EB-5 Visa Attorney In Los Angeles: Secure Your Future Through Investment
Thinking of making the United States your home through investment? As one of the country’s most dynamic markets for international entrepreneurs, Los Angeles is a great choice for starting this journey.
With over 60 years of immigration experience, the knowledgeable team at Spar & Bernstein is here to help you obtain an EB-5 visa and achieve your immigration goals.
Why Choose Our EB-5 Visa Attorneys In Los Angeles?
If you’re expanding your company or building a business from scratch in the United States, a trusted investor visa lawyer will help you face the unique challenges that come with this immigration option.
We’ll review your eligibility based on the investment amount and business structure, collect and organize the documentation proving the legal sourcing of your funds, and help you fill out and file your petition.
Documenting your investment is just the beginning. Our team will stay by your side every step of the way, from obtaining a conditional Green Card to removing conditions and getting lawful permanent residency.
Why Invest In Los Angeles
One of the most attractive U.S. cities for EB-5 investors, Los Angeles offers a dynamic, investor-friendly environment for business growth.
- L.A. is among the top U.S. cities for foreign direct investment.
- Los Angeles County ranks second in the U.S. for job creation based on FDI.
- The metro area is home to major EB-5 regional centers such as the Los Angeles Economic Development Corporation, the California Real Estate Regional Center, and more.
EB-5 Visa Overview: What You Need To Qualify
The EB-5 visa, also known as the Immigrant Investor Program, provides a path to a Green Card for foreign nationals who invest in the U.S. economy and help create jobs.
To qualify, you’ll need to:
- Invest $1,050,000 in a U.S. business (or $800,000 if it’s located in a designated Targeted Employment Area, or TEA).
- Show that the money came from legal sources, such as business income, property sales, or inheritance.
- Create or preserve at least 10 full-time jobs for U.S. workers.
- Make a direct investment or invest funds through a U.S. Citizenship and Immigration Services (USCIS)-approved regional center.
- Be actively involved in the business or participate passively via a regional center.
If you’re approved and receive an EB-5 visa, you’ll get a two-year conditional Green Card. To remove conditions, you must prove that your investment is active and you kept the required jobs.
How To Apply For An EB-5 Visa In Los Angeles
1. Decide On Your Investment Path
Start by deciding if you want hands-on control of your business or prefer joining a regional center in a more passive role, letting someone else take the lead.
2. Check Investment & Job Benchmarks
Confirm that your investment meets required thresholds and plan how to create or keep the required number of jobs.
3. Gather Proof Of Funds
Collect employment, tax, business, or inheritance records to prove you’ve obtained your funds in a prescribed way.
4. File Form I-526
Fill out and submit Form I-526, Immigrant Petition by Standalone Investor.
5. Adjust Your Status Or Apply For A Visa
If you’re already in the U.S., file Form I-485, Application to Register Permanent Residence or Adjust Status concurrently with your immigrant petition. Upon approval, you’ll receive your two-year Green Card.
If applying abroad, wait for approval of your petition, then submit Form DS-260 and attend a visa interview at the U.S. Embassy or Consulate in your country.
6. Remove Conditions From Your Green Card
Keep an eye on when your conditional Green Card expires. Make sure to file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status within 90 days before the expiration date.
EB-5 Alternatives: E-2 Treaty Investor Visa
Not ready for an investment of $800,000 to $1,050,000? There’s another investor visa option you may want to consider: the E-2 treaty investor visa.
This nonimmigrant visa is a great choice if you’re coming from a treaty country and want to invest a substantial amount in a U.S.-based business.
To qualify for an E-2 visa:
- You must be a citizen of a country that has a treaty relationship with the U.S.
- Your investment must be used to run the business.
- You must own at least 50% (or a controlling interest) of the business.
- You must intend to direct and develop the business.
- You must leave the U.S. when your E-2 visa expires.
Experienced Investor Visa Representation for Entrepreneurs in Los Angeles
With six decades of experience, our Los Angeles lawyers offer hands-on support for your investor journey, from outlining your strategy to filling out and organizing documents.
EB-5 Visa Lawyer In Los Angeles: FAQs
What Is The EB-5 Visa Program?
The EB-5 visa is a U.S. immigration program that allows foreign investors to get a Green Card by investing in a qualifying U.S. business that creates jobs.
