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Law Offices of Vaughan de Kirby

EB-5 Visa: A Guide to Green Card Immigration Through Economic Investment

Vaughan De Kirby EB-5 green card and immigration attorneyEb-5 Attorney Vaughan De Kirby's Desk

If you’re a foreign investor looking to manage a business in the U.S., you have a lot of visa options available to you. You know that a successful enterprise depends on decisions that you make at the very beginning—and that you only have one chance to get it right. So how can you be sure that the EB-5 investment visa is the right way for you and your family to come to California?

San Francisco, California EB-5 attorney Vaughan de Kirby can help you take the guesswork out of the EB-5 visa process. In his FREE report, he offers step-by-step information on coming to the U.S. with an EB-5 visa—including filing paperwork, getting visas for your family members, and transitioning your visa into a green card. Click the link on this page to get your copy of the Investor's Path to a Green Card: How Investing in America Can Put You and Your Family on the Path to Greater Wealth and U.S. Permanent Residency.

What Are the Benefits of the EB-5 Investor Visa?

While many immigration visas offer opportunities to foreign nationals, the EB-5 is particularly attractive because it is a green card visa. This means that, if approved, you and your family will enjoy:

  • All the benefits given to every other United States resident
  • Unrestricted access to the U.S. (for both business and personal use)
  • Unlimited residency in the U.S. (no renewals or re-application requirements)
  • Freedom to live and work anywhere in the country
  • Potential to run or own your own business anywhere in the nation
  • Permanent green cards for you and each qualified member of your family
  • The ability to attain legal U.S. citizenship after five years of residence

Do You Qualify for an EB-5 Investor Visa?

The EB-5 green card is an investment visa, and requires the beneficiary to place a substantial amount of his or her funds into a U.S. business. There are two ways of fulfilling this obligation:

  • Direct Investment – Investors who choose to create a new enterprise, purchase an existing business, or reorganize a former business into a new entity must invest a minimum $1,000,000 into the commercial venture. In cases where the existing business is located in an area of severe unemployment—150 percent of the national unemployment rate—the investor may invest $500,000.
  • Regional Center Investment – Investors may finance a business in an area that has been designated by USCIS as having an especially high need for economic stimulus. The minimum investment in regional center businesses is $500,000.

Regardless which of these forms your investment takes, you will be responsible for creating at least 10 full-time U.S. jobs as part of your visa commitment. At the end of your two-year conditional residency, USCIS will evaluate your business and determine if you have invested the full amount of capital, and created the required number of jobs. If you have fulfilled the terms of your visa, you may apply to remove the conditions on your visa and enjoy unrestricted access to the U.S. with your permanent green card.

How Do I Apply for an EB-5 Visa?

As the investor, you may submit your own petition for an EB-5 visa to USCIS. However, you will also have to submit a number of documents, records, and other vital paperwork before you may be granted approval. Many applications are denied the first time they are reviewed because of a lack of sufficient evidence to support the beneficiary’s application.

If you want your investment visa application approved as quickly as possible, you should have a trusted immigration attorney review your petition and help you collect the necessary evidence for USCIS approval. At the Law Offices of Vaughan de Kirby, we can help you throughout the application process, advise you on how to invest your EB-5 funds, help you find the proper classification for your business venture, and help you achieve your family’s goal of becoming permanent U.S. citizens.

Contact us today at 415-221-2345 for more information, to order your FREE copy of our EB-5 attorney investment guide, or to set up a consultation with an attorney. Our friendly and helpful staff is always ready to assist new clients—including an exclusive Chinese-speaking staff to serve our EB-5 clients in the Far East.

Vaughan de Kirby
California Immigration Attorney