EB-5 Visa

The EB-5 visa is a U.S. immigrant visa designed for foreign investors who make a qualifying investment in a U.S.-based business that creates or preserves jobs for American workers. This program was established in 1990 to stimulate the U.S. economy through capital investment and job creation.

Key Features of the EB-5 Visa

1. Direct Pathway to a Green Card: Investors and their immediate family members (spouse and unmarried children under 21) can become permanent residents.
2. Investment Requirements: Applicants must invest a minimum amount in a new commercial enterprise.
3. Job Creation: The investment must create or preserve at least 10 full-time jobs for U.S. workers.

Benefits of the EB-5 Visa

• No sponsorship requirement: Unlike other employment-based visas, the EB-5 program doesn’t require a U.S. employer to sponsor the applicant.
• Broad eligibility: Open to investors from any country.
• Permanent residency for family: Includes the investor, spouse, and children.

The EB-5 visa process is complex, involving significant financial investment, extensive documentation, and strict USCIS requirements. Having an experienced EB-5 visa lawyer is essential to successfully navigate the process and avoid costly mistakes.

How Kulen Law Supports EB-5 Investors

Comprehensive Case Assessment

At Kulen Law, we analyze your eligibility and investment plans to ensure compliance with EB-5 program requirements. This includes:

• Reviewing investment strategies and verifying that the proposed investment meets USCIS criteria.
• Ensuring a thorough analysis on lawful investment funds (investment source and the path) for a successful application.
• Confirming that the investment is in a qualifying Targeted Employment Area (TEA) to benefit from reduced minimum investment thresholds.

Assistance with EB-5 Documentation

The EB-5 visa requires detailed documentation to prove investment validity and job creation potential. We assist with:

• Filing Form I-526 (Immigrant Petition by Standalone Investor).
• Preparing business plans and economic impact analyses.
• Gathering evidence of lawful investment funds.

Example:
An investor planned to invest in a regional center project. With Kulen Law’s guidance, their documentation package was approved, and the I-526 petition was processed without issues.

An investor planned to invest in a regional center project. With Kulen Law’s expert guidance, we ensured that their documentation, including the verification of the lawful source of investment funds, was complete and accurate. As a result, their I-526 petition was processed smoothly and approved without issues.

Legal Guidance Throughout the Process

From filing petitions to managing RFEs (Requests for Evidence), we provide expert legal support at every stage. This includes:

• Advising on the EB-5 visa process timeline.
• Monitoring job creation requirements to ensure compliance.
• Assisting with Form I-829 to remove conditions on residency.

Why Choose Kulen Law as Your EB-5 Visa Lawyer?

1. Extensive Experience: With more than 20??? years of experience in immigration law, Kulen Law has successfully guided numerous investors through the EB-5 process.
2. Personalized Approach: We tailor our legal strategy to your unique circumstances and investment plans.
3. Proven Success Rate: Our deep understanding of USCIS requirements minimizes the risk of denials or delays.

Benefits of Hiring an EB-5 Visa Lawyer

1. Avoid Errors: A single mistake in the application can result in delays or denial. An EB-5 visa lawyer ensures accuracy.
2. Comprehensive Guidance: From selecting a project to meeting job creation requirements, your lawyer handles the complexities.
3. Streamlined Process: Experienced lawyers know how to expedite the process and address potential hurdles.

The EB-5 visa program has specific requirements for both the investment and the investor. Meeting these criteria is critical for the success of the application. At Kulen Law, we provide expert guidance to ensure compliance with USCIS standards.

EB-5 Visa Requirements

1. Investment Amount

The minimum investment required for the EB-5 visa depends on the location of the investment:

• Targeted Employment Area (TEA): $800,000
• Non-TEA Areas: $1,050,000

Targeted Employment Areas are rural regions or areas with high unemployment, incentivizing investors to contribute to economically disadvantaged communities.

2. Job Creation

The investment must create or preserve at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the U.S. as a conditional permanent resident.

• Direct Jobs: Jobs created within the enterprise directly employing U.S. workers.
• Indirect Jobs: Jobs created as a result of the investment’s economic impact, often applicable to regional center projects.(Indirect Jobs can only be counted in regional center EB-5 applications, not for direct investment EB-5 applications.)

