How to make investment and file EB-5 Petition

EB-5 is a very popular and important usa investment visa. Following the selection of an investment, the applicant’s immigration counsel will file your EB-5 petition (also known as a Form I-526) with USCIS. The I-526 petition establishes that the applicant has invested the needed capital, or is in the process of doing so, and that they meet the EB-5 program’s standards.

To file your I-526 petition, we recommend that you interview and employ an experienced EB-5 immigration lawyer with whom you feel comfortable.

Requirements of your I-526 filing

EB-5 investors must be able to demonstrate that their invested capital was obtained legally, which necessitates a legal source and channel of funds.

The business plan must be credible in the eyes of USCIS and comply with all «Matter of Ho» standards, as confirmed by your lawyer.

Invested monies must go into a New Commercial Enterprise and be used for job-creation expenses, with the project requiring the development of 10 new full-time American jobs.

The capital of the investor must be put «at-risk» until the end of conditional permanent residency, with the possibility of profit and the danger of loss — with no guarantees of capital return.

An investment must meet Targeted Employment Area conditions at the time of the investment to qualify for the reduced investment level of $500,000.

Do I get my investment back after denial of I-526 Petition?

The New Commercial Enterprise (NCE) may give investors an I-526 denial return assurance, with the details of the refund included in the selling documentation. However, not all assurances are made equal. It’s crucial to figure out who’s providing the guarantee and whether or not the guarantor has the financial wherewithal to follow through on the return pledge, especially if the project is rejected and all investors anticipate a complete refund. People living in Houstan can look up for this, abogados en houston

Some NCEs will set aside 10-20% of all investor monies in an escrow account to return a refused investor, although this guarantee can only satisfy a percentage of the NCE’s investors by definition.

I-526 Processing Times

Although COVID-19 has slowed processing timelines, an I-526 petition can usually be adjudicated in one and a half to two years, and an expedition petition in around six months. Experts believe that with a more immigration-friendly Biden Administration and Alejandro Mayorkas as Secretary of Homeland Security, future processing efficiency will improve. If you’re looking for the best immigration lawyers in houston tx, in Texas, look no further.