EB-5 Visa Attorney for Investors

Knowledgeable Houston Attorneys

The Modi Law Firm, PLLC represents clients in a variety of immigration legal matters. EB-5 visa classification offers significant advantages for foreign investors seeking U.S. residency while also contributing to the growth of the local and national economy. Our EB-5 visa attorneys in Houston can thoroughly assess your circumstances and advise whether you meet the requirements for the EB-5 visa program.

Call us at (832) 514-4030 for diligent legal representation. If you need guidance with your application, reach out to our Houston investor visa lawyers! Our services are also available in Spanish and Gujurati.

What You Need to Know About EB-5 Visas

What Is an EB-5 Visa?

The U.S. Citizenship and Immigration Services established the EB-5 visa classification in 1990 to drive economic growth in the United States. It was designed to encourage job creation and increase capital investment by inviting foreign investors to participate in new or restructured U.S. enterprises.

How Do I Qualify for an EB-5 Visa?

To qualify for the EB-5 visa program, you must invest in a new commercial enterprise. This broadly refers to enterprises founded after November 29, 1990, or to existing businesses that have been substantially reorganized or expanded by at least 40% in employee count or net worth. An EB-5 visa attorney in Houston can determine whether your investment prospect fits these requirements under the law.

What Are Commercial Enterprises?

EB-5 visas are available to foreign investors who create jobs for at least 10 qualified full-time employees. Capital must be invested in U.S. commercial enterprises that create jobs, either directly or indirectly. Direct jobs result from a direct employer-employee relationship, while indirect jobs refer to employment created by the economic impact of the investment but located outside the actual enterprise. Our EB-5 visa lawyers in Houston offer legal counsel on how these definitions may apply in your unique investment situation.

Qualifications for EB-5 Visas

To qualify for EB-5 visa status, you must invest a substantial amount of capital—including cash, equipment, property, inventory, or similar assets—into a U.S. commercial enterprise. All capital must be valued at fair market rates in U.S. currency, and you must document ownership and the lawful means of obtaining that capital. Consulting a knowledgeable EB-5 visa attorney that businesses and families trust can help ensure proper documentation and compliance during this process.

The minimum investment is generally $1 million in a new U.S. commercial enterprise. However, for those investing in targeted employment areas (TEAs)—rural locations or high-unemployment zones exceeding 150% of the national average—the minimum is reduced to $500,000. A skilled EB-5 visa lawyer can help you determine if your investment qualifies for TEA status under current regulations.

Applying for EB-5 Visa Status

To apply for an EB-5 visa, you must first file Form I-526, Immigrant Petition by Alien Entrepreneur. Following this, you typically file Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services. Alternatively, depending on your location, you may need to submit DS-260, Application for Immigrant Visa and Alien Registration, through the U.S. Department of State. Once your forms are approved, you and your immediate family receive two years of conditional permanent residency in the United States. Our EB-5 visa attorneys in Houston will help you navigate this complex process at each step.

The Houston EB-5 Process: Timelines and Local Considerations

Navigating the visa process with an experienced EB-5 visa lawyer in Houston requires a keen understanding of both federal immigration requirements and the nuances of the Houston investment market. Applicants should note that processing times at the Texas Service Center or local USCIS field offices may differ, impacting case timelines. Houston is home to several regional centers approved by USCIS, presenting strategic opportunities—and complexities—when choosing an investment project. At The Modi Law Firm, PLLC, our EB-5 visa lawyers assist clients in preparing comprehensive documentation and in anticipating key checkpoints, minimizing procedural delays, and addressing considerations specific to Houston’s agencies and business environment.

Houston’s robust economy, fueled by sectors such as energy, healthcare, and technology, presents a variety of commercial investments suitable for EB-5 eligibility. Additionally, local ordinances and incentives provided by the City of Houston or Harris County can affect both investment structure and job creation objectives. Our team of EB-5 visa attorneys remains up to date on any shifts in local regulations, economic revitalization initiatives, and the practical aspects of working with area financial institutions, real estate leaders, and business authorities. This Houston-specific insight allows us to build a more effective, tailored legal strategy so you can invest and immigrate with greater clarity.

Risks and Safeguards for EB-5 Investors in Houston

Investing in an EB-5 project presents several risks, including project delays, changes in the economic landscape, or missing job creation milestones. For investors in Houston, thoroughly assessing the credentials of local regional centers and understanding Texas-specific investment laws is essential. The dynamic Houston market brings both opportunities and heightened competition, highlighting the importance of rigorous due diligence. At The Modi Law Firm, PLLC, every EB-5 case is examined in detail by our EB-5 visa lawyers, who work to identify and minimize potential risks. We guide clients through evaluating all project documentation, scrutinizing escrow arrangements, and considering exit strategies that address Houston-specific legal and financial considerations.

Transparency is vital in every EB-5 transaction, from investment agreements to the involvement of Houston-area regulators and financial institutions overseeing projects. Our firm's philosophy is to prioritize honest, proactive communication, providing answers to your EB-5 visa questions and advising on all compliance requirements. This approach empowers our Houston clients to make confident, well-informed decisions about their investments. An EB-5 visa attorney from our firm can conduct detailed background checks and contract analyses to help lower risks and enhance your investment experience.

Can I Keep Traveling While My I-526 Is Pending?

If you reside in Houston or the surrounding metro area and have a pending I-526 petition, it's essential to understand how travel may affect your immigration status. Many EB-5 investors frequently travel for business or family reasons while their petitions are under review. However, departing the United States during processing requires careful planning and a solid understanding of re-entry requirements. Consulting a reputable EB-5 visa lawyer ensures you have the necessary documents and are well-prepared for possible questioning by airport authorities—helping you avoid delays or complications with your EB-5 application.

You may continue to travel while your I-526 petition is pending; however, you might be stopped at the airport and questioned about your pending status. Understanding exactly what your visa permits during this period is crucial. If possible, seek advice from an EB-5 visa lawyer in Houston before making travel arrangements to reduce risks and ensure compliance.

If you have questions, consider reaching out to an EB-5 visa attorney in Houston.

Do EB-5 Investors Get Their Money Back?

EB-5 investment returns depend on two key factors:

• Repayment of the loan by the job-creating enterprise (JCE)
• Liquidation of the new commercial enterprise (NCE)

When investing in EB-5 projects, Houston applicants should understand the mechanisms for capital return and relevant timelines. Local regulations and unique project structures can impact when distributions occur. Projects in Houston’s designated targeted employment areas (TEAs), or those partnering with local EB-5 regional centers, may offer varied exit strategies and additional oversight from local agencies. Understanding how disbursements are managed in Houston’s leading sectors—such as energy, healthcare, and real estate—is vital for effective planning. Having an EB-5 visa attorney in Houston review all investment, distribution, and operating agreements ensures you understand contract terms related to repayment, supporting a clear expectation for when and how funds may be returned.

Knowing the precise timing and process for getting your investment returned depends on the operative agreement, which should define liquidation details for the new commercial enterprise (NCE). A lawyer familiar with Houston’s market conditions can help clarify these expectations for EB-5 visa investors.

Seek Experienced Representation with Our EB-5 Foreign Visa Services

At The Modi Law Firm, PLLC, our dedicated Texas EB-5 visa lawyers advocate for our clients’ interests with diligence and attention to detail. If you are seeking EB-5 visa classification, we can discuss your investment options and guide you through the entire application process. Our attorneys have assisted many clients in successfully navigating the EB-5 program. We strive to deliver personalized legal support tailored to your investment goals and immigration needs.