3. Lawful Source of Funds

Investors must prove that the investment capital comes from a lawful source. This is a very important part of the application and there must be a thorough analysis of the funds to be used in EB-5 investment. Evidence can include:

• Tax returns.
• Business profits or asset sales.
• Inheritance or gifts (with documentation tracing the origin).

4. Active Involvement

Investors must play an active role in the business, either through day-to-day operations or policymaking activities. Regional centers often satisfy this requirement with limited managerial involvement.

EB-5 Visa Investment Options

Direct Investment

• The investor directly creates and manages the enterprise.
• Suitable for those with entrepreneurial experience and a willingness to actively manage the business.

Regional Center Investment

• Investments made through USCIS-approved regional centers, which oversee job creation and project management.
• Allows investors to meet job creation requirements through indirect employment.

Example: An investor committed $1,050,000 to establish a multi-store retail business in the U.S. With Kulen Law's assistance, we ensured all documentation was in order, including a thorough analysis of the lawful source of investment funds and job creation projections, leading to a seamless I-526 approval.

EB-5 Visa Minimum Investment

To qualify for the EB-5 visa, the minimum investment amount is:

• $800,000 for regional center investments in TEAs.
• $1,050,000 for all direct investments and for regional center investments outside of TEAs.

At Kulen Law, we help investors determine the appropriate investment amount and identify qualifying projects that meet USCIS standards.

Applying for an EB-5 visa involves several steps, each requiring meticulous preparation and adherence to USCIS guidelines. At Kulen Law, we guide investors through every stage, ensuring a seamless process.

EB-5 Visa Process

Step 1: File Form I-526 (Immigrant Petition by Standalone Investor)

The first step in the EB-5 visa process is filing Form I-526, which establishes the investor’s eligibility. This includes:

• Evidence of the lawful source of investment funds.
• Documentation of the investment amount.
• Proof of job creation through business plans and economic impact analyses.

Step 2: Approval of Form I-526

Once Form I-526 is approved, the investor can proceed with:

1. Adjustment of Status (Form I-485) if already in the U.S. Applicants can file the I-485 application concurrently with the Form I-526.
2. Consular Processing for those applying outside the U.S., involving an interview at a U.S. embassy or consulate.

Step 3: Conditional Green Card

Upon approval of Form I-485 or consular processing, the investor and their family receive a conditional Green Card valid for two years. During this time, the investor must meet job creation requirements.

Step 4: File Form I-829 (Petition to Remove Conditions)

To obtain a permanent Green Card, investors must file Form I-829 within 90 days before the conditional Green Card expires. This petition must prove that:

• The investment remains active.
• The job creation requirements have been fulfilled.

Example:
An investor worked with Kulen Law to ensure their Form I-829 included comprehensive evidence of job creation, resulting in the successful removal of conditions and a permanent Green Card.

EB-5 Visa Processing Time

Processing times for the EB-5 visa vary depending on USCIS backlogs and the complexity of the application:

1. Form I-526: Typically takes 8-48 months. 
2. Adjustment of Status or Consular Processing: 6–12 months.
3. Form I-829: 18–24 months to process.

‍Why Timing Matters

Given the potential backlogs, starting the process early is crucial. At Kulen Law, we monitor processing timelines and provide proactive updates to ensure your case progresses efficiently.

The EB-5 visa process involves various costs, from the investment itself to USCIS filing fees and professional services. Having experienced legal assistance ensures that your investment is protected, and your application meets all regulatory requirements.

EB-5 Visa Cost Breakdown

1. Investment Amount

• $800,000 for regional center investments in TEAs.
• $1,050,000 for all direct investments and for regional center investments outside of TEAs.

This amount must be irrevocably committed to a qualifying U.S. business and demonstrated through proper documentation.

2. USCIS Filing Fees

• Form I-526 (Immigrant Petition): $3,675 $11,160
• Form I-485 (Adjustment of Status): $1,225 per applicant, including biometrics.Under 14 $950, and over 14 $1,440
• Form I-829 (Petition to Remove Conditions): $3,835 $9,525

*USCIS filing fees are determined by the U.S. Citizenship and Immigration Services and may change periodically. You can find the most up-to-date fee schedule directly on their website: https://www.uscis.gov/forms/filing-fees

3. Additional Costs

• Business Plan Development: $3,000–$10,000 (if required).
• Economic Impact Analysis: Costs vary depending on the project.
• Translation or Certification of Documents: Fees vary.
• Travel for Consular Processing: Applicable if applying outside the U.S.

