Skip to main content

3 Common Misconceptions about the EB-5 Visa – Atlanta Immigration Lawyer Insights

The United States Congress created the EB-5 Immigrant Investor Program in 1990 to stimulate economic growth by encouraging foreign investment. There are strict eligibility requirements that an immigrant entrepreneur must meet in order to obtain an EB-5 visa.

There is a myriad of misconceptions about the EB-5 visa program, and a small mistake could lead to a denial of your application by U.S. Citizenship and Immigration Services. Charles Kuck is an employment visa immigration attorney in Atlanta who can answer your questions about the EB-5 Immigrant Investor Program and determine if you meet the eligibility requirements.

Charles Kuck is the past National President of the American Immigration Lawyers Association (AILA) and the past President of the Alliance of Business Immigration Lawyers (ABIL). Call 404-816-8611 to schedule a consultation with Kuck Immigration Partners.

Let’s take a look at three common misconceptions about the EB-5 Immigrant Investor Program:

Misconception 1: “I received an EB-5 visa, which guarantees that I will become a lawful permanent resident.”

After you obtain an EB-5 visa, you will only have conditional permanent residency in the United States. However, you must fulfill all the requirements of the EB-5 Immigrant Investor Program in order to become a lawful permanent resident.

You will then have to submit a Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status. However, if USCIS denies your Form I-829, then you will not become a lawful permanent resident, and your family will face deportation.

Fortunately, there are several ways to fight a denial of Form I-829 in immigration court.  If you are in this situation, contact Kuck Immigration Partners as soon as possible.

Misconception 2: “The U.S. government does not perform background checks on EB-5 investors.”

The U.S. government performs comprehensive background checks an all EB-5 investors. Several government agencies, including the Department of State, the Department of Homeland Security, and USCIS, will investigate your background, the source of your investment capital, and the potential for your investment to fulfill the requirements of the EB-5 Immigration Investor Program.

Misconception 3: “I do not have $1 million USD, so I cannot qualify for an EB-5 visa.”

In order to obtain an EB-5 visa, you will have to meet the minimum capital investment requirement. Although the general requirement is a $1 million capital investment, a $500,000 investment may qualify if it is made in a Targeted Employment Area.

A Targeted Employment Area is either a rural area or a high unemployment area. A rural area is a region outside a metropolitan area as defined by the Office of Management and Budget, or outside the boundary of a town or city with a population of 20,000 or more according to the decennial census. A high unemployment area is a region that is experiencing an unemployment rate of at least 150 percent the national average rate.

If you have questions about the EB-5 visa program or if USCIS denied your Form I-829, contact Kuck Immigration Partners. Charles Kuck is an employment visa lawyer in Atlanta who will demystify U.S. immigration laws and compassionately represent your interests. Call 404-816-8611 today to schedule a consultation.


Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…
Si usted es inmigrante (incluso un ciudadano de los EE.UU.), aquí hay 9 cosas que usted debe saber.

¿Es usted un ciudadano estadounidense naturalizado, residente legal permanente, titular de una visa o inmigrante indocumentado? Le recomendamos que tome los siguientes pasos para protegerse de nuestra versión actual de América.
Las últimas semanas hemos recordado a los inmigrantes, incluso a los ciudadanos estadounidenses naturalizados, que no nacieron en los Estados Unidos. Nuestra oficina ha recibido innumerables llamadas telefónicas, mensajes de correo electrónico y mensajes de medios sociales de personas preocupadas por el futuro de su familia en los Estados Unidos.
La mayoría de gente quiere saber qué puede hacer ahora para protegerse de lo que promete ser una ola de actividad anti-inmigración por parte del gobierno federal. La orden ejecutiva de Trump sobre la aplicación de la ley interior tiene algunas disposiciones que deberían hacer temblar a la mayoría de los estadounidenses. …

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence.

The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their driver's licens…