The Benefits of Hiring an Attorney to Process Your EB5 Application

In order to obtain an investment-based green card in the U.S., the foreign national must file an EB-5 application with U.S. Citizenship and Immigration Services (USCIS). USCIS reviews these applications very carefully and is very strict about making sure the application meets all of the immigration law requirements.

USCIS denies many EB-5 applications each year. While a foreign investor can always re-apply if USCIS denies the first application, doing so is very costly and time-consuming, and the investor has already lost several months during the USCIS review of the initial application.

What the EB 5 Attorney Does for the Investor

The EB-5 attorney assists the investor throughout the entire application process. The attorney reviews the investor’s financial documents to ensure that the attorney can prove to USCIS that the investment funds were obtained through lawful means (such as income savings or sale of real property). The attorney also reviews the commercial enterprise’s business documents to ensure that USCIS will agree that the investment will create the necessary 10 new employment positions.

Perhaps most importantly, the EB-5 attorney prepares and files the EB-5 application with USCIS. The main part of this application is the legal memorandum that explains the commercial enterprise’s business model, outlines how the investor lawfully obtained the funds, and explains how the funds will create the 10 new jobs within the required two-year period. This memorandum must be crafted very carefully because it needs to clearly explain to USCIS how the investor qualifies for the green card.

Simply put, a good EB-5 attorney will offer the investor peace of mind and reassurance that the investor’s EB-5 application is as strong and persuasive as possible. While no attorney can rightfully guarantee a positive outcome, a skilled attorney will be sure to maximize the applicant’s chances of receiving the USCIS’s approval.

The EB-5 method is very time-consuming and intricate. The papers that must be recorded need accurate information regarding the Regional Center, the funding, and how the investment will create the needed ten jobs. Also, there is a huge sum of money at stake with these petitions as well as the major benefit of gaining U.S. permanent resident status. With these stakes, hiring a competent EB-5 immigration attorney-at-law is justified, and an experienced specialist can help optimize an applicant’s chance for approval.