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Who Needs PERM? - Shankar and Associates, PC
WHO NEEDS PERM?
Many employment-based petitions, such as visa applications for professionals with advanced degrees or exceptional abilities (i.e. EB-2, excluding National Interest Waivers) and visa applications for professionals with a bachelor's degree, skilled workers, and unskilled workers, require PERM labor certification (i.e. EB-3).
Labor Certification is Required for Certain Immigration Categories
If you are eligible for one of the following visas, you must first receive an authorized work certification before proceeding with your immigration process.
EB-2: Employment-based immigration petitions with a second preference, omitting NIW.
EB-3 petitions are for third-preference, employment-based immigration.
NO LABOR CERTIFICATION IS REQUIRED FOR THESE IMMIGRATION CATEGORIES
If you are eligible for one of the following visas, your immigration process is not contingent on obtaining a labor certification.
EB-1: immigration petitions for Aliens with Extraordinary Abilities, Outstanding Researchers or Professors, and Intracompany Managers or Executives.
NIW: National Interest Waivers EB-4: Special Immigrant Petition, including Religious Workers
EB-5 visas are for international entrepreneurs and investors.
Applications for immigration to the United States for Schedule A Occupations
Certain occupations are recognized by the United States Department of Labor (DOL) as having an insufficient pool of American employees to fill open vacancies. Schedule A designates these jobs as "pre-certified," meaning they are exempt from the labor certification process. Regardless of pre-certification, the Department of Homeland Security (DHS) requires employers to submit ETA Form 9089 for these vocations.
Schedule A is an example of a schedule. There are two types of occupations:
Physical therapists and professional nurses are in Group 1.
Group 2 consists of scientists, artists, and performers.
Overall, PERM labor certification is a time-consuming and complicated process. We urge that you seek the advice of an expert immigration lawyer.
Contact Us For Free Consultation 📞 : 212-461-1467, 800-461-1467 📧 : [email protected] [email protected] [email protected]
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#EB1 Immigration lawyer long island#Nassau Immigration Lawyer#Eb5 immigration lawyer#Employment Immigration
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EB-5 INVESTOR VISA - UNITED STATES
EB-5 Investor Visa - United States
Capital Investment Requirements – EB-5 Visa The required Minimum Investments are: Targeted Employment Area – (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is currently $800,000 USD. Since 15 March 2022, the minimum investment in a Targeted Employment Area is $800,000 USD Non-Designated Targeted…
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Best EB1 Attorneys, EB2 NIW Lawyers, EB5 Green Card Lawyer in Ca
When it comes to immigration matters, choosing the Best Immigration Attorney can have a profound impact on the outcome of your case. At GreenCardLink.com, our dedicated team of immigration attorneys specializes in EB1, EB2 NIW (National Interest Waiver), EB5 Green Card, I-140, and Real Estate Investment Green Card Visa cases. Discover why we are the top choice for individuals seeking immigration assistance.
Why Choose GreenCardLink.com for the Best Immigration Lawyers
Navigating the complexities of immigration law requires expertise, experience, and a commitment to success. Here's why GreenCardLink stands out as the best choice for immigration lawyers:
Our attorneys are experts in immigration law, focusing on EB1, EB2 NIW, EB5 Green Card, I-140, Best Immigration Lawyers and Real Estate Investment Green Card Visa cases. We possess in-depth knowledge of the unique requirements and challenges in these categories. We have a history of helping clients achieve their immigration goals, obtaining green cards and permanent residency for numerous individuals. Our success stories speak to our dedication to our clients' success.
Our Areas of Expertise
At GreenCardLink.com, we specialize in several key immigration categories:
EB1 Visa: Designed for individuals with extraordinary abilities in their field, the EB1 visa offers a pathway to permanent residency without the need for labor certification or a job offer.
EB2 NIW (National Interest Waiver): This category is for individuals whose work is deemed to be in the national interest of the United States, allowing them to bypass the labor certification process.
EB5 Green Card: The EB5 program allows investors to obtain a green card by investing in a U.S. commercial enterprise and creating jobs.
I-140 Petition: The I-140 is a crucial step in employment-based immigration, and we provide comprehensive assistance in preparing and filing this petition.
Choose GreenCardLink.com for the Best Immigration Lawyers
When you choose GreenCardLink as your immigration partner, you're choosing a team of dedicated professionals committed to securing your future in the United States. With the best immigration lawyers by your side, you can confidently navigate the immigration process.
Visit our website at https://www.greencardlink.com/ to learn more about our services and how we can assist you in achieving your green card and permanent residency goals. Your journey to success begins here, with GreenCardLink.com as your trusted partner.
Address : 260 Sheridan Avenue, Suite 200 Palo Alto, CA 94306 Email : [email protected] Phone : 650-391-9630
#Eb5 Green Card Lawyer#Alien Of Extraordinary Ability#Best Eb1 Immigration Lawyer#Best Immigration Attorney#Best Immigration Attorney In California#Best Immigration Lawyers#Palo Alto Immigration Lawyers#California Green Card Lawyer#Eb 1 Lawyer#Eb 1a Requirements#Eb 1c
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EB5 Immigration Lawyer: Your Guide to Securing a U.S. Green Card Through Investment
Why You Need an EB-5 Immigration Lawyer
The EB-5 program is designed to provide U.S. green cards to foreign investors and members of their families. The minimum investment required is $800,000 in a qualifying U.S. business. But what it takes to qualify successfully and get an application approved is a whole other story. That is where the EB5 immigration attorney steps in, providing expert advice on:
Investment Selection and Due Diligence: The best EB-5 immigration lawyers help you select qualifying projects, conducting due diligence to minimize investment risks.
