The United States welcomes foreign business owners and investors who are willing to purchase, relocate or establish a business which creates jobs for American workers and contributes to the American economy.
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What is EB-5 Visa?
The EB-5 immigrant investor program is a highly beneficial permanent residence option for the wealthy individual. For many foreign nationals it is the best option, and for foreign nationals with no family or employment sponsorship in the U.S., it may be the only option for obtaining permanent residence status.
Employment based, 5th Category EB-5 allows you, your spouse, and your unmarried children under age of 21, the opportunity to live and work in the United States of America.
EB-5 Visa category is designed to provide you with a pathway to U.S. Citizenship, through investment. Currently, as of March 15, 2022, the amount of investment is from $800,000 (at Targeted Employment Areas and Rural Areas) and $1,050,000 elsewhere (non-TEA zones).
Congress has approved these amounts for the next five years starting March 15, 2022.
Do I qualify for EB-5 Visa?
Submit our 3 minute and straight forward EB-5 questioner and we will evaluate your potential EB-5 case.
Our lawyers
Our lawyers have helped many foreign nationals to successfully navigate the EB-5 investor program to obtain conditional residency and go on to receive permanent residency in the United States. The legal services we offer help investors reach each milestone.
Babak Hojjat, J.D. is the Director of Global Operations at the Law Offices of Marjan Kasra, LLC. Mr. Hojjat specializes in Investment Visa Category, and has proven himself to be resourceful and a “go-to” member of our team. He provides strategic direction and oversight to our law firm’s marketing team.
Dubai, UAE
Office: +971 4 518 2500
WhatsApp: +971 50 732 0905
[email protected]
Marjan Kasra, Esquire is the founder and Managing Attorney of the Law Offices of Marjan Kasra, LLC. Attorney Kasra provides legal counsel to clients at U.S. Consular posts worldwide. She has extensive experience regarding the Middle Eastern-specific issues as they relate to EB-5 and E-2 Visas.
New York
Office: +1 212 500 0905
WhatsApp: +1 203 400 7060
[email protected]
Why Lawmaks
Unlike traditional US law firms, Lawmaks has offices in US and UAE to conveniently assist EB-5 clients throughout the Middle East, North America and around the world.
We offer our clients the most suitable and compatible EB-5 project. Whether you choose a direct $1,050,000 or reduced $800,000 EB-5 investment opportunity, our attorneys can file the I-526 Petition with USCIS and manages the entire immigration process.
At the completion of the two-year conditional permanent resident card (“Green Card”), our lawyers also handle the I-829 Petition (Removal of Conditions).
Additionally, our lawyers can assist Regional Centers and potential EB-5 developers with project structuring, Regional Center designation, as well as USCIS/SEC compliance.
EB-5 program advantages
- Investor and derivatives will qualify for U.S. Passports and become naturalized after 5 years of presence in the United States (5 years upon entry with U.S. Green Card).
- No special requirements for education, experience or language skills.
- Sponsorship is not required from either an employer or a family member.
- Investor can choose any State he or she wishes to reside in.
- Investor and derivative family members have permission to work and/or study in the United States upon entry first entry with Immigrant Visa Stamp.
- Investor can establish or get involved in any type of business in the United States in addition to any EB-5 investments, immediately upon first entry with Immigrant Visa Stamp.
Is EB-5 for me
- Parents looking for a better future for their children. Those who are looking for better schools and universities where their children may thrive.
- Individuals looking to become US Citizens (EB-5 allows for you to become naturalized US person and to obtain US Passport).
- Expats whose present country of residence does not offer them long-term Citizenship options.
- Individuals looking to invest and in return obtain safer environment to live in and grow their families.
- People who want to get out of their country because of uncertainties such as financial and/or social crisis.
- Business owner having existing business outside the U.S. who is looking for more productivity and growth and expansion into the U.S. markets.
- Existing business owners looking for more business opportunity and tools.
- Individuals looking for better medical services and healthcare.
- Students obtaining higher education who want to ensure a better future upon completion of their studies.
- Less expensive university options (i.e. loan or grants) may be available for legal permanent residents.
- People looking for more job opportunities.
- People looking for higher standards of living.
- Ideal for nationals whose country does not have the Treaty Trade Agreement with the US, allowing them the option for E-1/ E-2.
- Ideal for business savvy entrepreneurs looking for more opportunities.
- Inventors looking to patent their invention in the United States and reside here thereafter to oversee their invention’s growth.
- Doctors taking their USMLE exam would have a higher change of being matched for hospital Residency programs.
- Expats whose present country does not offer them long-term Citizenship options.
- Anyone not eligible for any other kind of visa.
- People who want to work in financial sectors like NY stock Exchange, or who may be interested in obtaining US government jobs, and want to have a stronger standing in the US.
EB-5 vs E-2 & L-1 Visa
Side by side comparison of Investment options in U.S.
