Investment-Based Green Card: The EB-5 Investor Visa Program

The EB-5 Investor Visa Program provides foreign nationals with the opportunity to invest in the U.S. economy and secure lawful permanent residency for themselves and their families. At The Ahluwalia Firm, our experienced investment-based green card attorneys in San Jose, Pleasanton, and beyond the Bay Area specialize in guiding clients through this complex yet rewarding process.

If you are seeking a pathway to permanent residency through investment, here are the key points of the EB-5 visa program:

Investment Amounts:

• Standard Investment: $1,050,000 million into a new or existing U.S. business.
• Reduced Investment: $800,000 in a Targeted Employment Area (TEA), which is either a rural area or an area with high unemployment.

Job Creation Requirements:

To qualify for the EB-5 investor visa, the investment must:

• Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years.
• For existing businesses, the investment must lead to a 140% increase in the number of employees or net worth, or retain all existing jobs in a troubled business that has lost 20% of its net worth in the past 12–24 months.

Geographical Focus:

Investments can be made anywhere in the U.S., but reduced investments apply to TEAs. These are designated as rural areas or areas with unemployment rates at least 150% of the national average. States, such as California, have designated agencies like the California Governor’s Office of Business and Economic Development to certify these areas.

Conditional Permanent Residency:

Upon approval of the EB-5 visa, the investor, along with their spouse and unmarried children under 21, is granted conditional permanent residency for two years. To remove these conditions, the investor must demonstrate that:

• The investment has been made.
• The required jobs were created or will be created within a reasonable timeframe.

Permanent Residency:

After fulfilling the EB-5 program requirements and successfully removing conditions, the investor and their family can become permanent residents with no further restrictions.

Including Family Members:

The EB-5 visa allows the investor’s spouse and unmarried children under 21 years of age to be included in the petition, allowing the whole family to benefit from the investment-based green card process.

Annual Visa Cap:

Approximately 9,500 visas are available each fiscal year for the EB-5 visa program, making it crucial to ensure that your application is completed accurately and efficiently.

Consular Processing vs. Adjustment of Status:

• Consular Processing: Investors living outside the U.S. typically apply through consular processing.
• Adjustment of Status: Investors already residing in the U.S. on a valid visa can adjust their status to become a conditional permanent resident without needing to leave the country.

The Importance of Legal Representation:

Given the complexity and rigorous requirements of the EB-5 visa program, it is essential to work with a skilled investment-based green card attorney. At The Ahluwalia Firm, we have successfully represented numerous investors, ensuring that all documentation is correctly filed, and providing strategic guidance throughout the entire process. Mistakes or oversights can result in costly delays or denial of your application, so it is vital to get accurate and timely legal advice.

Why Choose The Ahluwalia Firm?

With extensive experience in investment-based immigration, our attorneys are dedicated to helping clients navigate the intricate requirements of the EB-5 visa program. Whether you’re investing in a Targeted Employment Area (TEA) or considering a standard investment, we provide tailored legal assistance that meets the unique needs of each investor.

Contact The Ahluwalia Firm today for expert guidance on how to proceed with your EB-5 investment visa and secure your family’s future in the United States.