Navigating Legal Complexities: An EB5 immigration lawyers is familiar with U.S. immigration laws, enabling them to handle complex regulations, reduce processing time, and provide support for unique cases.
Ensuring Accurate Documentation: An EB5 attorney assists in gathering and submitting required documentation, which is essential to prevent delays and ensure smooth processing.
With an EB5 attorney near you, you can stay updated on your application status, receive timely legal counsel, and ensure compliance with all EB-5 requirements.
Key Benefits of Working with the Best EB-5 Immigration Lawyers
Partnering with one of the best EB-5 immigration lawyers offers several advantages that can make your EB-5 application process smoother and more efficient. Here’s what you can expect:
1. In-Depth Expertise in EB-5 Regulations
Experienced EB5 attorney are well-versed in the specifics of the EB-5 visa program, including eligibility, investment guidelines, and job creation requirements. They work to:
Assess project eligibility.
Handle application forms and documents.
Prevent costly mistakes.
2. Streamlined Application Process
Working with a reputable EB5 immigration lawyer streamlines the application process by ensuring all forms and supporting documents are complete, accurate, and submitted on time. This reduces the chance of delays or requests for additional information from U.S. Citizenship and Immigration Services (USCIS).
3. Customized Legal Strategy
An EB5 attorney near you can provide customized legal strategies tailored to your unique situation, whether you���re an investor looking to relocate your family or an entrepreneur planning to expand your business in the U.S.
4. Local Accessibility
Finding an EB5 attorney near me provides the advantage of easy communication and accessibility, ensuring you have direct support as you navigate the application and investment process.
What to Look for in an EB-5 Immigration Attorney
When searching for the best EB-5 immigration lawyers, there are key qualities to look for that can ensure your chosen attorney is up to the task. Consider the following:
1. Proven Track Record
Look for an EB5 immigration attorney with a history of successful EB-5 cases. Ask about their success rate, previous clients’ experiences, and their familiarity with projects similar to yours.
2. Clear Communication
Effective communication is essential. The best EB-5 immigration lawyers are those who provide clear explanations, regular updates, and address any concerns or questions you may have.
3. Transparency in Fees
Choose an EB5 attorney who is upfront about fees, including consultation costs, legal services, and additional expenses. Transparent billing practices help you avoid unexpected costs down the line.
4. Knowledge of Regional Centers and Projects
The EB-5 program often involves Regional Centers that manage investment projects in targeted employment areas (TEAs). A qualified EB5 immigration lawyer has knowledge of reputable regional centers and can guide you in selecting a safe and effective investment.
5. Strong Reputation
An EB5 attorney near you with a strong reputation and positive reviews is more likely to deliver quality service. Seek testimonials and referrals from previous clients to gauge the attorney’s reliability and expertise.
How to Find an EB5 Attorney Near Me
Finding an EB5 attorney near you doesn’t have to be difficult. Here are a few tips to locate a qualified professional:
Online Research: Search for best EB-5 immigration lawyers in your area, checking their websites for information on EB-5 experience and client testimonials.
Referrals: Ask friends, colleagues, or business partners for referrals to reputable EB5 immigration attorneys they may have worked with.
Professional Directories: Use professional directories like the American Immigration Lawyers Association (AILA) to find licensed and qualified EB5 attorneys near you.
Consultation Meetings: Arrange consultations with potential lawyers to discuss your case, understand their approach, and ensure they’re the right fit for your needs.
Frequently Asked Questions (FAQ)
Q1: How much does an EB-5 immigration lawyer typically charge? A: Fees vary based on experience, location, and case complexity. It’s essential to ask for a transparent quote to understand costs upfront.
Q2: Is it necessary to work with an EB-5 attorney near me? A: While not required, working with a local attorney can be beneficial for ease of communication and accessibility.
Q3: How do I know if my EB-5 attorney is qualified? A: Look for lawyers who specialize in EB-5 cases, have positive client reviews, and demonstrate in-depth knowledge of the EB-5 process.
Q4: Can an EB5 immigration lawyer help expedite my application? A: While they can’t control USCIS processing times, a skilled lawyer can ensure accuracy and completeness, reducing delays and avoiding requests for additional information.
Q5: Do all EB-5 projects qualify for the visa program? A: No, only projects that meet job creation and investment requirements are eligible. Your attorney will guide you in choosing a qualifying project.
Conclusion
Choosing the best EB-5 immigration lawyer is a critical step in achieving your U.S. residency goals. An experienced EB5 immigration attorney ensures you understand the legal and financial requirements, while also providing guidance on choosing compliant investment projects. With the help of a qualified EB5 attorney near you, you can confidently navigate the application process, ensuring your journey to a U.S. green card is smooth and successful.
Whether you’re just starting your EB-5 application or are in need of expert legal support, a dedicated EB5 immigration lawyer is your partner in turning your U.S. residency dreams into reality.
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eb5 visa lawyer | eb5 visa lawyer in Mumbai
Why Choose Gehi Immigration for EB-5 Investor Visa Assistance?
The EB-5 Investor Visa is a U.S. immigration program that provides a way to permanent residency (a green card) for foreign investors and their families. To qualify, applicants must invest substantially in a U.S. business that creates at least 10 full-time jobs for American workers. The program offers two investment options: one for Targeted Employment Areas (TEAs) with a lower capital requirement and another for non-TEAs with a higher investment threshold. This visa not only opens doors for investors seeking residency in the United States but also boosts the U.S. economy through job creation.
