christina who always replied promptly and thoroughly to all my questions, taking the time to really understand the uniqueness of our situation and having never met anyone on their team, really making us feel cared for and important.read more
Abdulakim Abrahim
1674829940
Please help me I am from Ethiopia thanks
AN
1674746245
I recommend this law firm to anyone looking for US immigration lawyer. The attorneys has tons of knowledge and they know what they are doing. The information or advice they give you is 100% correct. Very professional staff. Our attorney Rebecca and... Business professional Elaine were outstanding. Rebecca also worked during the weekend or after hours to answer all our questions. I’ll definitely come back for future immigration requirements and will let friends and family know as well.read more
Anne Summanen
1674700602
My family and I got a successful E2 Visa with the help of Ashoori Law. They are well organized and have a system that get things done. With the help of a portal, it made it easy for us to keep on track and to follow our progress. Every one was... extremely professional. Thank you so much! Highly recommended!read more
Pragadeesh Suresh Babu
1674687597
Had a great experience with Ashoori law after I was recommended to them by a colleague. They were very professional and answered all my questions in a timely manner. Definitely recommend!
Antoni Matte
1674652577
With the help of Ashoori law and their team, our application went smoothly and we were able to get our visa.
Brahim Bougrayne
1674620459
Im a citizen from Belgium and has applied voor a E2 visa and thanks too Ashoori Law i have been approved!!His team did a great job, they help you step by step and always can you reach them by phone, email or whatsup!!Thanks Ashoori Law
Adriana HERNANDEZ BERMUDEZ
1674529670
Hello,My name is Adriana, I am from Colombia. I married my husband Edward who is an American citizen in Bogota Colombia in 2013. My husband moved to Bogota in 2015 until we decided in late 2022 it was time for me to apply for my USA Residency.... We started searching for Immigration Lawyers and came accross Michael Ashoori through a referral from EIN Express where I received my ITIN number. We emailed Ashoori Law and quickly received a reply explaining that a phone interview was required. The interviewer was ontime and very efficient in answering all our questions and concerns. We then decided to use Ashoori Law. A list of documents which were needed were sent to us, keep in mind that if you do not provide these Documents in a timely manner Ashoori Law can not do their job to help you. We had one person ¨Zeser¨ from almost the very beginning to assist us with every concern or question until today he continues to answer questions. Ashoori Law office filed all the documents with USCIS in the first week of June, 2022 in January 2023 I received my United States Of America Employment Authorization Card. I sincerely recommend Ashoori Law not only for their excellent customer service but also for their efficient work.Thank You.Adriana Hernández Bermúdez.read more
Escheyder Acosta
1674504347
My company chose Ashoori Law to help me out in getting my work VISA to be able to move to the USA.At first, they send you a welcome email with all contacts and assigned lawyer. I think this is a nice touch so I can get familiar with the people... within the firm I can contact.I felt a little bit lost at first. They have their own sharepoint to upload files and fill out forms. However, after I had my first meeting with Lorianne (my lawyer) everything was cleared out.There was so many information to be gathered for my type of VISA. Lorianne was very helpful in giving us advise on the strategy to follow to present my case. Whole process to gather information took around 3-months.In the end, after one last meeting, we were able to have everything ready to submit. VISA was approved right away without any questions from the immigration department.This firm was great help during my process. I have only worked with Lorianne. However, judging by her response time and customer service, I think overall, it is a great firm for the process they helped me with.read more
Yoonmo Sang
1674433283
I've worked with Ashoori Law's lawyers on multiple occasions and had great outcomes always. In addition, the staff are very helpful and friendly. I would definitely recommend Ashoori Law for anyone.
Akash Giri
1674155687
I recently applied for a green card using the services of Ashoori Law firm. The firm's team are knowledgeable, professional, and attentive to every detail of my case. They helped me every step of the way and were able to answer any questions I had.... The communication was clear and very fast, making me very well -informed every step of the way. They are experts in the field and truly care about the clients. Highly recommended!!!read more
Raja Zulqarnain Haider
1673727230
We just had an E-2 approval from the U.S. consulate Islamabad Pakistan.We found this firm on the internet. When I read on their web page that they specialized in E2 visas, I send an email to Attorney Michael Ashoori for initial consulting. After a... brief phone conversation I was satisfiedThere is quite a lot of paper work involved and documents to be supplied. Our Attorney was Lahaina. She and her whole team prepared our case very efficiently.The best thing about this firm is they have friendly and helpful paralegals. And they have online portal where you can check your status anytime. Plus the whole team is available 24/7!We would definitely recommend using Ashoori lawread more
Phongmanas S
1673551512
Thank you so much everyone for your help. My O1 visa approved because of all your help and guidance and carefully looking on my evidence to submit with USCIS.This is a very good news of my life. It's proved that all my past work has qualify the... ability of myself to work in US.Thank you to all of you and Ashoori law team from the first day that we have talked so far.Regards,Tanread more
Lords Child 777
1673482463
Ashoori Law is the ABSOLUTE best law firm I have dealt with concerning Immigration and much more. Daniel Tierney Atty, is the most professional, intelligent, and courteous etc., Attorney I have communicated with. He is one of the main reasons I have... chose this law firm. This law group uses state of the art telecommunicating program where you are literally so informed and advised before, during, and after your calls with them. Their administration is fabulous as well. A to Z these people are the BEST! Try them and see for yourself.read more
Siranush Vardanyan
1673366640
My husband and I used Ashoori Law Services for our E2 Visa Application. Our case was a challenging one from the beginning but having assigned Rebecca as our attorney, the process started to move forward very smoothly. Rebecca is a highly... professional lawyer, who pays attention to every detail and follow up with every request even during her weekends. We successfully got approval of our case thanks to Rebecca's professionalism and dedication. I have already recommended Ashoori Law firm to some of my friends, who are looking for a professional legal support. We intend to continue working with Ashoori Firm in future as well.read more
Michael Ashoori, Esq.
U.S. Immigration Lawyer
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.