The EB5 visa is a green card for persons who invests the legally required amount of capital into a U.S. business which creates at least 10 full-time jobs for U.S. workers (or green card holders and other authorized immigrants), and the investor can either manage the day-to-day business operations (or establishes the policies for the business), or invest in a Regional Center that works to satisfy the EB5 requirements. The current minimum amount of capital required to be invested under the EB5 green card petition is $1.8 million ($1,800,000) USD or $900k ($900,000) USD for targeted employment areas (TEAs). The minimum amount of capital will continue to increase on Oct. 1, 2024.
Under the INA §203(b)(5), 8 USC §153(b)(5), the EB5 visa for investors is a part of the fifth preference employment-based immigrant visas and its main purpose is job creation. Unlike other employment-based green card petitions where people are seeking job opportunities in the United States, the EB5 green card petition focuses on whether the investor successfully created at least 10 full-time jobs for qualified U.S. workers (i.e., job creation) and the amount of capital they invested in a U.S. business.
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Table of Contents
A person qualified for an EB5 green card must (1) invest the legally required amount of capital either into a new commercial enterprise and manage the day-to-day business operations or establish policies for the business (direct investment), or into a regional center and (2) the invested business will create at least 10 full-time jobs for U.S. workers (or green card holders and other authorized immigrants). Under direct investments, job creation can only qualify when the employee is directly hired by the new commercial enterprise itself whereas the regional centers are permitted to count jobs that were created indirectly (where the regional center is not the direct employer of the person hired).
The current minimum amount of capital required to be invested under the EB5 green card petition is $1.8 million ($1,800,000) USD or $900k ($900,000) USD for targeted employment areas (TEAs). The minimum amount of capital will continue to increase on Oct. 1, 2024.
The original statutory wording for qualified persons and investments under EB5 green card petitions can be found in 8 CFR §204.6.
The U.S. commercial enterprise that the investor is investing in under the EB5 green card petition must be considered “new.” If the invested EB5 commercial enterprise was established before Nov. 29, 1990, it must be (1) reorganized or restructured so that it results in a new commercial enterprise, or (2) it must be expanded through investments to the point that the commercial enterprise results in at least a 40% increase in net worth or number of employees. For a restructured commercial enterprise under the EB5 green card petition, there should not be a net loss of employment and real changes must be shown in how the business is operated, the structure of the business, the staff, the services and products offered, and other relevant factors. For investment expansions of the commercial enterprise under the EB5 green card petition, capital from all other investors can be counted towards the 40% increase requirement.
The invested EB5 commercial enterprise must be a lawful for-profit business and it can be in the form of a sole proprietorship, partnership (general or limited), corporation, joint venture, holding company and their wholly-owned subsidiaries (if each subsidiary engages in lawful for-profit business activity), business trust, or other privately or publicly owned entities. Non-profits and charitable organizations do not qualify as a commercial enterprise under the EB5 green card petitions. Other non-commercial activities such as owning and operating a personal residence also do not qualify as a commercial enterprise under the EB5 green card petitions.
The invested business must create at least 10 full-time job positions for U.S. workers within the 2-year EB5 conditional green card period or within a reasonable time thereafter (which usually is an additional 1 year or a further extension when extreme circumstances have occurred such as force majeure). The U.S. workers under the EB5 green card petition include U.S. citizens, green card holders, and other authorized immigrants.
Direct or Indirect Job Creation
For direct investments, the new commercial enterprise under the EB5 green card petitions must directly create the jobs which means that the entity (or its wholly-owned subsidiaries) must itself be the employer of the qualified employees (i.e., the employees used to satisfy the EB5 green card requirements). Limited partnerships that loan money to other businesses where the other business creates jobs are only permitted for indirect job creation regional centers under the EB5 green card petition.
For regional center investments, the new commercial enterprise under the EB5 green card petition can directly or indirectly create the jobs which means that the entity can directly establish an employer-employee relationship with the qualified employee itself or indirectly establish a qualified job creation with a job held outside the entity but was created because of the entity. For example, if the business is a resort, the concierge could be counted as a direct job creation whereas a contracted cleaning service could be counted as an indirect job creation. Another type of indirect job creation could be induced jobs where the local economy is boosted because the business was successful and its workers spend their money on local goods and services.
