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San Antonio EB-5 Visa Lawyer

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EB-5 Investor Visa for $500,000 to $1,000,000

In simple terms, the EB-5 Visa is a Green Card. This visa is for people who invest $500,000 (and in some cases $1,000,000) in the United States. The EB-5 is highly sought after and one of the most efficient ways to obtain a Green Card through an investment.

EB-5 Visa Benefits

The main benefits of the EB-5 are:

1.  Obtain a Green Card:

Upon meeting all of the requirement of the EB-5, you and your immediate family will obtain Green Cards. Your immediate family includes your spouse and your unmarried children under the age of 21.

2.  Live in the USA

Once approved, you and your immediate family will be able to legally live in the USA.

3.  Work in the USA

The EB-5 Visa allows you and your immediate family to work legally in the USA.

4.  Public Education

Your children will have access to schools in the USA and be able to attend classes from Pre-K to high school.

5.  University

For your children that have already graduated from high school, the EB-5 Visa will allow them to attend universities in the US without a Student Visa.

6.  Social Security Number

The EB-5 allows you and your immediate family to get Social Security Numbers.

7.  Driver’s License

You and your immediate family will be eligible to get US drivers licenses.

8.  Eligibility to Apply for Citizenship

After 5 years of having your Green Card, you and your spouse may apply for US Citizenship. Children may apply for US Citizenship after 5 years of having a Green Card and reaching the age of 18.

9.  Apply for Green Cards for Other Family Members

A person that has a Green Card can apply for Green Cards for:
•  A spouse, and
•  Children of any age who are unmarried.

EB-5 Visa Requirements

There are 3 general requirements that must be met in order to qualify for the EB-5 Visa.

1.  EB-5 Investment

The EB-5 requires that you invest $1,000,000 in the United States. The investment requirement drops to $500,000 if you invest in an area of high unemployment (also known as a Targeted Employment Area).

2.  Create 10 Jobs

Your investment must create a minimum of 10 new full-time jobs for US workers. Generally, you have a 2-year deadline to create these 10 jobs.

3.  Legal Source of Funds

The money invested in the USA for the EB-5 must be from a legal source.

Green Card Application Process via EB5

The application process for the EB-5 Visa is a three-step process.

•  Step 1 – I-526

When you hire our firm, our immigration attorney will begin applying for an EB-5 pre-approval (I-526) for the investor.  This is not a Green Card application yet.  Once we get this pre-approval (Step 1 is approved), then we move to a Green Card application (Step 2).

In Step 1 (I-526) we will explain to USCIS:

•  Who you are (the investor);

•  What your EB-5 investment is going to be; and

•  Where your investment funds came from (legal source of funds).

•  Step 2 – Apply for a 2-year Green Card

Once Step 1 is approved, we will start with Step 2.  Step 2 is an application for a Green Card with a 2 year duration. Generally, during these 2 years, the EB-5 investment should create the required 10 jobs before the 2-year Green Card expires.

•  Step 3 – Apply for Permanent Green Card

Once Step 2 is approved and before the 2-year Green Card expires, Step 3 begins.  Step 3 is an application for a Permanent Green Card (for life). In order for the Permanent Green Card to be approved, two main requirements must be proven:

•  That the required investment has been made ($1,000,000 or $500,000), and

•  That the 10 new full-time jobs have been created.

Generally, if these requirements are met, then you and your immediate family will be issued permanent Green Cards.

Duration and Renewal

First, the EB-5 gets you a Green Card for 2 years (mentioned in Step 2). Then, upon meeting all of the EB-5 requirements, the EB-5 gets you a Permanent Green Card. Once you and your family have the permanent Green Card, you can live in the US for the rest of your life.

Frequently Asked Questions about the EB-5 Visa

1.  Can I make my EB-5 investment in an EB-5 investment fund (Regional Center)?

If you do not wish to invest in your own business, you can invest in a Regional Center to have a Regional Center create the 10 jobs for you.

A “Regional Center” is an investment fund where you can make your EB-5 investment. The Regional Center will invest your money in a project that is expected to create the 10 jobs. For example, a Regional Center may be developing a ten-story office building and planing to create many construction jobs. If you were to invest in this Regional Center, the jobs created with your money would be credited to you.

There are more than three hundred Regional Centers in the USA. When you work with our law firm we will provide you with a list of every Regional Center in the USA so that you may become familiar with all of the Regional Center investment opportunities available to you.

2.  Do I lose my permanent Green Card if I stop investing?

Once you have obtained the Permanent Green Card (Step 3 is approved), you are able to withdraw your EB-5 investment without fear of losing your Green Card and as far as USCIS is concerned, you will have no further obligation to keep investing.

For more information Contact Our San Antonio EB-5 Lawyer

If you would like to set up a consultation with an immigration attorney to discuss the time, costs and other requirements associated with the EB-5 Visa application, please call (210) 858-9681.