Do I need to hire an attorney to apply for EB5 status?
When it comes to EB5 Investors, even if USCIS allows filing of the I-526 without an attorney, it is not recommended due to the intricate nature of what must be submitted as evidence with the I-526. I cannot recommend filing an EB5 without an experienced attorney.
What are the EB5 minimum investment amounts?
$1,050,000 for standard investments or $800,000 for investment in a commercial enterprise principally doing business in a targeted employment area or in a regional center-associated infrastructure project.
Do I have to start my own business or purchase an existing business?
No! You can choose to invest in an approved regional center. I generally recommend this, as the requirements for an EB5 can be challenging to manage on your own over the course of a project. Additionally, investment in an approved regional center increases the likelihood of a successful application.
What is an EB5 Approved Regional Center? And, how can I find one?
An EB5 regional center is an economic unit, public or private, in the United States, involved with promoting economic growth qualified for EB5 investments. USCIS has an active list of approved EB5 Regional Centers you can access here.
Please keep in mind approval by USCIS is not an endorsement by USCIS of the activities the center conducts.
USCIS approval of a regional center does not guarantee compliance with U.S. Securities laws, and in no way minimizes or eliminates risk to you as an investor.
For an EB5 investment do I invest before or after applying?
The investment should be made before filing the I-526 Petition, while regulations allow for filing while in the process of investing, it is not the recommended path as it is important to provide a stronger case for your petition.
Will my country of citizenship impact my processing times?
No, processing times are impacted based on where you are born, not the countries you are a citizen of. USCIS will process your application based on when a Visa is available for you, which is dependent on your country of birth. There are 3 main areas they consider, China, India, and all others. China has the longest processing times.
Will I be able to bring my spouse and children with me on an EB5 Visa, and will they be able to work/attend school?
Spouse and Unmarried Children under age 21of EB5 investor may join investor in the U.S., they are eligible to become lawful permanent residents.
What if I am in a same-sex marriage, will I be able to bring my spouse as an EB5 derivative beneficiary?
Yes. Under the U.S. immigration laws, eligibility for a wide range of benefits depends on the meanings of the terms “marriage” or “spouse” and a same-sex marriage will be treated exactly the same as an opposite-sex marriage.
Is it very expensive to hire an attorney to represent me with my EB5 application?
Attorneys charge a wide range of fees for various levels of service. Julianne’s fee is in a range from $18,750.00 to $24,750.00 for full representation from start through removal of conditions for your green card depending on your individual circumstances and whether it is a direct or regional investment. There are 3 steps to the process and she bills per step but this is the overall cost range for all 3 steps.
If I hire an immigration attorney for my EB5 application does the attorney need to live in the state I plan to move to?
No! When it comes to immigration your attorney can be licensed by any U.S. State living anywhere, just be sure they are licensed and in good standing in the state of licensure.
How much is an EB5 Consultation with New York Licensed Immigration Attorney Julianne M. Kinsey?
A full telephone consultation is typically $150.00, if you hire Julianne for full representation this will be applied to reducing the total fee due for representation. You can also use the consultation if you have questions about your eligibility, potential issues, or anything N-400 related.
How do I schedule a consultation?
Please fill out and submit this contact form, and you will be redirected to a page with a link for scheduling and directions for payment.
