If you’re interested in an EB-5 visa, you might think it’s as easy as investing in a targeted employment area (TEA), and voilà, you can apply for a visa without much difficulty. However, it’s a much more complex, involved process that having an EB-5 immigration
lawyer by your side from start to finish will ease the burden tremendously.
In this article, we’re going to talk about the complexities and milestones you’ll encounter when pursuing an EB-5 visa and why you shouldn’t hire the cheapest attorney out there to save a few dollars.
1. Choosing a qualifying EB-5 project.
Not all investments are fast tickets to obtaining your EB-5 visa – there are stipulations to observe. Of course, you also want to make sure you get a return on investment and invest in a profitable, worthwhile project.
For starters, your investment must result in the creation of 10 full-time jobs, at a minimum. If you invest in a Regional Center Program, this allows for indirect and induced job creation to count, while direct investments for the permanent EB-5 must directly create jobs.
So what is indirect and induced employment? Induced employment is when your investment stimulates economic growth in the TEA. For instance, if you invest in a hotel and a local catering service opens up because of the hotel, the two businesses can count as induced employment.
One reason to hire a reasonable attorney for this process is to receive advice on the legal landscape of the TEA and how different businesses operate there. A qualified, expert attorney can help you decide on the best EB-5 direct investment projects to invest in, like those seen on this page, or help you navigate the potential of a local Regional Center Program.
Suppose your goal is to obtain an EB-5 visa as quickly as possible. In that case, it’s worth noting that investments deemed to be in the national interest, such as critical infrastructure and research and development, generally receive expedited processing.
2. Inadmissibility hurdles in the EB-5 program.
While the EB-5 program is often called a “golden visa” by critics of the program, who believe it allows rich people to buy their way into the United States, admission is still reasonably regulated. Several things can potentially disqualify you from getting an EB-5 visa. These include:
Having a criminal record: If you have a criminal record that includes CIMTs (crimes involving moral turpitude), you may not be able to get an EB-5 visa. There is no strict set of criteria that defines CIMTs, but generally, they can be crimes that involve:
- Fraud
- Domestic abuse
- Robbery
- Bigamy
- DUIs
- Drug possession
This isn’t an exhaustive list, but it is a good starting point for understanding what constitutes a CIMT. These types of crimes can significantly impact your ability to be admitted and can ultimately disqualify you. Even under pro-immigration President Biden, who sought to fast-track many immigration policies, you can expect the USCIS to do a thorough background check.
It’s worth noting that special waivers may be available to someone with a record of a lesser crime, known as a discretionary waiver of inadmissibility. However, it must be established that the crime happened 15 years before the application for EB-5 status and that the individual does not pose a threat to national security, economic stability, or public health.
Having a vital attorney is beneficial if you have any kind of rap sheet in your country of origin.
3. Having all of the necessary paperwork.
Again, the EB-5 program is not simply a 1-time payment made to a U.S. business, and then you’re granted the visa. It requires vast amounts of paperwork and records establishing proof of your investments, their economic impact on the region, your credit standing, and many other financial records.
This can take months of back and forth with various government offices and swathes of bureaucratic tape. Having an attorney who can go to bat for you here is invaluable. You want an attorney with a reputation for crossing their T’s and dotting their I’s and won’t leave even the smallest detail un-attended.
