Skip to main content

How Can EB-5 Investors Remove the Temporary Visa Conditions and Live Permanently in the U.S.? Atlanta Immigration Attorney Insights

The EB-5 Fifth Preference visa is available to entrepreneurs who make qualifying investments in a U.S. commercial enterprise or regional center. As outlined by U.S. Citizenship and Immigration Services, there are several eligibility requirements that a foreign investor must meet to obtain an EB-5 visa.

Once a foreign national has been approved for the EB-5 visa, he or she can enter the United States as a Conditional Permanent Resident for two years. The investor’s derivative family members will also be allowed to enter the United States for that two-year period.

If the foreign national meets the job creation requirements and other requirements of the EB-5 visa program, then he or she can petition to remove the conditions of his or her visa. If USCIS approves this petition, the immigrant and his or her derivative family members will be able to live and work permanently in the United States.

If you would like to petition for an EB-5 visa or remove the conditions of your EB-5 visa, contact Kuck Immigration Partners. Charles Kuck is an employment visa lawyer in Atlanta who will answer your questions and explain the eligibility requirements.

Mr. Kuck will help you gather the necessary documentation to prove your eligibility and avoid mistakes that would delay your application or lead to a denial. Call 404-816-8611 today to schedule a consultation.

What Form Do I Submit to Remove the Conditions of My EB-5 Visa?

If you would like to remove the conditions of your EB-5 visa, you will have to submit Form I-829, Petition by Entrepreneur to Remove Conditions. You must submit this form within the 90-day period immediately before the two-year anniversary of your admission to the United States.

What Documentation Do I Need to Submit with Form I-829?

In order for USCIS to approve your request to remove the conditions of your EB-5 visa, you must submit documentation to prove that you have fulfilled the requirements of the EB-5 visa program. You will have to show that you made a qualifying investment in a new commercial enterprise or regional center.

Your employment visa lawyer will help you gather this evidence, which may include:

Copies of federal tax returns;
Copies of the business’ organizational documents;
Proof that you are in the process of investing or have invested the required amount of funds; and
Proof that your investment was sustained for the two-year period of conditional permanent residence. This evidence may include business invoices, bank statements, business licenses, contracts, financial statements, or copies of state or federal income tax returns or quarterly tax statements.

You must also provide evidence that you fulfilled the job creation or job preservation requirements of the EB-5 visa. If you created jobs, you can use the following documentation as evidence:

Tax documents;
Employee Forms I-9; and
Payroll records.

You can show the same documentation to prove that your investment preserved jobs in a troubled business. You must have preserved at least 10 jobs. If you invested in a regional center, you must show evidence that the investment was made in accordance with the center’s business plan.

If you have questions about the EB-5 visa program, turn to Kuck Immigration Partners for legal advice. Charles Kuck is the former National President of the American Immigration Lawyers Association (AILA) and the former President of the Alliance of Business Immigration Lawyers (ABIL). Call 404-816-8611 today to schedule a consultation with an immigration attorney in Atlanta.

Comments

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…

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…

LOS DERECHOS DE LOS EXTRANJEROS EN LOS ESTADOS UNIDOS

Todas las personas en los Estados Unidos, incluidos los extranjeros y aun los con ordenes de deportacion, tienen ciertos derechos básicos que deben ser respetados por los agentes de Inmigración y Aduanas (ICE). Estos derechos se derivan tanto de la Constitución de los Estados Unidos. y las leyes de Estados Unidos. Como extranjero, usted tiene los siguientes derechos:

SU DERECHO A DENEGAR LA ENTRADA A SU CASA
Usted tiene el derecho de negar la entrada a un agente de ICE a su casa sin una orden válida. Esta orden debe ser firmado por un juez. Usted puede negarse a abrir la puerta, o se puede cerrar la puerta después de descubrir que el agente no tiene una orden válida. Los agentes del ICE generalmente no vienen con una orden judicial. Estos agentes suelen venir a la casa de alguien con una orden final de deportación, muy temprano en la mañana. Si alguien está golpeando en su puerta a las 6:00 am, no le es requerido abrir la puerta. Mirar fuera de primera. Si es un agente del gobierno, ust…