The EB-5 visa process can be daunting due to the numerous financial, legal, and regulatory requirements. A slight misstep in documentation or a failure to meet USCIS regulations can result in significant delays or even denial of the visa. That’s why selecting the right immigration firm is important. An experienced firm can help ensure smooth processing, compliance with all legal obligations, and protection of your investment. With a strong track record, the right partner can help mitigate risks, simplify the process, and enhance your chances of success.
Gehis Immigration, led by the highly regarded attorney Mr. N.M. Gehi is a trusted leader in U.S. immigration law, particularly in the EB-5 Investor Visa program. With extensive experience and a solid understanding of the EB-5 requirements, Gehis Immigration has successfully guided numerous investors through the process of obtaining their green cards. The firm provides comprehensive legal support, from preparing applications to ensuring compliance with USCIS regulations, making it the ideal partner for individuals seeking residency through the EB-5 program.
What is the EB-5Â Visa?
The EB-5 Investor Visa is a program established by the U.S. government to encourage foreign investment in U.S. businesses. It allows eligible investors and their immediate family members to obtain U.S. permanent residency (a green card) by investing in a new or existing commercial enterprise that creates jobs for American workers. This visa is particularly appealing for those looking to secure a future in the United States while contributing to the country’s economy.
To qualify for the EB-5 visa, investors must meet specific investment requirements. Generally, the minimum investment amount is $1 million; however, if the investment is made in a Targeted Employment Area (TEA), the minimum drops to $800,000. Additionally, the investment must lead to the creation of at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the U.S. This job creation is a crucial component of the EB-5 program, as it aims to stimulate economic growth in the country.
Eligibility Criteria
Minimum Capital Investment Amount
The standard minimum investment is $1 million.
The reduced minimum investment of $800,000 applies if the investment is made in a TEA, which is typically a rural area or one with high unemployment.
Targeted Employment Areas (TEA) vs. Non-TEA Investments
TEA Investments: Designed to encourage investment in economically disadvantaged areas, TEAs allow investors to qualify with a lower capital investment while supporting job creation in regions that need it most.
Non-TEA Investments: These are investments made in areas that do not meet the TEA criteria, requiring the standard $1 million investment.
Benefits of the EB-5Â Program
â—Ź Direct Path to U.S. Permanent Residency for Investors and Their Families: The EB-5 visa provides a straightforward route to obtaining a green card for the investor, their spouse, and any unmarried children under 21.
â—Ź No Sponsorship Required from Employers or Family Members: Unlike many other visa options, the EB-5 program does not require sponsorship from a U.S. employer or family member, making it a more accessible option for many investors.
â—Ź Flexibility in Where to Live and Work in the U.S.: Once granted permanent residency, EB-5 visa holders can live anywhere in the United States and work in any occupation, allowing them to have a greater sense of personal and professional freedom.
Gehi Immigration Experience in EB-5 Visa Assistance
Gehis Immigration has established a strong reputation in EB-5 visa assistance, which numerous successful cases have marked. The firm has guided many clients through the process of securing their investor visas, helping them achieve their immigration goals with confidence.
● Showcase Successful EB-5 Visa Cases Handled by Gehis Immigration:  Over the years, Gehis Immigration has successfully managed a diverse range of EB-5 applications, from investments in real estate development to innovative startups. Their experience spans various industries, allowing them to understand each sector’s unique challenges and opportunities.
● Testimonials from Previous EB-5 Clients:  Many satisfied clients have praised Gehi Immigration for their experience, dedication, and personalized service. Clients frequently highlight the firm’s thoroughness in preparing applications and their commitment to guiding investors through every step of the process. Testimonials often mention how Gehis Immigration support made the complex EB-5 journey much smoother and less stressful.
Comprehensive Services
Gehis Immigration offers a full suite of services designed to support investors at every stage of the EB-5 visa process.
â—Ź Assistance with Documentation, Business Plan Preparation, and Application Filing: Â The firm provides guidance on preparing the necessary documentation, including detailed business plans that meet USCIS requirements. Their team works closely with clients to ensure that all aspects of the application are accurately completed and submitted on time.
â—Ź Legal Support for Ensuring Compliance with U.S. Citizenship and Immigration Services (USCIS) Regulations: Â Understanding the nuances of U.S. immigration law is critical to a successful EB-5 application. Gehis Immigration ensures that all filings comply with USCIS regulations, minimizing the risk of delays or denials.
â—Ź Post-Filing Support and Handling of Requests for Evidence (RFE), if Necessary: Â Should the USCIS request additional information (RFE), Gehis Immigration supports responding to these inquiries. Their experienced legal team is well-equipped to handle any challenges that may arise after the initial application submission.
Personalized Consultation
At Gehi Immigration, every investor receives attention to meet their unique needs.
● Guidance Based on Individual Investment Preferences:  The firm recognizes that each investor has different goals and preferences. They offer personalized consultations to understand each client’s specific circumstances and provide customized recommendations on investment opportunities.
â—Ź Special Attention to Investors from Different Countries, Including India: Â Gehis Immigration has extensive experience working with clients from various countries, particularly India. They understand the unique challenges and considerations faced by Indian investors and provide specialized support to the EB-5 process effectively. By leveraging their cultural insights and expertise, Gehis Immigration helps clients feel understood and supported throughout their immigration journey.
Specialized Knowledge of EB-5 Regional Centers and Direct Investments
Gehis Immigration possesses specialized knowledge in managing Regional Center investments, a popular choice for many EB-5 investors.
Regional Centers are entities designated by USCIS that facilitate investment projects designed to create jobs for U.S. workers. Gehis Immigration assists clients in identifying reputable Regional Centers that align with their investment goals. The firm provides comprehensive support throughout the investment process, from evaluating potential projects to ensuring compliance with all regulatory requirements. Their experience in assessing Regional Center offerings helps investors make informed investment decisions.
