Orlando EB-5 Visa Lawyer

The EB-5 visa provides an option for individuals to obtain U.S. permanent residency based upon their investment of capital in the U.S. economy. This program allows foreign investors to contribute a specified amount of capital to a qualifying U.S. business, creating jobs and facilitating economic growth.

Investment options available for applicants

There are two main investment options to apply for an EB-5 Immigrant Investor Visa:

• Direct Investment (Basic Program): This involves directly investing in and managing a new commercial enterprise. The minimum investment amount is higher in Targeted Employment Areas (TEAs) and lower in non-TEAs.
• Regional Center Program: The Regional Center Program allows investors to pool their capital to a USCIS-designated regional center project. Regional centers are entities approved by USCIS to promote economic growth in specific geographic areas. This option also allows for an investment amount that is higher in Targeted Employment Areas (TEAs) and lower in non-TEAs.

EB-5 Investor Visa Benefits

• Capital based permanent residency option for you and your family.
• Unrestricted living and working anywhere in the U.S., including tax-friendly states.
• Access to public education and lower-cost in-state tuition.
• No visa sponsor requirements or need for an H-1B work visa.
• "At-risk" investment in commercial enterprise can at times be secured by collateral owned by investment entity for downside protection.
• Potential for U.S. citizenship after five years of permanent residency.

How do I qualify for an EB-5 visa?

To qualify for the EB-5 visa, you must have invested, or be in the process of investing, a minimum of $1,050,000 in a U.S. company. Loans of capital by the investor to the enterprise do not count. It is possible to qualify to invest a reduced amount of $800,000 if your investment is located in what is known as a "targeted employment area".

The business you invest in must create, and maintain, at least 10 full-time jobs for U.S. workers within two years, and be a for-profit commercial business. That is, real estate investments and non-profit businesses do not qualify.

The EB-5 investor must also be involved in the day-to-day managerial operation of the enterprise, although passive management by minority investment partners in EB-5 regional centers is also authorized.

Is the EB-5 investment program limited to a specific industry?

No. You can invest in any business in any sector, as long as it meets the requirements of being a legal for-profit entity as set forth by the USCIS for a new commercial enterprise (NCE) or a distressed business.

What Types of Businesses Qualify for an EB-5 Investment?

Technically, any lawful business that has been created to engage in active commercial activity qualifies for this program, including:

• Sole proprietorships
• Limited and general partnerships
• Limited liability company (LLCs)
• Corporations
• Joint Ventures
• And more.

EB-5 Visa Application Process and Processing Times

The total processing time for the EB-5 visa varies from 4 to 8 years from the filing of the EB-5 application (Form I-526 or I-526E), resulting in the issuance of a 2 year conditional residency, to the approval of the Form I-829 (10-year permanent green card). However, investors from certain countries, such as China and India, have been affected by significant backlogs in the availability of visa numbers.

Usually, these are the 5 key points of the process:

• Funding and Investing in an EB-5 project: up to 3-6 months.
• Filing Form I-526 or I-526E: 6 to 24 months.
• Adjustment of Status in the US with Form I-485 OR Consular processing with Form DS-260: 6 to 24 months, depending on your location.
• Conditional Green Card: 2-4 years.
• Approval of Form I-829: 2-4 years.

Not sure if you qualify for an EB-5 visa? Contact our EB-5 Visa Attorneys today!

Applying for an EB-5 visa can be overwhelming, but having the support of an experienced team of attorneys can make a big difference. At Symphorien-Saavedra Law, we have extensive experience in these cases and are ready to help guide you through the process as quickly and accurately as possible. Our founder, immigration attorney Frank Symphorien-Saavedra, is certified as an expert in Immigration and Nationality Law by the Florida Bar, and has extensive experience with EB-5 visas.

Check our clients’ reviews and contact us at 407-802-1717 to schedule a consultation with one of our immigration attorneys and discuss your specific situation. You may also fill out the online form provided on this page and we will contact you promptly.