Troubled Businesses
For troubled businesses under the EB5 green card petition, job maintenance can be substituted for job creation by showing that the number of existing employees is or will not be less than the level before the investment, and this job maintenance will last for at least 2 years. Troubled businesses must have existed for at least 2 years and have incurred a net loss during the 12 to 24 month period prior to filing the EB5 green card petition (Form I-526). The net loss during that 1 to 2 year period must be at least 20% of the troubled business’ net worth before the loss.
10 Full-Time Jobs
The full-time “jobs” counted under the EB5 green card petition are seen in terms of job positions and not persons. The full-time job requires at least 35 hours per week. A job-sharing arrangement (where 2 or more qualified employees share a full-time position) can still qualify under the EB5 green card petition if the 35 hours per week requirement is still satisfied. The full-time permanent job requirement under the EB5 green card petition cannot be substituted by combinations of any part-time jobs or any jobs that are temporary, seasonal, intermittent, or transient. Jobs that are expected to last for longer than 2 years usually are not considered to be temporary, seasonal, intermittent, or transient. For example, construction jobs may be seen as full-time permanent job positions but electrician jobs may more likely be seen as intermittent and are expected to be less than 2 years.
The qualified employees counted for the job creation under the EB5 green card petitions include U.S. citizens, green card holders (lawful permanent residents), or other immigrants who are authorized to work in the United States such as temporary residents, conditional residents, asylees, refugees, or persons residing in the United States under suspension of deportation. Qualified job creation under the EB5 green card petition does not include employees who are: (1) the EB5 investors themselves or their spouse and children, (2) persons with a temporary nonimmigrant work visa status (e.g., H1B, TN, L1, etc.), or (3) persons that are not authorized to work in the United States (i.e., persons working illegally in the United States).
The EB5 investor must invest capital at-risk into the new commercial enterprise which means that the capital has to be subject to the possibility of loss or gain and that it cannot merely be a loan to the business or have any guaranteed returns on the investment. There must be a legally binding commitment to invest the capital and evidence that the person has the financial ability to do so at the time of filing the EB5 green card petition. Capital under the EB5 green card petition can include cash, cash equivalents, inventory, equipment, indebtedness secured by the person’s own assets (if the person is primarily and personally liable for the debt and the assets of the new commercial enterprise listed in the EB5 green card petition are not used to secure the indebtedness).
Escrow & Joint Bank Accounts
Funds that are held in escrow can qualify as capital as long as the funds will be immediately and irrevocably released when the person’s 2-year EB5 conditional green card is approved. Joint bank accounts for capital funds under the EB5 green card petition can only be used if it is owned by the investor and the investor’s spouse, which means that it cannot be used if it is owned by the investor and the investor’s other family members such as a joint account owned by a father and a daughter. Gifts are permitted to be qualified capital funds under the EB5 green card petitions if it was given freely without an expectation that there will be a repayment in money or anything of value for it.
Secured Promissory Notes & Guaranteed Returns
In certain circumstances, a secured promissory note (which is a promise to pay) payable within 2 years can be included under the EB5 green card petition. Property located in China cannot be used to secure a promissory note because a U.S. judgment against that property cannot be enforced. Promissory notes that give guaranteed interest payments generally cannot be used. Guaranteed annual returns or guaranteed returns of portions of the investment cannot be counted towards the required capital investment amount. If the investment guarantees the right to ownership or use of a specific asset such as a home or a condo, then the fair market value of the asset must be deducted from the amount of capital investment.
Legal Source & Calculations
All investment capital under the EB5 green card petition will be valued in U.S. dollars and at a fair-market value. Illegal assets (gained through criminal activities) cannot be used as investment capital under the EB5 green card petitions.
The targeted employment areas (TEAs) can be either a rural area or an area with a high unemployment rate that is at least 150% of the national average unemployment rate. A rural area under the EB5 green card petition is an area outside a metropolitan statistical area (MSA) defined by the Office of Management and Budget or an area outside of a city or town that has a population of at least 20,000 residents based on the most recent U.S. national census. The 150% unemployment rate will be determined by the census tract or contiguous census tracts of the location that the new commercial enterprise is primarily doing business in.