Investing through a Regional Center allows investors to take a more passive approach. Unlike direct investments, where investors must actively manage the business, Regional Center projects typically require less involvement. This can be particularly appealing for investors who prefer a hands-off approach while still fulfilling the job creation requirement. Regional Centers often focus on large-scale projects, which can lead to greater potential returns on investment and increased job creation.
Direct Investments
For investors who prefer to take a more hands-on approach, Gehis Immigration offers extensive support for direct investments in their own business ventures.
Gehi Immigration understands the unique needs of clients who wish to establish or invest directly in their businesses in the U.S. The firm guides on developing a viable business plan that meets USCIS standards and assists with legal documentation and compliance. They help clients with the challenges of starting a new business in the U.S., including understanding local regulations and securing necessary permits. With their comprehensive legal support, Gehis Immigration empowers investors to successfully manage their businesses while fulfilling the EB-5 program’s job creation requirements.
Gehis Immigration Global Reach
Gehis Immigration has an international client base, reflecting its experience in serving clients from various countries around the world. The firm has a particularly strong track record in assisting investors from high-demand countries such as India and China, where interest in the EB-5 program is significant.
Understanding the unique challenges and expectations of clients from these regions, Gehis Immigration makes its services to meet their specific needs. The firm is well-versed in the cultural nuances and legal considerations that influence the EB-5 application process for investors coming from these countries. This experience allows them to provide insightful guidance, ensuring that clients feel supported throughout their immigration journey.
Multilingual Support
Recognizing that effective communication is important to client satisfaction, Gehis Immigration offers multilingual support to cater to its diverse clientele.
The firm’s team includes professionals fluent in several languages, enabling them to communicate effectively with clients from various backgrounds. This linguistic capability not only helps to bridge any communication gaps but also fosters a sense of trust and understanding. Clients can discuss their concerns and investment plans in their preferred language, ensuring they fully comprehend the complexities of the EB-5 process. This commitment to personalized service enhances the overall client experience and shows Gehis Immigration’s dedication to meeting the needs of a global clientele.
Final Word
choosing Gehis Immigration for EB-5 visa assistance offers numerous advantages that can significantly enhance your immigration journey. With a proven track record of successful EB-5 applications, comprehensive services to meet individual investment preferences, and specialized knowledge in both Regional Center and direct investments, Gehis Immigration is well-equipped to guide you through the complexities of the EB-5 process. Their global reach and multilingual support ensure that clients from diverse backgrounds receive the personalized care and attention they deserve.
If you’re ready to take the next step toward securing your U.S. permanent residency through the EB-5 program, don’t hesitate to reach out. Schedule a consultation with Gehis Immigration today and begin your journey to a successful investment and a brighter future in the United States.
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Mumbai-based US Golden Visa Attorneys:
Indian nationals who want to immigrate to the US and have long desired the EB5 visa program, especially those in Mumbai, require professional help from US Golden Visa Lawyers in Mumbai. The program has recently undergone significant changes that have angered the Indian community. The EB5 visa program will help Indians because of these changes, which have piqued interest again.
For those who don’t know, overseas investors can obtain permanent residency in the US under the EB5 visa program. If they invest a minimum of $500,000 in a US-based company, foreign investors may be qualified for the program and may even be granted permanent residency in the United States.
The program has always been seen by Indians looking to immigrate to the US as a significant opportunity, and recent changes have only served to confirm that impression. In this essay, we’ll examine the factors that are driving Indians to apply for EB5 visas as well as how US Golden Visa Lawyers in Mumbai can facilitate and improve the process.
Click on the link to Know More:Â US Golden Visa for Indians
The Function of Mumbai’s US Golden Visa Attorneys
The primary goal of Mumbai’s Golden Visa Lawyers is to assist clients with the EB5 visa application process. They are experts in immigration law and have extensive knowledge of the intricate EB5 visa program.
Their involvement is necessary to ensure that the applications of their clients are successful. They collaborate closely with their clients to ensure that all requirements are met, collect all required information, and assist with the application process.
Click on the link to Know More:Â US Golden Visa for Indians
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EB-5 Visa Requirements - Shankar & Associates, PC
 PERM
The Program Electronic Review Management (PERM) system is used to conduct labor certifications, which are the first stage in obtaining an EB-2 or EB-3 visa immigrant visa for certain foreign people.
Eb1 Immigration Attorney
Overview
All labor certification applications must now be filed through PERM, which was initially implemented on March 28, 2005. For new labor certification filings, forms such as ETA Form 750 and Reduction in Recruitment (RIR) are no longer available. EB-2 (with the exception of National Interest Waivers) and EB-3 are the employment-based preference categories that need PERM labor certifications.
Purpose
The Department of Labor (DOL) must issue a labor certification before a U.S. firm can file an immigration petition for a foreign worker in most EB-2 and EB-3 visa positions. To this aim, the employer files ETA Form 9089 to the Department of Labor, which validates the employee's eligibility that
1) There are not enough American workers who are able, qualified, and willing to accept the job offer at the prevailing salary for that occupation in the area where the business expects the foreign worker to work; and
2) The pay and working conditions of similarly employed U.S. workers will not be harmed as a result of the foreign worker's employment.
Process
In short, before filing a labor certification application, the petitioning business must execute a series of recruitment operations to test the labor market. If an employer discovers that there are insufficient numbers of able, qualified, and willing applicants, whether U.S. citizens or permanent residents, during the recruitment process, the firm can file a PERM labor certification application.