| E-2 | L-1 | EB-5 (Regional Center) | EB-5 (Direct) | |
| Investment Amount (USD) | No minimum. Any amount sufficient to buy or create a business | No minimum. Any amount sufficient to buy or create a business | $800,000 at TEA* zone $1,050,000 outside TEA | $800,000 at TEA* zone $1,050,000 outside TEA |
| Gifted Investment | Yes | Yes | Yes | Yes |
| Borrowed Investment (Loan) | Yes (certain rules apply) | Yes (certain rules apply) | Yes (certain rules apply) | Yes (certain rules apply) |
| Investment Location | Any | Any | TEA (Targeted Employment Areas) or outside TEA | TEA (Targeted Employment Areas) or outside TEA |
| Job Creation Requirements | Not required. However, investor must follow the Business Plan closely | Yes. Investor must follow the Business Plan closely | 10 direct or indirect jobs | 10 direct jobs (more difficult to make direct jobs |
| Investor’s Role | Investor has the option to hire a manager. Otherwise must be involved in day to day operations | Management/ Executive/ Key Employee | No active role requirement | Investor has the option to hire a manager. Otherwise must be involved in day to day operations |
| Option to purchase an existing company | Yes | Yes | N/A | Yes, must add 10 full-time jobs |
| Investor’s Overseas Employment Required | Prefer to have similar business as with E-2 entity | Yes, 1 year out of the last 3-years | No | Prefer to have managerial experience (option to hire a manager) |
| Country (Passport Specific) | Yes. Must be from a Treaty Country | Any (if foreign business is in certain countries like Iran there are restrictions) | All countries qualify | All countries qualify |
| Required to have company outside United States | No | Yes | No | No |
| Timeline** | Usually 2-4 months | 4-6 months. Expedited, 15 business days is available | Avg. 2-Years Nationality Specific | Avg. 2-Years Nationality Specific |
| U.S. Green Card (LPR) | May convert to EB-5 only if investment grows. May also qualify under EB-1C (consult U.S. lawyer) | Managers & Directors may qualify for LPR after 1-yr of entry under EB-1C (consult U.S. lawyer) | Yes, upon entry | Yes, upon entry |
| Fast Track | Yes, if change status in US; No if filing from abroad | Yes (optional) for USCIS approval, followed by regular Consular processing (if abroad); if changing status inside US, expedited (15-days) is an option | No | No |
| 1st Visa Issuance | 2-years (most nationals) | Depends on the type of L-1 (consult U.S. lawyer) | Starts with 2-years conditional LPR | Starts with 2-years conditional LPR |
| Maximum Length | Renewable as long as the business is running. Children over 21 do not qualify for renewal | 5- 7 years (consult U.S. lawyer). Children over 21 do not qualify for renewal | Permanent, upon approved I-829 | Permanent, upon approved I-829 |
| Who is considered Investor’s Family (Derivative) | Spouse & Unmarried Children under 21 | Spouse & Unmarried Children under 21 | Spouse & Unmarried Children under 21 | Spouse & Unmarried Children under 21 |
| Can Your Derivative work? | Yes | Yes | Yes | Yes |
| Can Your Derivative Attend School/University? | Yes | Yes | Yes | Yes |
| Employment for investor | Immediately upon entry | Immediately upon entry | Immediately upon entry | Immediately upon entry |
**Average processing time from the receipt dates. Subject to change without further notification.
EB-5 process timeline
Our latest EB-5 approvals
Contact
Call our Dubai office now for free consultation:
+971 4 518 2500
EB-5 FAQ
- Who’s eligible to apply for EB-5 investment Visa?
- What are the options for investments?
- How many Visas are issued each year?
- What is the minimum capital investment amount?
- Are there any other charges and costs apart from the investment amount?
- Is my investment secured?
- Do I earn any interest from the project’s investment?
- Do I have to run the business myself?
- Do I need to create jobs? If yes, how many jobs do I need to create?
- What is the timeline to get to the U.S.?
- Does the amount of investment effect the speed of the process?
- Is there an expedited processing option?
- Is education/ Marital Status/ Number of children important to get EB-5 Visa?
- What’s my first step?
- When and where do I need to invest?
- Do I have to live near my investment (State, City, etc.)?
- How long do I have to stay in U.S. to get my passport?
- Can I purchase houses, cars etc.?
- Can I have my own corporation?
- What’s my tax obligation?
- Are there any health care benefits?
1-Who’s eligible to apply for EB-5 investment Visa?
Anyone with legal Source of Fund.
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2-What are the options for investments?
There are two main investment options: Direct and In-Direct (Regional Center)
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3-How many visas are issued each year?
10,000 Visas each fiscal year.
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4-What is the minimum capital investment amount?
The required investment amount is either $800,000 in targeted employment area (TEA) or $1.05 million elsewhere.
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5-Are there any other charges and costs apart from the investment amount?
Yes.
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6-Is my investment secured?
EB-5 investment has to be “at-risk” by definition.
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7-Do I earn any interest from the project’s investment?
Depends on the project and usually it’s minimal.
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8-Do I have to run the business myself?
Only for Direct investment you need to take a direct managerial role, however you have the option of hiring a business manager as well.
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9-Do I need to create jobs? If yes, how many jobs do I need to create?
Yes, 10 full time jobs until obtaining your permanent green card.
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10-What is the timeline to get to the U.S.?
Approximately 2 to 3 years as of now. (subject to change anytime)
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11-Does the amount of investment effect the speed of the process?
12-Is there an expedited processing option?
Generally, No.
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13-Is education/ Marital Status/ Number of children important to get EB-5 Visa?
Generally, No.
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14-What’s my first step?
Pick your attorney.
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15-When and where do I need to invest?
Best time is to complete your investment before filing.
Investment should be on a project or your own business.
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16-Do I have to live near my investment (State, City, etc.)?
If you operate your own business, you might end-up live nearby.
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17-How long do I have to stay in U.S. to get my passport?
Minimum 30 months out of 60 consecutive months. (Last date of your exit and entry should not be more than 12 consecutive months.)
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18-Can I purchase houses, cars etc.?
19-Can I have my own corporation?
20-What’s my tax obligation?
It’s based on your income. Please consult a Tax Attorney or a CPA (Certified Public Accountant)
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21-Are there any health care benefits?
An EB-5 green card is the same as any conditional two-year green card. You will be required to remove conditions on residence within 90 days of the two-year anniversary of when you are granted your conditional green card. It allows you to live and work anywhere in the United States. You may purchase medical insurance and obtain medical treatment like any other permanent resident.
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