Legal Insights: Common Challenges And Solutions In EB-5 Visa Applications

The EB-5 visa program offers several benefits as one of the more reliable ways to gain U.S. residency. As an applicant through the EB-5 visa program, you don’t have to be concerned about the U.S. visa quota system, sponsorship, or employment offer.

In addition, the acceptance rate for individuals who qualify for EB-5 is high compared to other immigration programs. However, there are some challenges. Let’s go through some of the common challenges and solutions in the EB-5 visa application process.

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Financial Risk

The United States Citizenship and Immigration Services (USCIS) has strict requirements for the EB-5 visa program. One of these requirements is that the applicant must invest a minimum of $1,800,000 in regular projects or $900,000 in projects in targeted employment areas.

A key restriction on the investment is that capital must remain at risk. This means that investment must be subject to either loss or gain, with no guarantees the invested amount will be returned. The investor has to bear the financial risk of investment for it to qualify as an EB-5 visa investment.

To help mitigate the financial risk, applicants can invest in projects within the targeted income areas or regional centers. Ideally, the applicant should work with an EB-5 visa attorney to complete the due diligence for the investment by considering several factors, including the project’s location and financial projections.

Job Creation

Another key challenge for EB-5 visa applicants is that they need to ensure their investment will yield at least 10 full-time jobs in the U.S. The requirements must be completed within two years of the investor’s admission to the U.S. The solution to this challenge is to work as a visa lawyer to create a viable business plan. In addition, the applicant must consider different strategies for job creation and invest sufficient capital to ensure the smooth progress of the investment.

Legality For The Source Of Funds

You must be able to demonstrate the legality of the funds used for the investment. Many applicants do not keep well-maintained financial records over the years and often need to gather such records at the time of application.

If you still have some time before you apply for the EB-5 program, you should start organizing your financial records. If you are struggling to compile financial records that can demonstrate the legality of the source of funds, work with a visa attorney who has experience in such situations.

EB-5 Visa – Regulatory Changes

The EB-5 program can have regulatory changes that can have a major impact on the application process or eligibility requirements. While applicants do not have any control over the regulatory changes, they can keep themselves up to date with them. This will allow applicants to meet the requirements of the regulations and make any necessary changes accordingly.

An experienced visa lawyer is typically well versed in immigration law and keeps themselves updated with the latest regulations. You can work with a visa lawyer to ensure your application meets all the regulatory requirements.

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