Employers can submit their labor certification application to the DOL for adjudication either electronically or by mail, according to PERM requirements. While employers are not required to present supporting documents when filing, they must have completed all recruitment activities and gathered all evidence before filing. Website printouts, newspaper rip sheets, and job orders are examples of documents that businesses might use to demonstrate recruitment operations. (Petitioning employers should keep this documentation for five years in the event of a future audit or review.)
Originally, the Department of Labor expected a non-audited PERM labor certification application to be judged in 45 to 60 days. The processing period for PERM applications varies. If the Department of Labor chooses a case for auditing, the petitioning employer has 30 days to produce all needed documentation. If an audit request is ignored, the case may be deemed abandoned, and the DOL may require the unresponsive employer to go through supervised recruitment for any future labor certification applications.
After the Department of Labor accepts a labor certification, the employer must file an immigrant petition with the United States Citizenship and Immigration Services (USCIS) before the labor certification's 180-day validity period ends.
For National Interest Waiver (NIW) petitions filed under the EB-2 category, labor certification is not required, and it is also not required for EB-1, EB-4, or EB-5 petitions.
Overall, PERM labor certification is a time-consuming and complicated process. We urge that you seek the advice of an expert immigration lawyer.
Contact Us For Free Consultation 📞 : 212-461-1467, 800-461-1467 📧 : [email protected] [email protected] [email protected]
🌎: https://shankarlaw.com/ 📍 : 518 Plainview Road Plainview, NY, 11803
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EB-5 INVESTOR VISA - UNITED STATES
Contact VisaConnect's Consultants and US Immigration Lawyers for advice and assistance with your EB-5 Immigrant Investor Visa application Now!
Capital Investment Requirements – EB-5 Visa The required Minimum Investments are: Targeted Employment Area – (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is currently $800,000 USD. Since 15 March 2022, the minimum investment in a Targeted Employment Area is $800,000 USD Non-Designated Targeted…
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Stay Up to Date with Immigration and Nationality Law Updates in the U.S. and Canada
https://visaserve.com/lawyer/2023/11/01/E-Newsletter/-Stay-Up-to-Date-with-Immigration-and-Nationality-Law-Updates-in-the-U.S.-and-Canada_bl54003.htm
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EB5 Visa Cost: Minimum Investment Amount of EB-5 Visa
What is the source of EB 5 Visa Cost?
The source of EB5 Visa cost includes the petition filing fees, EB5 Visa immigration lawyer fees, Regional Center Fund Administration fees (if applicable), business plan and contract fees for direct EB5 investors, foreign remittances charges (if investor is outside the US), translation fees, and travel expenses. The U.S. Citizenship and Immigration Services (USCIS) is the entity that charges the EB5 Visa filing fees.
What are the EB5 Visa Administration Fees?
The EB5 Visa administration fees are the costs charged by the Regional Center to manage an EB-5 project. In case the EB-5 investor plans to apply through a Regional Center — which is the preferred option for more than 90% of all EB-5 investors — then the investor will have to pay the Regional Center Fund Administration Fee. The Regional Center Fund Administration Fee costs from $60,000 to $80,000 per investor. However, having an EB-5 advisor’s assistance can significantly decrease the administration fee because the charged fee is negotiable.
An EB-5 investor within and outside the U.S. generally pays the Regional Center Fund administration fee through wire transfer into the bank account specified by the Regional Center.
How much is the EB5 Visa Petition Filing Fee?
The total cost of the EB5 Visa petition filing fee for the Form I-526 and I-526E is $11,160 and $12,160 respectively per petition. The Reform and Integrity Act of 2022 introduced a $1,000 EB-5 Integrity Fund fee. This needs to be filed with the I-526E form, which means the total application processing cost for the I-526E would be $12,160 per petition. An amendment request is not subject to this additional fee.
Form I-526 is the EB5 Visa application for direct investors. Form I-526E is the EB5 Visa application for regional center investors. An EB-5 petitioner can pay their EB5 Visa petition filing fee to the immigration lawyer who pays it to the USCIS when filing the petition.
How much are the EB5 Visa application processing fees?
The EB5 Visa application processing fees range from $12,155 to $12,645. The total cost for an I-485 Adjustment of Status application processing fee is $1,440 if the applicant is aged 14 years or above. The application processing fee for the Form I-485 is $950 if the applicant is below 14 years of age. Form I-485 is an application for Adjustment of Status that needs to be filed if the applicant is already in the U.S. on a H-1B or L-1 or any other non-immigration visa other than single-intent visas like the B1/B2 or J1 visa. The applicant has the option of filing the Form I-765, Application for Employment Authorization for the Employment Authorization Document (EAD), which costs $470. The Form I-131, Application for Travel Document for Advance Parole, has an application processing fee of $630.
The total cost for the Form DS-260 is $345 per applicant. This form needs to be filed after I-526/I-526E approval if the applicant is applying from outside the U.S. There is a USCIS Immigrant Fee of $235 per person, which is the fee for processing the immigrant visa packet and Permanent Resident card or the Green Card. Before the end of the 2-year conditional permanent residence, the applicant must file the Form I-829 which has a processing fee of $9,525.
What are the legal fees for an EB5 Visa Immigration Attorney?
The legal fees for an EB5 Visa Immigration Attorney range between $20,000 to $25,000. An EB-5 immigration attorney is an expert who takes care of things like checking the Source of Funds, Path of Funds, and completing all immigration formalities. An immigration expert’s fees for the I-829 petition can range from $5,000 to $7,500. An immigration expert offers professional assistance when filing the Form I-829 for removal of conditions at the end of the 2-year conditional permanent residence period. So, every EB-5 investor must be prepared to set aside a median figure of $25,000 for the Immigration Lawyer Cost.
