Estimating EB-5 Visa Wait Times
Prospective EB-5 applicants often conflate two distinct clocks: agency adjudication and visa-number availability. In practice, your journey is paced by the slower of these components. Think of EB-5 visa wait times as a composite measure—first, USCIS adjudicates your filings; then the Department of State allocates an immigrant visa number based on category and country of […]
Pre vs. Post-RIA: How and Why EB-5 Has Changed
Simon Weiner, September 29th The EB-5 Program ultimately sits at a three-way junction of immigration law, private finance, and economic policy. Within it, small administrative/statutory edits can result in large changes in practice. Along with the institution of the EB-5 Reform and Integrity Act of 2022 (known as “RIA”), U.S. Congress didn’t replace the engine […]
Proper EB-5 Project Due Diligence — A Practical Investor Guide
Selecting the right project in the EB-5 Immigrant Investor Program is not just an investment decision; it’s an immigration decision that directly affects eligibility for an EB5 green card. Good EB-5 due diligence blends two disciplines that rarely sit together in a typical private deal: immigration compliance and capital risk management. The aim here is […]
Understanding EB-5 Job Creation Requirements and Calculation
The EB-5 Immigrant Investor Program offers a unique opportunity for foreign investors to pursue a U.S. green card by investing in the American economy. One of the core EB5 requirements is job creation. This article walks through how EB-5 job creation works in practice—including EB-5 job creation requirements—covering the 10-job minimum itself, how different […]
Understanding RIA EB-5 Categories
Introduced in 2022, the EB-5 Reform and Integrity Act (RIA) introduced several critical updates to the EB-5 Immigrant Investor Program. Among some of these updates was the creation of specific visa set-aside categories designed to improve processing fairness and target investment into priority regions. For investors, attorneys, and regional centers alike, understanding these EB-5 […]
Immigrant Visas vs. Non-Immigrant Visas
Understanding the differences between immigrant vs. non-immigrant visas is essential for visa petitioners considering either a temporary or permanent stay in the U.S. On paper, the distinction between the two may look straightforward: one is a visa for temporary visits, the other for permanent settlement. But in reality, the rules, benefits, and long-term consequences are […]
Divorce and Family Separation During the EB-5 Immigration Process
Navigating the EB-5 investor visa program can become complicated when unexpected life events occur. Understanding how divorce, family separation, or the death of the primary investor affects your immigration case is crucial for protecting your family’s green card application. Death of the EB-5 Primary Investor: What Happens to Family Members? When an EB-5 investor passes […]
Foundation and History of the EB-5 Program
Today, the EB-5 Immigrant Investor Program has become one of the more prominent pathways for foreign nationals to secure green cards and residence in the United States. As long as an investor is qualified, they are able to obtain an EB5 green card in exchange for making a significant investment which spurs U.S. economic development […]
Understanding I-526E Requirements
What is I-526e? In short, it’s the personal filing that anchors an investor’s EB-5 case when proceeding through a regional center, distinct from the project-level submission. Form I-526E plays a central role in the EB-5 Immigrant Investor Program, especially for those contributing capital to projects offered by a USCIS-designated regional center. Introduced following the EB-5 […]
Basics of Obtaining a U.S. Green Card
If we work backwards from the final outcome of obtaining a U.S. Green Card, we can understand the mechanics of gaining permanent residency. At its simplest, what is a green card in the US? It’s proof of lawful permanent residence—allowing long-term living and working in the country. This guide also clarifies how to get a […]