The EB5 green card petition for investors has three main requirements that need to be satisfied: evidence must be provided to the USCIS to show that there is (1) an investment of the legally required amount of capital in a new commercial enterprise direct investment or in a regional center, (2) at least 10 full-time jobs created for U.S. workers (or green card holders and other authorized immigrants), and (3) the person manages the day-to-day business operations or establish policies for the business if filed under direct investments. The current legally required amount of capital to be invested under the EB5 green card petition is $1.8 million ($1,800,000 USD) or $900k ($900,000 USD) for targeted employment areas (TEAs).
Evidence Required for the EB5 Green Card
The evidence provided to the USCIS for the EB5 investor green card petition must show:
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- The legally required amount of capital is invested in a new commercial enterprise direct investment) or in a regional center and it is in the appropriate amount (regular $1.8m or TEA 900k)
- The capital invested are at-risk and is from a legal source
- The invested business qualifies as a new commercial enterprise
- There are at least 10 full-time jobs created for qualified U.S. workers (or green card holders and other authorized immigrants)
- The investor must manage the day-to-day business operation or establish the policies of the business if the EB5 green card is filed under a direct investment
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- The legally required amount of capital is invested in a new commercial enterprise direct investment) or in a regional center and it is in the appropriate amount (regular $1.8m or TEA 900k)
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- The capital invested are at-risk and is from a legal source
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- The invested business qualifies as a new commercial enterprise
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- There are at least 10 full-time jobs created for qualified U.S. workers (or green card holders and other authorized immigrants)
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- The investor must manage the day-to-day business operation or establish the policies of the business if the EB5 green card is filed under a direct investment
The original statutory wording for the evidentiary requirements of the EB5 green card can be found in 8 CFR 204.6(m)(7).
Documents Required for the EB5 Green Card
Commonly used documents to prove that the person and investment are qualified under the EB5 green card petition includes but is not limited to:
- A comprehensive business plan must be submitted during the first stage (Form I-526 Petition) of the EB5 green card petition to show that more likely than not the business (new commercial enterprise or regional center) needs and will create at least 10 full-time jobs for qualified U.S. workers (or green card holders and other authorized immigrants) within 2 years. The business plan must include:
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- Description of the business and its objectives, products, services
- Market analysis (includes descriptions of the business’s target market/prospective customers, and the competitor’s name, strengths, weaknesses, comparisons of the products and pricing structure)
- Marketing strategy (includes advertising, pricing, servicing)
- Organizational structure and staff experience
- Timeline of hiring staff and staffing requirements (includes job descriptions for all positions)
- List of obtained licenses or permits required
- Description of the business’s production or manufacturing process (includes materials required and supply sources)
- Projections of income, sales, cost supported by reasonable grounds
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- Description of the business and its objectives, products, services
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- Market analysis (includes descriptions of the business’s target market/prospective customers, and the competitor’s name, strengths, weaknesses, comparisons of the products and pricing structure)
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- Marketing strategy (includes advertising, pricing, servicing)
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- Organizational structure and staff experience
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- Timeline of hiring staff and staffing requirements (includes job descriptions for all positions)
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- List of obtained licenses or permits required
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- Description of the business’s production or manufacturing process (includes materials required and supply sources)
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- Projections of income, sales, cost supported by reasonable grounds
- Commercial property developments should include additional information, such as current fair market value rates on leases, vacancy rates, historical trends of rental income, and an analysis of competitors that includes a detailed evaluation on other commercial properties in neighboring areas.
- Documents that show the legal formation of the business and the required legal authorization to do business, such as articles of incorporation, operating agreement, partnership agreement, local business license, or certificate of good standing.
- Documents that show the investor will manage day-to-day business operations or be able to establish policies for the business, such as proof that the person is a corporate director or officer, partners should have the power to what is granted to limited partners under the Uniform Limited Partnership Act (ULPA), and LLC investors should be granted powers to make high level policy decisions that are comparable to the ULPA.