What documents are required to prove the source of funds for an EB5 investment?
Common Documentation Requirements
Tax Returns:Â Personal income tax returns for the past five years are typically required. If tax returns are not available due to local regulations, a declaration from a tax professional may suffice
Bank Statements:Â Bank statements for at least 12 to 36 months showing deposits that correspond to the claimed source of funds are essential. These statements should illustrate the flow of funds from their origin to the investment account
Proof of Employment or Business Income:
For funds derived from salary, include:
W-2 forms or equivalent documents.
Employment contracts.
Pay stubs.
For business income, provide:
Business registration documents.
Financial statements demonstrating earnings.
Tax documentation related to the business
Real Estate Transactions:
If funds come from real estate sales, submit:
Title deeds and sales agreements.
Tax documentation related to the sale.
Bank records showing the deposit of sale proceeds
Loan Proceeds:
If using loan proceeds, include:
Loan agreements.
Bank statements showing the transfer of loan amounts.
Evidence of collateral if applicable
Capital Source Statement:
A detailed narrative explaining how each source of funds was obtained and its path to the investment account is crucial. This statement should clearly outline all transactions and their timelines
How much investment is required for EB5 visa?
The investment required for EB5 visa is a minimum amount of $1.05 million (non-TEA) or $800,000 (in a TEA). The investment amount must lead to the creation of at least 10 full-time jobs for US workers. The investor must show that the investment will last for a minimum of 2 years. It is important to note that the investment amount of either $800,000 or $1.05 million are not part of the EB-5 visa costs. The minimum investment amount will become a cost only if the EB-5 investor fails to recover the investment from the EB-5 project. As is true for all big money decisions, working with the experts and sticking to tried-and-tested strategies can increase the probability of recovering the EB-5 investment after 5–7 years. Get this right and the actual cost of the EB-5 visa comes down significantly.
How do EB 5 investors receive their money back?
EB 5 investors receive their money back through the returns earned by the EB-5 enterprise belonging to them if they are direct investors. For Regional Center investors, the return of investment depends on the terms agreed with the EB-5 Regional Center (RC). Low-risk projects rarely offer returns higher than 1% per annum. Other RC projects may offer higher returns but this may involve higher immigration or investment risks for the EB-5 investor. The investment must be at-risk, which means return of investment cannot be guaranteed.
Is it necessary for an EB5 investor to open a US bank account?
Opening a U.S. bank account is not mandatory for EB-5 investors, but it offers several advantages. It simplifies fund transfers, ensures a transparent financial trail for USCIS requirements, and makes it easier to handle U.S. expenses like legal and filing fees. Additionally, a U.S. bank account can support the investor’s commitment to the EB-5 project and future financial activities in the U.S. For these reasons, many EB-5 investors find it beneficial to open one.
Can I Use a Bank Loan to Apply for an EB5 Visa?
Yes, you can use a bank loan to apply for an EB-5 Visa, but there are strict conditions. USCIS requires that any loan used for an EB-5 investment must be secured by the investor’s own assets. This means that the loan must be backed by personal collateral, such as real estate or other valuable assets owned by the investor. Using a loan that is unsecured, or secured by the EB-5 investment itself, is not allowed.
Is the EB5 Visa Taxable?
Yes, the EB-5 Visa can lead to U.S. tax obligations, as EB-5 investors with Green Cards are considered U.S. residents for tax purposes. This means they must report and pay taxes on their worldwide income, not just U.S. earnings. The U.S. offers foreign tax credits to help reduce double taxation on income earned abroad, and investors may have additional reporting requirements for foreign assets. Consulting a tax advisor can help navigate these responsibilities effectively.
What are EB5 Visa Cost Factors?
The EB5 Visa cost factors include the legal and filing fees, regional center administration costs, escrow fees, currency exchange and transfer costs, tax implications, and other miscellaneous costs.
Legal fees consist of an immigration attorney’s fees. Legal fees can vary widely depending on the immigration lawyer’s experience and the complexity of the EB-5 investor’s case. Filing fees involve the I-526 petition filing fee, the I-829 petition filing fee, and other associated costs for EB-5 Visa processing and adjudication. Regional center administration costs are administrative fees related to managing the investment project and overseeing compliance with EB-5 program requirements. Escrow fees are charges applied if funds are placed in escrow pending approval of the I-526 petition. Currency exchange and transfer costs are charges for investors transferring funds from overseas. Tax implications are potential amounts of tax in the United States and in the investor’s home country that they must consider. Miscellaneous costs comprise of charges related to due diligence on the investment project, travel expenses if visiting the United States for interviews or inspections, relocation costs, and other incidentals to meet the EB5 Visa Requirements.
Is it necessary to refresh the EB5 Visa?
Yes, it is necessary to refresh the EB5 visa six months before it expires if it is a conditional EB-5 Visa that is valid for only two years. EB5 Visa holders who have received EB-5 visas with a ten-year validity period don’t need to immediately renew their visas. They only need to renew their 10-year Green Card before it expires to continue residing and working permanently in the US.
How long is an EB 5 Visa Good for?
A conditional EB 5 Visa is good for 2 years. An EB5 Visa remains valid for 10 years if the conditions are removed. The EB-5 visa will expire if the conditions are not removed in time.
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eb5 visa lawyer | eb5 visa lawyer in Mumbai
Why Choose Gehi Immigration for EB-5 Investor Visa Assistance?
