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Need Help With Your Investor Visa? We Seek to Pass Our Passion on and Advocate on Your Behalf

EB-5 Visa Attorney for Investors

Knowledgeable Houston Attorneys

The Modi Law Firm, PLLC represents clients in a variety of immigration legal issues. EB-5 visa classification can provide many benefits to foreign investors and improve the U.S. economy. Our Houston visa lawyers can analyze your situation and determine if you are eligible for an EB-5 visa.

Call us today at (832) 514-4030 for diligent representation. If you need guidance with applying, reach out to our Houston investor visa lawyers!

What You Need to Know About EB-5 Visas

What is an EB-5 Visa?

The U.S. Citizenship and Immigration Services created the EB-5 visa classification in 1990 to boost the U.S. economy. It focused on creating jobs and increasing capital investments by foreign investments.

How Do I Qualify for an EB-5 Visa?

In order to qualify for EB-5 visa classification, you must invest in a new commercial enterprise. This refers to enterprises established after November 29, 1990. It also includes enterprises purchased before November 29, 1990, that have been drastically changed, or that have been expanded by at least 40% regarding the number of employees and net worth.

What are Commercial Enterprises?

Commercial enterprises include:

  • Holding companies
  • Sole proprietorships
  • Joint ventures
  • Partnerships
  • Business trusts
  • Corporations
  • Other publicly or privately owned business entities

EB-5 visas are available to foreign investors who create jobs for at least 10 qualified, full-time employees. You must invest capital in U.S. commercial enterprises that create either direct or indirect jobs. Direct jobs establish an employer-employee relationship. On the other hand, indirect employment refers to jobs created by the new commercial enterprise but are held outside of it.

Qualifications for EB-5 Visas

In order to qualify for EB-5 visa status, you must invest a substantial amount of capital in U.S. commercial enterprises. Capital can include cash, property, equipment, inventory, and other assets. Furthermore, all capital must be valued at the fair-market price in United States currency, and you must prove that you are the owner of the capital.

In general, you must invest a minimum of $1 million in new U.S. commercial enterprises to be eligible for EB-5 visa classification. However, if you are investing in a targeted employment area, the minimum requirement is $500,000. A targeted employment area is a rural area or an area that has a high rate of unemployment (exceeding at least 150% of the national average).

Applying for EB-5 Visa Status

In order to apply for an EB-5 visa, you must file Form I-526, Immigrant Petition by Alien Entrepreneur. Then, you must file Form I-485, Application to Register Permanent Residence or Adjust Status, with the U.S. Citizenship and Immigration Services. However, you may need to file DS-260, Application for Immigrant Visa and Alien Registration, with the U.S. Department of State, depending on your situation. Once the forms are successfully filed, you and your family will be granted 2 years of conditional permanent residency in the United States.

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

Yes, you may continue to travel while your I-526 is pending, however, note that there is a possibility that you may be stopped at the airport and be questioned multiple times. If you will be traveling, it is best to familiarize yourself with what your visa allows you to do.

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

Do EB-5 Investors Get Their Money Back?

The investment returns depend on 2 things:

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

Knowing when exactly an investor may get their money back depends on the terms of the operating agreement. This should outline the timing of the liquidation of the new commercial enterprise (NCE).

Seek Experienced Representation with Our Services.

At The Modi Law Firm, PLLC, we passionately fight for our clients’ interests. If you are seeking an EB-5 visa classification, we can discuss your options and help you file the necessary paperwork. Our Houston investor visa attorneys have helped numerous clients obtain EB-5 visa status, and we can provide the legal assistance you need for your situation.

Contact our firm today to schedule a paid consultation. Our visa attorneys in Houston are ready to answer your questions.
We also offer Spanish-speaking services.

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  • Susham Modi Receives
    10.0 Superb
    Rating at Avvo

  • Susham Modi Receives
    Texas Super Lawyers
    Rising Star 2018
    By Thomson Reuters

  • Susham Modi
    Former Lawyer at
    Harvard University

  • Susham Modi Receives
    Best Lawyers of
    America 2017
    By BL Rankings