- Documents that show the legally required amount of investment capital, such as bank statements, legal documents that show the person is the owner of purchased assets, stock certificates given for the investment, secured loan/mortgage agreements, escrow agreements, proof of property that was transferred from abroad.
- Documents that show the source of capital is legal, such as foreign business registration records, business and personal tax returns filed within the past 5 years, certified court judgments of all civil or criminal actions within the past 15 years, the sale contracts or deeds if the capital is from the sale of a house or business, an explanation and proof will be required if assets are newly gained.
- For direct investments in TEA areas, documents need to show that the location of where the new commercial enterprise is primarily doing business falls under the definition of a Target Employment Area (TEA).
- For investments in regional centers, the investor should provide additional documents such as the regional center’s most recent approval letter with the information related to its job creation methodology and capital investment structure, the limited partnership agreement, escrow agreements and instructions, confidential information memorandum and its amendments.
- In the second stage (Form I-829 petition), the creation of 10 full-time jobs for qualified U.S. workers (or green card holders and other authorized immigrants) typically should be shown by I-9s, tax records, payroll records, pay stubs, etc.
The total time an EB5 green card takes is consisted of the processing time for (1) the EB5 green card petition (Form I-526) and 2-year condition removal petition (Form I-829) with the USCIS, and (2) the change of status when the person’s priority date becomes current by filing the Form I-485 application if adjusting status within the United States or the DS-260 application if doing consular processing at a U.S. consulate or embassy located outside the United States.
Factors that influence the processing time usually include but are not limited to where the person (or spouse) was born, if there was any Request for Evidence (“RFE”) issued, and the caseload of the USCIS service center and the U.S. consulate or embassy.
A rough estimate for the Form I-526 petition (EB5 green card petition) is around 18 to 30 months on average and a rough estimate for the Form I-829 petition (removal of conditions petition) is around 30 months on average. Please note that the processing times are only a very rough estimate of the average and it fluctuates wildly due to circumstances or laws changes which often result in time exceeding what is listed here. Current estimates of the processing time can be checked here.
Priority Date for Status Change
There are two parts in the processing time for a change of status: (1) the time to when the person’s EB5 green card priority date becomes current which can range from no wait time (common for most investors except China-born investors) to multiple years (common for China-born investors) depending on what country the person or their spouse was born in, and (2) the time to process Form I-485 for adjustment of status or DS-260 for consular processing which a rough estimate can range from 4 to 15 months.
After the USCIS approves the EB5 green card petition (Form I-526), the person will then wait for their priority date to become current to apply for a change of status into a 2-year conditional green card holder (conditional lawful permanent resident). The priority date for EB5 green card petitions is the date that the USCIS receives the immigration petition (Form I-526). For people from most countries, their EB5 green card petitions will usually have a current priority date at the time of filing. For people from China, the wait time for their priority date under an EB5 green card petition to become current is relatively long within this green card visa category.
The reason as to why there are different wait times for a priority date to become current is due to the total limit on how many green cards (immigrant visas) can be given out each year and a separate limit on how many green cards are allotted for each country. For people born in certain countries (based on country of birth and not country of citizenship) such as China, there is usually not enough available visas (green cards) each year due to high-volume immigration from those countries so they would have to wait for their visas (green cards) to become available which would be based on when their priority date becomes current in the monthly Visa Bulletin released by the U.S. Department of State (DOS).
Cross-Chargeability
Cross-chargeability is often used when the person’s country of birth has a visa backlog problem but the country of birth for the person’s spouse does not. The person born in the country that has a visa availability backlog problem will use the cross-chargeability rule to be charged against (use the quota of) the spouse’s country instead (this usually results in obtaining the green card much earlier). For example, a person born in China (which usually has a visa availability backlog problem) with a spouse born in South Korea (which does not have a visa availability backlog problem): both of them can use the quota of South Korea instead of China when they apply to change into their green card visa status. It does not matter which person is the primary person pursuing the green card petition.
Minor children can be charged to either parent’s country of birth, or in some circumstances the child can be charged to a third country that neither parent was born in or had residence in when the child was born. For example, both parents were born in Japan but their child was born in China during a temporary vacation there: the child can be charged against the quota of Japan. Under most circumstances, derivative beneficiaries (such as the spouse or children of green card visa applicants) cannot be eligible to apply to change into their green card visa status before the principal green card visa applicant.
