EB-5 Visa Lawyer in Atlanta, GA

How to Get a Green Card by Investing in the U.S.

If you’re looking for a way to gain permanent residency in the United States, employment-based immigration options might appeal to you. In particular, if you have the funds to make a substantial investment in this country, you may be eligible for the EB-5 visa. Also known as the immigrant investor visa, this immigration option allows foreign investors and their immediate family members to become permanent residents by investing in a U.S. business.

Like other visa programs, the EB-5 application process can be complicated, with several requirements that foreign nationals must meet to be eligible. This is why you should hire an experienced EB-5 visa lawyer who has helped countless clients complete the process. Sessoms Law Group, LLC, can guide you through the entire process from start to finish, so call our Atlanta immigration law firm to discuss your case.

What Is the EB-5 Visa Program?

The EB-5 visa is an employment-based immigration program that lets eligible applicants immigrate to the U.S. if they agree to invest a specific amount of money into new or existing American businesses. Congress created this visa program in 1990 to help with job creation, which is why the main requirement is that investors must create or preserve ten or more jobs for American citizens.

If your EB-5 visa application is approved, you’ll get conditional permanent residence for two years. Once you’ve met the requirements of the program, the conditions will be removed, and you and your immediate family members will gain lawful permanent residence in the U.S.

There are several advantages to obtaining an EB-5 visa. First, it doesn’t require an employer or family member to sponsor you, meaning you have more control over when you can come to the U.S. There are also no strict language or education requirements to meet. As long as you can afford to invest in a new commercial enterprise in the U.S., you can gain permanent residence for yourself, your spouse, and unmarried children under 21. If you want to find out if an EB-5 visa is right for you, call our immigration lawyers for guidance with your immigration journey.

What Are the EB-5 Visa Requirements?

Your ability to invest a significant amount of money in a U.S. business is the most important consideration to make before starting the EB-5 immigration process. The specific amount you must invest depends on the location of the business.

Regardless of where the commercial enterprise is located, your investment must create or save at least ten full-time jobs for U.S. citizens, permanent residents, or other authorized workers. This must be done within two years of getting conditional permanent residency.

As you decide where to invest your money for the EB-5 visa program, you can choose to create a brand new business or restructure or expand an existing one. After you make this choice, be prepared to prove that you obtained your funds legally and that you’re willing to place them at risk in the hopes of making a profit. Knowledgeable immigration lawyers can assist with these details, so call our Atlanta, GA immigration law firm for legal guidance before submitting your EB-5 visa application to U.S. Citizenship and Immigration Services (USCIS).

How Much Does an EB-5 Visa Cost?

You can invest in an existing or new business anywhere in the U.S. if you’re able to invest at least $1,050,000. The required investment is lowered to $800,000 if you invest in a business located in a Targeted Employment Area (TEA), which includes areas that are rural or have high unemployment. Beyond the investment itself, applicants should also budget for legal fees, administrative fees, and, in the case of regional center investments, fund management fees.

Regional Centers vs. Direct Investment: Which EB-5 Path Is Right for You?

As you consider the legal requirements of the EB-5 visa program, you should speak with an immigration attorney about how much control you want over the business you’re investing in. This is because you can choose between two investment options: regional center investments and direct investments.

If you want to be actively involved in managing the business you invest in, you should consider the direct investment option. This allows you to directly create ten jobs while being involved in the daily operations. You should be prepared to write a business plan and demonstrate the direct creation of the required jobs if you want to obtain a green card through direct investment in a new commercial enterprise.

On the other hand, if you want to get a green card without actively managing a U.S. business, investing in an EB-5 regional center may be the better choice. Regional centers invest in larger projects that have already been approved by USCIS. If you choose a regional center, you will send your funds to be pooled and invested in approved projects that you won’t have to help manage. This results in indirect job creation, allowing you to meet the requirements of the EB-5 program without actively being involved with or living near the business you’ve invested in.

Frequently Asked Questions About the EB-5 Visa

How much does an EB-5 visa cost?
The minimum investment is $800,000 in a Targeted Employment Area or $1,050,000 elsewhere, plus legal and administrative fees.

Can my spouse and children get green cards through my EB-5 investment?
Yes. Your spouse and any unmarried children under 21 can become permanent residents alongside you.

What’s the difference between an EB-5 regional center and a direct investment?
A direct investment means you actively manage the business and directly create the required ten jobs. A regional center pools your funds into a USCIS-approved project you don’t have to manage, and job creation is counted indirectly.

Do I need a job offer or a specific level of education to qualify?
No. The EB-5 visa doesn’t require employer or family sponsorship, and there are no strict language or education requirements. You must, however, prove your investment funds were obtained legally.

How long does the EB-5 process take?
Processing times vary based on your country of origin and current USCIS caseloads, and can take several years from initial petition to final approval. An immigration attorney can give you a more specific estimate based on your circumstances.

Comparing EB-5 Investment Options: Direct vs. Regional Center

If you need help choosing between a regional center program and direct investment, or want to know more about investing in Targeted Employment Areas, please contact Sessoms Law Group, LLC. Our trusted immigration attorneys have extensive experience with immigration law and can help you start your new life in the U.S. through the EB-5 program.

Depending on your immigration goals, it might turn out that family-based immigration or another option is a better fit for you than the EB-5 visa. In that case, we’ll guide you through the application process and answer any questions you have about immigration law. If you’re ready to learn more about the EB-5 program and other ways to get a green card, call our Atlanta immigration law firm at 678-853-7402 to speak to a trusted immigration attorney.

Reviewed by Kamala Sessoms, Sessoms Law Group, LLC