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EB-5 Visa
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New York City EB-5 Visa Lawyer

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When an individual who possesses substantial personal wealth seeks permanent residency in the United States, the EB-5 Immigration program is often the most beneficial means of attaining their goals. Also known as the immigrant investor program, this option is ideal for many foreign nationals, especially those who have no employment sponsorship or family in the US. In fact, this is often the only option for these individuals to obtain permanent residency status. The New York City EB-5 visa attorneys at the Law Offices of Robert Tsigler have extensive knowledge in this field and are available to guide our clients through the process.

How Does it Work?

The immigration category for EB-5 visas requires the individual in question to own an investment in a commercial enterprise. This investment must be at least $500,000 but may be as much as $1,000,000 or more in some places. The investment operation must employ at least ten US workers on a full-time basis or remain a pooled investment project that will indirectly result in the creation of employment for ten US citizens.

The EB-5 investor is not required to be involved in the daily operations of the operation in any way unless they opt to do so. However, they may not be completely passive. One other requirement of note is that the investor must be able to offer documentation of the source of the funds they are investing and prove that they are lawful, regardless of whether they were given to the investor as a gift or existed as personal assets.

Is Permanent Residency Status Acquired Immediately?

The EB-5 Immigration program offers permanent residence to investors, but it is conditional for a period of two years. At the end of the two-year period, the residency can become permanent by proving that the investor met the requirement of job creation for ten US workers. The investor must also prove to the United States Citizen and Immigration Services (USCIS) that the investment has continued at risk.

The USCIS verification process requires evidence that the investor has not withdrawn their funds and that they have created at least the minimum number of jobs specified. If the USCIS is satisfied that the investor met these requirements, they will grant the immigrant investor permanent resident status.

Does the Investor Need to Start Their Own Company?

There are various ways for an immigrant investor to pursue an EB-5 visa. This may include investing in a company owned by another party, creating their own commercial enterprise, or contributing to a “regional center.” The latter option requires utilization of a pre-approved center, but it is often the ideal choice for those who wish to earn their investment funds back. Government-approved centers occupy designated geographical locations where investment projects are regularly sponsored to create the ten jobs necessary per investor.

These regional centers primarily exist in places where the required amount for investment remains at the base level of $500,000. Investors who participate in this scenario may get their investment money back, but the investor must sustain their investment for at least two years after acquiring conditional permanent residence.

What Are the Advantages of the EB-5 Visa?

For individuals seeking residency in the United States, there are various options that eventually result in attaining a green card. However, the advantages of an EB-5 visa are superior to most others. First, individuals who obtain an EB-5 visa do not need to complete the labor certification process many other employment-based visas require in order to show a shortage of available US workers who can perform a particular job. In addition, the EB-5 visa has no requirement for the individual to maintain a business in their home country. These visas do not depend upon verification of extraordinary ability in business and are inclusive of the investor’s immediate family.

One of the other most attractive benefits of the conditional US residency the EB-5 visa offers is that there are no visa quotas in place on the basis of the individual’s home country. This aspect makes the EB-5 visa preferable over diversity visas. There is no need for the investor to have family members who are already present in the United States, as in the case of visas for immediate relatives of US citizens. The flexibility the EB-5 visa offers is what makes it an ideal option for many foreign nationals.

Perhaps the most favorable aspect of attaining an EB-5 visa, however, is the fact that it provides a direct pathway to US citizenship. Other types of work-related visas may force the individual to resort to creative or alternative means to establish citizenship. Temporary employment-based visas and E-2 Treaty Investors visas do not offer a direct route, and individuals with such visas often encounter roadblocks. By contrast, the EB-5 immigrant investor program includes the intent of permanent citizenship in a well-documented way. Although financial dividends are often a welcome bonus, the pathway to attain a green card and citizenship the program provides for the investor, their spouse, and their children is the true return on the investment.

How Can the Law Office of Robert Tsigler Help?

Our New York City EB-5 visa attorneys have helped countless foreign citizens navigate the complex process of attaining visas and residency in the United States. The EB-5 investor program is just one of the many options available to foreign nationals who seek a legal road to citizenship in the United States. The legal services we provide to our clients help them through every phase of the process.

The Law Office of Robert Tsigler offers services for individuals who wish to attain other temporary and permanent employment-based visas, such as EB-1 visas. However, we also have the knowledge and experience necessary to make the EB-5 visa process smooth and efficient. Our New York City EB-5 visa lawyers work together with business owners and developers to find options for projects that meet EB-5 requirements, whether through individual petitions or via regional centers. If you are looking for the finest representation available for your EB-5 visa application, contact the Law Office of Robert Tsigler by visiting our website today.

After years of being told that he has no options, Tsigler Law quickly and successfully led our client to a clear path forward for a green card. Our client had an unjust criminal conviction combined with an unlawful entry into the United States. The team at Tsigler Law fought hard to ensure our client was able to remain in the United States and take care of his family.

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