Please note that parents cannot use their minor children’s country of birth under the cross-chargeability rule. For example, both parents were born in China and their child was born in Japan. The parents cannot use Japan which is their child’s country of birth and would still need to use China which is their own country of birth to wait for their green card.
Changing into the green card visa status (the lawful permanent resident immigrant visa status) is a required step in being able to work freely and live permanently in the United States. Under EB5 green card petitions, the person would need to first change into a 2-year conditional green card visa status after their EB5 green card petition (Form I-526: Immigrant Petition by Alien Entrepreneur) is approved and then they must file a removal of conditions petition (Form I-829: Petition by Investor to Remove Conditions on Permanent Resident Status) to change their conditional green card into a regular one before their 2-year conditional green card expires.
After the EB5 green card petition is approved in the first stage, the person must then change into their 2-year conditional green card visa status. There are two ways to obtain the 2-year conditional green card visa status: adjustment of status and consular processing.
Adjustment of status is usually for a person who is already in the United States with a valid nonimmigrant visa status and has maintained a lawful visa status throughout their time within the United States. On the other hand, consular processing is for a person living outside the United States or for a person who is ineligible in adjusting their status in the United States.
For a person who is residing overseas (outside the United States) or a person who is ineligible for an adjustment of status with the Form I-485 application, consular processing must be done to obtain the EB5 green card visa status (i.e., lawful permanent resident). Consular processing usually involves the person attending an in-person interview at the U.S. consulate or embassy located in their home country. In certain circumstances, a person can do consular processing in another country as a “Third Country National.”
After the interview approval at the U.S. consulate or embassy, the person would have to be admitted entry into the United States by the CBP officer at the border (usually at the airport). In other words, the person would have to physically enter the United States after their interview approval for their 2-year conditional EB5 green card visa status to be issued and activated.
For a person who is already in the United States with a valid nonimmigrant visa, there are usually two options available to obtain the EB5 2-year conditional green card visa status (Lawful Permanent Resident):
(1) Adjustment of Status: this is the more commonly chosen option where the person would file a Form I-485 application to adjust their status without leaving the United States. The person would attend an in-person interview at a local USCIS office in the United States and the interview approval would serve as the final step for the EB5 2-year conditional green card visa status to be activated.
The adjustment of status application (Form I-485) can be filed when the person’s priority date becomes current in the Visa Bulletin which means that there are no backlogs in visa availability for the person’s country of birth (not country of citizenship). This can happen while the EB5 green card petition (Form I-526) is still pending (i.e., before approval) with the USCIS or after the EB5 green card petition (Form I-526) is approved by the USCIS. It can also happen in concurrent filings (Form I-526 and Form I-485 sent together) where the person’s priority date is already current at the time of filing the EB5 green card petition (Form I-526) to the USCIS (which is more common for most investors except China-born investors).
When the adjustment of status application (Form I-485) is filed, applications for the employment authorization document (Form I-765, commonly known as the “EAD card”) and the travel document (Form I-131, commonly known as “Advance Parole”) can also be filed at the same time.
The EAD card allows unrestricted employment where a person can change their job freely and can legally work for any employer in the United States, unlike a work visa such as an H1B visa which restricts a person to work for a specific employer in the United States.
Advance parole allows a person to travel internationally while their adjustment of status is still pending. If a person has a pending adjustment of status application (Form I-485) with the USCIS but leaves the United States without advance parole and does not have a certain valid nonimmigrant visa status (H1B visa, H4 visa, L1 visa, L2 visa, K3 visa, K4 visa, V visa) that allows international travel, their adjustment of status will be considered abandoned.
(2) Consular Processing: this is usually chosen if a person cannot show that they have maintained their lawful visa status in the United States or when the processing time for consular processing is much faster than the adjustment of status.
When the EB5 green card petition (Form I-360) is approved, the person’s spouse and dependent children (unmarried and under the age of 21) may be eligible to enter the United States under the C-52 or C-53 (T-52 or T-53 if filed under TEA) immigrant status, respectively.
