Boston Immigration Lawyer For EB-5 Visa Investors

EB-5 Visa Lawyer Boston: Strategic Legal Support For Investor Immigration 

Working on immigration cases for over 60 years, the legal team at Spar & Bernstein offers trusted, hands-on guidance for foreign investors seeking to start or support businesses in the United States.

Why Work With Our EB-5 Visa Attorneys In Boston?

Are you looking to secure permanent residency in the U.S. through investment?

With complex legal, financial, and procedural requirements, the investor visa process poses numerous challenges. The experienced team at Spar & Bernstein is here to help you overcome them.

We will:

• Evaluate your eligibility and investment goals.
• Prepare and file all required petitions and supporting documents.
• Guide you through every step of the process.
• Provide ongoing legal advice from filing until you get your Green Card.

Whether you’re launching a new venture or partnering with a regional center, our attorneys are here to help with the legal process and give you peace of mind.

Boston By The Numbers: Investor Visas

• Boston ranks in the top five U.S. cities for attracting foreign investment.
• Foreign investment in Boston’s urban core has reached $3.1 billion, covering office, multifamily, industrial, retail, and hotel properties.
• As of June 4, 2025, there are 532 USCIS-approved regional centers supporting EB-5 investments across the United States.

EB-5 Visa Explained

The EB-5 visa is an investor visa that offers foreign investors a path to permanent residency in exchange for a qualifying investment that stimulates job creation and economic growth.

To qualify for the EB-5 program, you must:

• Invest $1,050,000 in a new or existing business or $800,000 in a targeted employment area (TEA).
• Prove the lawful source and path of investment funds.
• Establish a new commercial enterprise or invest through a regional center approved by the U.S. Citizenship and Immigration Services (USCIS).
• Create 10 full-time positions for eligible U.S. workers.
• Play an active role in the business (or indirect involvement via a regional center).

You’ll first receive a two-year conditional Green Card. To make it permanent, you’ll need to remove conditions by showing that your investment stayed active and successfully created 10 full-time jobs.

How To Apply For An EB-5 Visa

1. Decide How To Invest

Choose between a direct investment in your own business or investing through a regional center.

2. Ensure You Meet The Investment Requirements

Confirm your capital investment meets the minimum requirement: $1,050,000 in a new or existing business or $800,000 in a TEA.

3. Document Your Funds

Collect and organize supporting documentation to prove the lawful source of your investment.

4. File A Petition

To start the process, fill out Form I-526, Immigrant Petition by Standalone Investor and file it with USCIS.

• If you’re in the U.S. and have a valid nonimmigrant status, you may file Form I-485, Application to Register Permanent Residence or Adjust Status concurrently with Forms I-765 and Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records. Their purpose is to request adjustment of your status and travel documents.
• If you are outside the U.S., wait for I-526 approval, then proceed with consular processing by submitting Form DS-260 and attending your visa interview at the U.S. Embassy or Consulate.

5. Receive Conditional Green Card

Upon approval, you’ll receive a two-year conditional permanent resident card.

Within 90 days before the end of the two-year period, file Form I-829 to remove conditions. You must show the investment was sustained and that you created 10 full-time jobs.

Other Investment-Based Visa Options For Boston Entrepreneurs

In addition to the EB-5 program, there are other investment-based visa options you can use, such as the E-2 Treaty Investor Visa for nationals of certain countries.

E-2 Treaty Investor Visa

E-2 treaty investor visa is a nonimmigrant visa for nationals of treaty countries with a substantial investment in a U.S. enterprise.

To apply for an E-2 visa, you must:

• Be a citizen of a treaty country.
• Own at least 50% of a U.S. business or have operational control.
• Invest a substantial amount of capital in a real, active business.
• Intend to direct and develop the business.
• Depart the U.S. when your visa expires.

Other important information to consider:

• The minimum investment amount is not fixed but must be proportional to the business type and size.
• Requires active involvement in the enterprise during the validity of the visa.
• The validity is between two and five years, with options for renewal provided you meet the eligibility requirements.
• While the E-2 visa doesn’t offer a straight path to a Green Card, many of our clients have used it as a stepping stone to explore long-term options for staying in the U.S.

How To Apply For An E-2 Treaty Investor Visa

• Confirm treaty eligibility: Check that your country has a qualifying treaty with the United States.
• Make a business plan: Prepare a detailed business plan demonstrating how it will generate income and create jobs.
• Establish your U.S. business: Register a legal U.S. business entity, such as an LLC or corporation.
• Secure business operations: Open a business bank account, lease commercial space in Boston, and obtain necessary licenses and tax identification numbers.
• Invest funds: Transfer and commit funds to the business — this must be an at-risk investment, actively used to support the business.
• Document your funds: Collect records proving the lawful source of your capital and how it was invested in the enterprise.
• File your application:
  • If outside the U.S., file Form DS-160 and Form DS-156E with a U.S. consulate in your home country.
  • If already in the U.S., file Form I-129 and Form I-156E to change your status to E-2.

• Attend your interview: Go for an interview at the consulate (if abroad) or at a USCIS service center (if applying from within the U.S.).
• Wait for a decision: If approved, you will receive E-2 status, typically valid for two to five years.