Why You Need an EB-5 Visa Lawyer

Navigating the EB-5 visa process without expert legal support can be risky. At Kulen Law, we ensure your application is accurate, complete, and prepared to meet USCIS standards.

How Kulen Law Adds Value:

1. Investment Verification: We assess your investment plans to confirm they meet program requirements.
2. Lawful Fund Sources Analysis: We make sure your investment funds will satisfy stringent USCIS requirements. 
3. Comprehensive Documentation: Our team prepares, reviews, and submits all necessary forms and evidence.
4. Problem Resolution: If USCIS issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), we provide timely and effective responses.
5. Consular Interview Preparation: For those undergoing consular processing, we ensure you’re fully prepared for your visa interview.

Legal Fees for EB-5 Visa Assistance

At Kulen Law, we offer transparent and competitive pricing for EB-5 visa services:

• Initial Consultation: Includes a detailed review of your investment plans and eligibility.
• Form I-526 Filing: Comprehensive preparation and filing of your immigrant visa petition.
• Form I-485 Filing: Comprehensive preparation and filing of your Green Card application.
• Form I-829 Filing: Assistance with removing conditions on your Green Card.

Benefits of Hiring Kulen Law

1. Expertise in EB-5 Cases: With extensive experience, we’ve successfully handled complex regional center and direct investment EB-5 applications for investors worldwide.
2. Tailored Support: Every client receives personalized attention and a strategy aligned with their goals.
3. Nationwide and Global Reach: Based in NYC, we serve clients across the U.S. and internationally.

Understanding the costs associated with the EB-5 visa and having reliable legal support are critical to navigating this complex process successfully. At Kulen Law, we ensure transparency and provide expert guidance tailored to your needs.

EB-5 Visa Costs

1. Investment Costs

• Minimum Investment Amount:
  
  • $800,000 for regional center investments in TEAs.
  • $1,050,000 for all direct investments and for regional center investments outside of TEAs.

This investment must be fully committed to a qualifying business or project.

2. USCIS Filing Fees

1. Form I-526: $3,675
2. Adjustment of Status (Form I-485) or Consular Processing Fees:
   
   • Form I-485 filing fee: $1,140 (plus $85 biometrics fee).
   • DS-260 fee for consular processing: $325 per applicant.
3. Form I-829: $3,750

3. Additional Costs

• Administrative Fees: Regional center projects often charge additional fees, typically ranging from $50,000 to $70,000.
• Legal Fees: Professional legal support is essential to ensure a strong application.

Why You Need an EB-5 Visa Lawyer

The EB-5 process involves strict compliance with USCIS requirements, and even minor errors can result in costly delays or denials. Kulen Law provides:

1. Expert Case Preparation
   
   • Comprehensive analysis of investment eligibility.
   • Assistance with sourcing documentation and filing petitions.
2. Guidance on Investment Options
   
   • Ensuring the selected project meets EB-5 requirements, including job creation and lawful source of funds.
3. Proactive Management of RFEs
   
   • Responding effectively to USCIS Requests for Evidence (RFEs) to avoid unnecessary delays.

Legal Fees for EB-5 Visa Assistance

Flat-Fee Structure

At Kulen Law, we offer transparent, flat-fee pricing for EB-5 services:

1. Form I-526 Filing: Comprehensive support for $15,000–$20,000.
2. Adjustment of Status or Consular Processing: $2,000–$5,000.
3. Form I-829 (Removing Conditions): $7,500–$10,000.

Example:
An investor partnered with Kulen Law to navigate the EB-5 process. Our flat-fee structure provided clarity, and our expertise ensured the successful approval of all petitions.

H3: Benefits of Hiring Kulen Law for EB-5 Visa Applications

1. Personalized Attention: We tailor our services to align with your unique circumstances and investment goals.
2. Proven Track Record: With years of experience, we’ve successfully guided clients through complex EB-5 applications.
3. End-to-End Support: From selecting investments to filing Form I-829, we’re with you at every step.