The EB-5 Investor Visa is a U.S. immigration program that provides a way to permanent residency (a green card) for foreign investors and their families. To qualify, applicants must invest substantially in a U.S. business that creates at least 10 full-time jobs for American workers. The program offers two investment options: one for Targeted Employment Areas (TEAs) with a lower capital requirement and another for non-TEAs with a higher investment threshold. This visa not only opens doors for investors seeking residency in the United States but also boosts the U.S. economy through job creation.
The EB-5 visa process can be daunting due to the numerous financial, legal, and regulatory requirements. A slight misstep in documentation or a failure to meet USCIS regulations can result in significant delays or even denial of the visa. That’s why selecting the right immigration firm is important. An experienced firm can help ensure smooth processing, compliance with all legal obligations, and protection of your investment. With a strong track record, the right partner can help mitigate risks, simplify the process, and enhance your chances of success.
Gehis Immigration, led by the highly regarded attorney Mr. N.M. Gehi is a trusted leader in U.S. immigration law, particularly in the EB-5 Investor Visa program. With extensive experience and a solid understanding of the EB-5 requirements, Gehis Immigration has successfully guided numerous investors through the process of obtaining their green cards. The firm provides comprehensive legal support, from preparing applications to ensuring compliance with USCIS regulations, making it the ideal partner for individuals seeking residency through the EB-5 program.
What is the EB-5Â Visa?
The EB-5 Investor Visa is a program established by the U.S. government to encourage foreign investment in U.S. businesses. It allows eligible investors and their immediate family members to obtain U.S. permanent residency (a green card) by investing in a new or existing commercial enterprise that creates jobs for American workers. This visa is particularly appealing for those looking to secure a future in the United States while contributing to the country’s economy.
To qualify for the EB-5 visa, investors must meet specific investment requirements. Generally, the minimum investment amount is $1 million; however, if the investment is made in a Targeted Employment Area (TEA), the minimum drops to $800,000. Additionally, the investment must lead to the creation of at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the U.S. This job creation is a crucial component of the EB-5 program, as it aims to stimulate economic growth in the country.
Eligibility Criteria
Minimum Capital Investment Amount
The standard minimum investment is $1 million.
The reduced minimum investment of $800,000 applies if the investment is made in a TEA, which is typically a rural area or one with high unemployment.
Targeted Employment Areas (TEA) vs. Non-TEA Investments
TEA Investments: Designed to encourage investment in economically disadvantaged areas, TEAs allow investors to qualify with a lower capital investment while supporting job creation in regions that need it most.
Non-TEA Investments: These are investments made in areas that do not meet the TEA criteria, requiring the standard $1 million investment.
Benefits of the EB-5Â Program
â—Ź Direct Path to U.S. Permanent Residency for Investors and Their Families: The EB-5 visa provides a straightforward route to obtaining a green card for the investor, their spouse, and any unmarried children under 21.
â—Ź No Sponsorship Required from Employers or Family Members: Unlike many other visa options, the EB-5 program does not require sponsorship from a U.S. employer or family member, making it a more accessible option for many investors.
â—Ź Flexibility in Where to Live and Work in the U.S.: Once granted permanent residency, EB-5 visa holders can live anywhere in the United States and work in any occupation, allowing them to have a greater sense of personal and professional freedom.
Gehi Immigration Experience in EB-5 Visa Assistance
Gehis Immigration has established a strong reputation in EB-5 visa assistance, which numerous successful cases have marked. The firm has guided many clients through the process of securing their investor visas, helping them achieve their immigration goals with confidence.
● Showcase Successful EB-5 Visa Cases Handled by Gehis Immigration:  Over the years, Gehis Immigration has successfully managed a diverse range of EB-5 applications, from investments in real estate development to innovative startups. Their experience spans various industries, allowing them to understand each sector’s unique challenges and opportunities.
● Testimonials from Previous EB-5 Clients:  Many satisfied clients have praised Gehi Immigration for their experience, dedication, and personalized service. Clients frequently highlight the firm’s thoroughness in preparing applications and their commitment to guiding investors through every step of the process. Testimonials often mention how Gehis Immigration support made the complex EB-5 journey much smoother and less stressful.
Comprehensive Services
Gehis Immigration offers a full suite of services designed to support investors at every stage of the EB-5 visa process.
â—Ź Assistance with Documentation, Business Plan Preparation, and Application Filing: Â The firm provides guidance on preparing the necessary documentation, including detailed business plans that meet USCIS requirements. Their team works closely with clients to ensure that all aspects of the application are accurately completed and submitted on time.
â—Ź Legal Support for Ensuring Compliance with U.S. Citizenship and Immigration Services (USCIS) Regulations: Â Understanding the nuances of U.S. immigration law is critical to a successful EB-5 application. Gehis Immigration ensures that all filings comply with USCIS regulations, minimizing the risk of delays or denials.
â—Ź Post-Filing Support and Handling of Requests for Evidence (RFE), if Necessary: Â Should the USCIS request additional information (RFE), Gehis Immigration supports responding to these inquiries. Their experienced legal team is well-equipped to handle any challenges that may arise after the initial application submission.
Personalized Consultation
At Gehi Immigration, every investor receives attention to meet their unique needs.
● Guidance Based on Individual Investment Preferences:  The firm recognizes that each investor has different goals and preferences. They offer personalized consultations to understand each client’s specific circumstances and provide customized recommendations on investment opportunities.
â—Ź Special Attention to Investors from Different Countries, Including India: Â Gehis Immigration has extensive experience working with clients from various countries, particularly India. They understand the unique challenges and considerations faced by Indian investors and provide specialized support to the EB-5 process effectively. By leveraging their cultural insights and expertise, Gehis Immigration helps clients feel understood and supported throughout their immigration journey.
