Investment-Based Green Card Lawyer

Investment-Based Green Card Lawyer

If you’re looking to obtain a green card through significant capital investment in the United States, working with an investment-based green card lawyer at ARM Lawyers can help ensure a smoother process. Our experienced immigration attorney, Lauren Allu, offers personalized guidance on the EB-5 Immigrant Investor Program and other investment-related immigration matters, helping you achieve lawful permanent residency.

Understanding Investment-Based Green Cards

An investment-based green card provides a path to permanent residency for foreign investors who meet strict capital and job creation requirements. The primary route for this type of green card is the EB-5 Immigrant Investor Program, which encourages foreign investment in the U.S. economy to promote job growth.

Key Benefits to the EB-5 Immigrant Investor Program:

• Direct Path to Permanent Residence: Allows eligible investors (and their spouses and unmarried children under 21) to secure green cards.
• No Sponsor Required: Unlike family- or employment-based green cards, EB-5 investors can self-petition.
• Flexible Location & Opportunities: Once granted, you can live and work anywhere in the U.S.

Our investment-based green card lawyer will review your financial background, guide you through the EB-5 requirements, and ensure you meet all legal obligations.

EB-5: The Immigrant Investor Program

The EB-5 Immigrant Investor Program was created to stimulate the U.S. economy through capital investment and job creation by foreign investors.

Two Main EB-5 Investment Types

1. Direct EB-5 Investment:
   • Invest in a new or existing commercial enterprise.
   • Directly create or preserve at least 10 full-time jobs for U.S. workers.
2. Regional Center EB-5 Investment:
   • Invest through a USCIS-approved regional center.
   • Job creation requirements are met through direct, indirect, or induced employment.
   • Typically offers a more passive role in day-to-day business operations.

EB-5 Investment Requirements

To qualify for an EB-5 investment-based green card, you must:

1. Invest the Required Capital Amount:
   • $1,050,000 is the standard minimum investment.
   • $800,000 if the investment is in a Targeted Employment Area (TEA)—an area with high unemployment or a rural region.
2. Create or Preserve 10 Full-Time Jobs:
   • Job creation can be direct (hiring employees) or indirect (through a regional center’s economic activity).
3. Prove the Source of Funds:
   • Demonstrate that the capital was lawfully obtained.
   • Provide documentation such as tax returns, business records, and bank statements.
4. Establish a New Commercial Enterprise (If Direct Investment):
   • Must be a for-profit venture established after November 29, 1990, or restructured/expanded to qualify as a new commercial enterprise.

Our attorney will help you navigate these requirements, gather necessary documentation, and ensure your investment meets USCIS standards.

USCIS Forms for Investment-Based Green Cards

Securing an investment-based green card involves filing several key forms with U.S. Citizenship and Immigration Services (USCIS), each serving a distinct purpose:

• Form I-526 (Immigrant Petition by Alien Investor):
  • Establishes your eligibility under the EB-5 program by documenting the investment amount, source of funds, and job creation plan.
• Form I-485 (Application to Register Permanent Residence or Adjust Status):
  • Used when you are in the U.S. and wish to adjust status to permanent resident after your I-526 is approved and a visa number is available.
• Form DS-260 (Immigrant Visa Application):
  • Submitted to the National Visa Center if you’re applying from abroad (consular processing).
  • Takes place after the I-526 approval and when your priority date is current.
• Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status):
  • Filed within the 90 days before the second anniversary of your conditional green card.
  • Proves you have met the job creation and capital investment requirements to obtain a 10-year green card.

Attorney Allu will ensure each form is meticulously prepared and filed, minimizing delays and potential errors.

Investment-Based Green Card Priority Dates

Priority dates can also play a role in the EB-5 category if demand exceeds the annual visa allocation or if there are backlogs for certain countries, such as China or Vietnam.

Key Points:

• Priority Date: Assigned when you file Form I-526.
• Visa Bulletin: The Department of State publishes monthly cutoff dates indicating which priority dates are eligible for final green card processing.
• Backlogs & Retrogression: High-demand countries may experience delays in visa availability, affecting how soon you can adjust status or complete consular processing.

Our investment-based green card lawyer can help you interpret the Visa Bulletin and advise on strategies if backlogs or retrogression impact your timeline.

Investment-Based Green Card Process

While the EB-5 process involves multiple steps, a general overview includes:

1. Identify & Secure Your Investment:
   • Choose between a direct investment or a regional center project.
   • Conduct due diligence to ensure the project meets EB-5 criteria.
2. File Form I-526:
   • Submit documentation proving you have invested or are actively in the process of investing the required capital.
   • Include evidence of lawful source of funds and job creation plans.
3. Waiting for I-526 Approval & Visa Availability:
   • USCIS reviews your I-526 petition.
   • If there’s a backlog for your country, you’ll wait until your priority date is current.
4. Consular Processing or Adjustment of Status:
   • Consular Processing: Apply for an immigrant visa (DS-260) at a U.S. embassy or consulate if you’re outside the U.S.
   • Adjustment of Status (Form I-485): If you’re legally present in the U.S., you can adjust status without leaving the country.
5. Conditional Green Card Issuance:
   • Once approved, you receive a conditional green card valid for two years.
6. File Form I-829 to Remove Conditions:
   • Within 90 days before the 2-year mark, file Form I-829 to prove that investment and job creation requirements have been met.
7. Permanent Green Card Approval:
   • Upon approval of Form I-829, you obtain a 10-year green card.

ARM Lawyers provides end-to-end support through each stage, ensuring you meet all requirements and deadlines.

Investment-Based Green Card Processing Time

EB-5 processing times can vary significantly due to several factors:

• USCIS Workloads: Different service centers may experience varying backlogs.
• Country of Origin: Applicants from countries with higher demand may face longer waits.
• Project Complexity: Thorough documentation of job creation and source of funds can either expedite or slow the process.
• Case Volume: Overall EB-5 case volume affects adjudication timelines.

Our lawyer will help you understand the current investment-based green card processing time and advise on steps to minimize delays.

Investment-Based Green Card Wait Time

Wait times for the EB-5 program depend largely on visa availability and priority dates:

• Annual Quotas: The EB-5 category is subject to an annual cap on visas.
• Per-Country Limits: Applicants from high-volume countries may encounter backlogs.
• Congressional Changes: Occasional changes to investment amounts or program criteria can also influence processing times.

Your investment-based green card lawyer will keep you updated on any shifts in policy, program changes, or backlogs that may impact your timeline.

Why Choose ARM Lawyers as Your Investment-Based Green Card Lawyer

When you partner with ARM Lawyers:

• Investment Expertise: We have a thorough understanding of EB-5 regulations and project requirements.
• Customized Strategy: Every investment and personal situation is unique—we tailor a strategic approach to help you succeed.
• Full-Service Support: From vetting investment projects to removing conditions, we handle all stages of your EB-5 journey.

Contact Our Investment-Based Green Card Lawyer Today

If you’re ready to explore investment-based green cards or need guidance on any aspect of the EB-5 process, contact ARM Lawyers for a consultation. We’ll assess your investment plans, explain your options, and ensure that you’re set up for success from day one.