Obtaining an EB-5 visa is not as simple as issuing a bank transfer and filling out a few forms. Multiple steps are involved in the process, including:
- Identifying a valid investment — Your initial choice will be to find an investment on your own or to go through one of the EB-5 Regional Centers designated by USCIS. These private entities are paid commissions for their services, but they offer more certainty that the investment will comply with the law. Whichever path you take, our firm will review your investment plan, identify any potential weaknesses in your strategy and advise you on how to move forward.
- Preparing the evidence —We help you gather and compile the objective data and documentation to build a solid case that you are committing sufficient funds and that the enterprise will create the necessary number of jobs.
- Filing Form I-526 — The Immigrant Petition by Alien Entrepreneur, Form I-526, must be filed with USCIS. We help you complete this multi-page document, which asks questions about your personal information and employment history as well as about the investment and the commercial enterprise it will fund.
- Submitting additional documentation and fees — Once your Form I-526 is approved, we assist you in either adjusting your status in the United States (Form I-485) or applying for an immigrant visa at an U.S. consular office overseas. Your spouse and your unmarried children under the age of 21 are also eligible for green cards.
- Fulfilling the conditional residency requirement — Your green card and those of your family members will be issued on a conditional basis for two years, after which you must file a separate petition (I-829) to prove that the EB-5 requirements have been met. We can assist you in completing and documenting this petition.
We offer detailed advice, document review and troubleshooting through each phase of your application. If the EB-5 investment requirements do not suit your business plan, our firm can assist with applications for business-based immigration or E-2 investor visas. If you intend to conduct trade on U.S. soil without substantially investing in a U.S. business, the E-1 nonimmigrant visa may be more appropriate.
Located in Tampa, Florida, the office of Mark Weiner Law advises individuals and employers who wish to obtain nonimmigrant visas. To schedule a consultation with an experienced immigration attorney, call 813-388-3045 or contact us online.