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  • Fees and

    Visa Application

    After USCIS approves the petition, it is sent to the National Visa Center (NVC). Once received, NVC will assign a case number for the petition. When an applicant’s priority date meets the most recent qualifying date, NVC will instruct the applicant to complete Form DS-261, Choice of Address and Agent. (NOTE: If you already have an attorney, NVC will not instruct you to complete Form DS-261). NVC will begin pre-processing the applicant’s case by providing the applicant with instructions to submit the appropriate fees. After the appropriate fees are paid, NVC will request that the applicant submit the necessary immigrant visa documents, including application forms, civil documents, and more. Learn more about National Visa Center visa case processing and NVC's EB-5 Investor Assistance Desk.

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    yalda EB-5 FAQs
  • Can My Family Members also

    Receive Immigrant Visas?

    Based on your approved petition, your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you. Like you, they must also fill out required application forms, obtain required civil documents, pay the required fees, and undergo medical examinations. Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS.

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    yalda EB-5 FAQs

EB-5 Main Queations

Frequently Asked Questions

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invest EB-5 investors include people from all walks of life: professionals, business people, persons wanting to facilitate a child’s education, and retirees. Because the EB-5 visa permits employment in the U.S., many EB-5 investors also create their own companies, become involved in charity or part-time work. Simply put, the EB-5 visa gives you the flexibility to do what you want in the United States. If you don’t want to actively manage your business, you should consider a regional center EB-5 investment. If you have a U.S. citizen parent or child over 21 years of age, you may consider family-class visa categories. If you have exceptional skills or are famous, you may qualify for a green card based on your extraordinary ability. If you want to manage your own business, consider an L-1 (Intracompany Transferee), E-2 (Temporary Treaty Investor), or EB-5 case based on your own business which you control.
If your goal is to have a green card and not to actively manage a business, it is more often cheaper and/or convenient to utilize the regional center EB-5 category rather than to start and maintain your own business.
The EB-5 regulations require involvement in management or policy making. The regulations deem a limited partner in a limited partnership, that conforms to the Uniform Limited Partnership Act, sufficiently engaged in the policy making of an EB-5 enterprise.
It typically takes investors about two months to make the investment, gather the necessary documents, and file the petition. Most petitions are approved in about 14 months. One can then apply for adjustment of status in the U.S. or an immigrant visa overseas. Adjustment of status for EB-5 cases can be processed in about 6 months, but can sometimes take longer. The immigrant visa at the American consulate requires about 8-12 months. After being granted, it usually only takes a few weeks or months for the conditional green card to arrive in the mail.
Yes, provided that any applicable gift taxes are paid. It must be demonstrated that the gift is an actual arm’s-length transaction, and that it is a not a mere ruse nor that the gifted funds will be given back after permanent resident status is granted.
A conditional green card is a temporary green card valid for two years. One year and nine months after it is issued, a three-month window opens up during which an individual must file another application with the USCIS to verify that all of the funds have been invested and maintained and employment created. When the conditional resident status has been lifted, full permanent resident status is granted and a permanent green card is issued.
People working for U.S. employers may be sponsored for a labor certification. Many highly successful and qualified people may qualify for permanent resident status as a person of extraordinary ability. Others may work for a multinational company with offices in the U.S. and overseas and be transferred to work in the U.S. – as a result, they may be granted permanent resident status. Contact us for a consultation on other alternatives for applying for permanent resident status.
The most common problem area has been insufficient documentation of the source of funds. Many people try to disclose the least possible information only to have the file returned with a request for further information. It is better to provide too much information rather than too little information. In this era of terror alerts, and suspicions about money laundering, CIS case examiners require a well-documented source of funds.
You must prepare complete biographical information and must prove the source of the investment funds. To prove the source of investment funds, USCIS requires five years of personal and business, if any, tax returns; proof of ownership in any businesses; and business licenses. You must present a track record of an honest course of dealing. If your capital came from a specific transaction, such as sale of a house, inheritance or gift, you must prove the transaction occurred by providing an official document, such as a closing statement or contract or other official documents. This is not an exhaustive list. Other documents may be required and vary on a case-by-case basis.
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