Specialized Knowledge of EB-5 Regional Centers and Direct Investments
Gehis Immigration possesses specialized knowledge in managing Regional Center investments, a popular choice for many EB-5 investors.
Regional Centers are entities designated by USCIS that facilitate investment projects designed to create jobs for U.S. workers. Gehis Immigration assists clients in identifying reputable Regional Centers that align with their investment goals. The firm provides comprehensive support throughout the investment process, from evaluating potential projects to ensuring compliance with all regulatory requirements. Their experience in assessing Regional Center offerings helps investors make informed investment decisions.
Investing through a Regional Center allows investors to take a more passive approach. Unlike direct investments, where investors must actively manage the business, Regional Center projects typically require less involvement. This can be particularly appealing for investors who prefer a hands-off approach while still fulfilling the job creation requirement. Regional Centers often focus on large-scale projects, which can lead to greater potential returns on investment and increased job creation.
Direct Investments
For investors who prefer to take a more hands-on approach, Gehis Immigration offers extensive support for direct investments in their own business ventures.
Gehi Immigration understands the unique needs of clients who wish to establish or invest directly in their businesses in the U.S. The firm guides on developing a viable business plan that meets USCIS standards and assists with legal documentation and compliance. They help clients with the challenges of starting a new business in the U.S., including understanding local regulations and securing necessary permits. With their comprehensive legal support, Gehis Immigration empowers investors to successfully manage their businesses while fulfilling the EB-5 program’s job creation requirements.
Gehis Immigration Global Reach
Gehis Immigration has an international client base, reflecting its experience in serving clients from various countries around the world. The firm has a particularly strong track record in assisting investors from high-demand countries such as India and China, where interest in the EB-5 program is significant.
Understanding the unique challenges and expectations of clients from these regions, Gehis Immigration makes its services to meet their specific needs. The firm is well-versed in the cultural nuances and legal considerations that influence the EB-5 application process for investors coming from these countries. This experience allows them to provide insightful guidance, ensuring that clients feel supported throughout their immigration journey.
Multilingual Support
Recognizing that effective communication is important to client satisfaction, Gehis Immigration offers multilingual support to cater to its diverse clientele.
The firm’s team includes professionals fluent in several languages, enabling them to communicate effectively with clients from various backgrounds. This linguistic capability not only helps to bridge any communication gaps but also fosters a sense of trust and understanding. Clients can discuss their concerns and investment plans in their preferred language, ensuring they fully comprehend the complexities of the EB-5 process. This commitment to personalized service enhances the overall client experience and shows Gehis Immigration’s dedication to meeting the needs of a global clientele.
Final Word
choosing Gehis Immigration for EB-5 visa assistance offers numerous advantages that can significantly enhance your immigration journey. With a proven track record of successful EB-5 applications, comprehensive services to meet individual investment preferences, and specialized knowledge in both Regional Center and direct investments, Gehis Immigration is well-equipped to guide you through the complexities of the EB-5 process. Their global reach and multilingual support ensure that clients from diverse backgrounds receive the personalized care and attention they deserve.
If you’re ready to take the next step toward securing your U.S. permanent residency through the EB-5 program, don’t hesitate to reach out. Schedule a consultation with Gehis Immigration today and begin your journey to a successful investment and a brighter future in the United States.
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You’ve Done The Work, Now Let An Experience EB1 Visa Lawyer Help
Do you think you qualify for an EB1 Visa and want to give yourself the best chance at receiving one? Have you been looking for help with the details of applying for an EB1A? This is one of the most sought-after visas for many reasons. If you qualify for it, it can absolutely be worth acquiring. However, even if you do meet the qualifications, you still want to be able to make the process smoother, to have a professional by your side to guide you. That’s where an EB1 visa lawyer from the Rijal Law Firm can help.
What Do You Need To Qualify For An EB1 Visa? The EB1 visa is for “Aliens With Extraordinary Qualities.” That is not a misnomer. To qualify for this, you have to show that, indeed, you are not just among the very best in your field but also that your work will provide real, substantial value to the United States. It could be that you excel in the performing arts, with high box office receipts, ticket sales, and more. Alternatively, it could be that you are the recipient of international awards for excellence in your field, and similar. If you believe that you qualify, we may be able to help. We can point you toward the right immigration method for your particular situation.
How Can An EB1 Visa Lawyer Help? We can help you and your case in many ways, not the least of which is through helping you ensure that you have the strongest, most compelling, and relevant evidence in your petition. From years of helping our clients to apply for this, we know definitively what the USCIS wants to see in an EB1A application. We can draft your petition to do so, presenting your case and arguing your credentials in the right manner.
What Can I Do With An EB1A RFE? Receiving an RFE can be frustrating or even intimidating, but it’s important to remember that an RFE is not a “no.” Rather, it really is just a “request for more evidence.” That said, it’s crucially important to provide that evidence in the most comprehensive, compelling manner in due time. We can help you to do so, thus bolstering your original application with even stronger evidence, giving you the best opportunity to secure approval.
Experienced Immigration Attorney For Immigration Solutions The EB1A is a popular method through which to immigrate to the United States, but it is just one method. Here at the Rijal Law Firm, we have helped many with this visa as well as other EB2, EB3, EB4, EB5, and others. When you reach out to us for a free case evaluation, we’ll go over your situation thoroughly. From there, we’ll determine how best we can help you. Many of our clients have come to us with one immigration method in mind only to find that, after sitting down with us, another was better. To see how we can help, schedule that case evaluation through our site or by calling us.
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