The EB5 visa petition is one of the many ways to obtain an employment-based green card. The investor under the EB5 green card petition must invest the legally required amount of capital in a new commercial enterprise or regional center that will create at least 10 full-time jobs for U.S. workers (or green card holders and other authorized immigrants). The current minimum amount of capital required to be invested under the EB5 green card petition is $1.8 million ($1,800,000) USD or $900k ($900,000) USD for targeted employment areas (TEAs).
There are two stages in the EB5 green card petition where the investor would need to first file for a 2-year conditional green card and then file to remove the condition after 2 years to change into a regular green card. The capital used for the investment under the EB5 green card petition must be legally obtained and the capital invested in the U.S. business or regional center must be considered “at-risk” meaning that there must be a risk that the invested funds will be lost if the U.S. business fails (i.e., cannot be a loan to the business).
For investors using a direct investment to apply for the EB5 green card, they must manage the day-to-day business operation or establish the policies of the U.S. business themselves. On the contrary, investors under regional centers do not need to manage the day-to-day business operation themselves as they play a more passive role in the business operations as a limited partner or a policy maker in an LLC for the investment.
There are no other employment-based immigrant visas that are similar to the EB5 investor green card, however, there are some possible alternatives that may also fit the EB5 investor’s professional qualifications.
The closer employment-based green card petition alternatives to the EB5 green card include: (1) the EB1a green card for persons who have extraordinary ability in the sciences, arts, education, business, or athletics, (2) the EB1c green card for executives or managers of multinational companies that have worked overseas for at least 1 year, (3) the EB2 green card for persons who have exceptional ability in the science, business, arts, (4) the National Interest Waiver filed with an EB2 green card petition (EB2 NIW) for persons who are qualified in being able to make contributions that substantially benefit the United States as a nation, and (5) the Physician’s National Interest Waiver filed with an EB2 green card petition (EB2 PNIW) for doctors who agree to provide healthcare services in certain U.S. government-designated facilities or medical personnel shortage areas.
Further Alternatives
Other employment-based green card petition alternatives that are more dissimilar to the EB5 green card include: (1) the EB1b green card for outstanding professors and researchers who are internationally recognized as outstanding in their academic field, (2) the EB2 advanced degree green card for persons who have at least a Master’s degree(or a bachelor’s degree and 5 years of post-college progressive work experience) and have a job offer for a position that requires that specific type of degree, (3) EB2 Schedule A Group II green card for persons who have exceptional ability in the performing arts, science, or arts, (4) the EB3 Schedule A Group I for professional nurses and physical therapists, and (5) the EB3 green card for professionals, skilled workers, other unskilled workers.
Professional workers under the EB3 green card petition are required to be a member of a profession with at least a bachelor’s degree (or its foreign equivalent) and a job offer that requires a bachelor’s degree. Skilled workers under the EB3 green card petition are required to have qualifications to perform a job that requires at least 2 years of training or work experience. Other workers under the EB3 green card petition are only required to be able to perform an unskilled job that requires less than 2 years of training or work experience.
Comparable Nonimmigrant (Temporary) Visas
The comparable nonimmigrant (temporary) visas to the EB5 green card includes the E1 visa (Treaty Trader) or the E2 visa (Treaty Investor) that allow an investor to manage and invest in a U.S. business, or the L1A visa where the manager or executive of a multinational company is allowed to open up an office in the United States.
If you have an EB5 green card (Investor) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
How we can help?
Kylie Huang Law’s immigration attorney will help identify whether the EB5 green card is the appropriate immigrant visa category for the client’s professional background. We will work closely with our client to prepare a convincing case for their EB5 green card petition and we will also strategize on how the EB5 green card petition should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for an EB5 green card petition (investor green card) due to the complexities in the immigration process and visa requirements.
What does the typical process look like to retain (hire) us?
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- Fill out the form (with some basic information on what your immigration needs are)
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- Attend scheduled appointment (typically a phone call or zoom meeting)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming content of documents that will be submitted
- Filing the case
- Following up on the case status
- Close the case when a final determination is issued