How Much Do I Need To Invest For An EB-5 Visa In Los Angeles?
You must invest $1,050,000 in a U.S. business or $800,000 if the project is in a targeted employment area.
What Is A Targeted Employment Area?
A TEA is either a rural region or a place where jobs are scarce. More specifically, these are areas with an unemployment rate that meets or exceeds 150% of the U.S. average.
Can My Family Come With Me To Los Angeles If I Have An EB-5 Visa?
Yes, you can bring your spouse and unmarried children under 21 to the United States as derivative applicants.
Do I Have To Run The Business I Invest In Myself?
If you invest directly, you must be actively involved in the operations. If you invest through a regional center, you can take a more passive role.
What Is An EB-5 Regional Center?
An EB-5 regional center is an organization approved by the USCIS. It uses investor funds for various large projects, helping investors meet job creation requirements more easily.
How Many Jobs Must My Investment Create In Los Angeles?
Your investment must create or preserve at least 10 full-time U.S. jobs.
How Long Does It Take To Get An EB-5 Visa?
Processing times vary and can extend to several years from filing to receiving a conditional Green Card. Use the USCIS processing times tool to track the timeline for Form I-526.
What Is A Conditional Green Card?
A Conditional Green Card is a two-year document granted to EB-5 investors, allowing them to live and work in the United States.
How Do I Remove Conditions On My EB-5 Green Card?
To remove conditions from your investor Green Card, file Form I-829 within 90 days before your conditional Green Card expires. Note that you must show you have met the job creation requirements.
Can I Invest In Real Estate In Los Angeles?
Absolutely. Make sure your investment meets program requirements.
Can I Borrow Money To Make My EB-5 Investment?
Yes, you can use a loan, but it must be secured by your personal assets. You must also provide evidence of the lawful source.
How Do I Prove My Investment Funds Are Legal?
To show your funds are legal, use tax returns, bank records, business contracts, or property sale agreements.
Can I Apply For EB-5 If I Am Already In The US?
Yes, if you’re already in the United States on a valid visa, you may be able to adjust your status by filing Form I-485.
Can I Apply For EB-5 From Outside The US?
Certainly. To apply for an EB-5 visa outside the U.S., you’ll need to go through consular processing at a U.S. Embassy or Consulate.
Is There A Cap On EB-5 Visas Issued Every Year?
Yes. There are about 10,000 EB-5 visas available each year. This number also includes the visas for investors’ family members.
Do EB-5 Investors Pay US Taxes?
Yes. In addition to having Green Card benefits, lawful permanent residents also have obligations. They must pay U.S. taxes on their worldwide income.
What Happens If My EB-5 Project In Los Angeles Fails?
If the project fails and you can’t meet job creation requirements, your petition may be denied and you could lose your immigration status.
Can I Sell My EB-5 Investment After Approval?
You must keep your investment until your I-829 petition is approved, usually at least two years.
Can My Children Study In The U.S. With An EB-5 Visa?
Yes, your children can attend U.S. schools and universities as Green Card holders.
Can EB-5 Investors Become U.S. Citizens?
Yes. After maintaining permanent residency for five years, you may apply for U.S. citizenship.
Do I Need To Live Nearby If I Invest In A Business In Los Angeles?
No. You can live anywhere in the United States, regardless of where your investment is located.
Is There Premium Processing For EB-5 Petitions?
No, currently USCIS doesn’t have premium processing for EB-5 petitions.
Can Multiple People Invest In The Same EB-5 Project?
Yes, that’s possible. However, each investor should meet the EB-5 visa requirements related to investment amount and minimum 10 jobs per investment.
What Are The Main Risks Of The EB-5 Program?
The biggest risks include project failure and not creating the required number of jobs.
How Is The EB-5 Different From The E-2 Visa?
An EB-5 visa allows you to apply for a Green Card. The E-2 is a temporary visa available only to nationals of treaty countries.
Why Should I Hire An EB-5 Visa Lawyer In Los Angeles?
The EB-5 process is complex and includes lots of requirements, steps, and documents. A Los Angeles EB-5 attorney will ensure your investment meets USCIS rules, helping you avoid costly mistakes and protecting your immigration future.
Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.
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