What records do you need to prove that my investment funds come from lawful sources?

We typically need comprehensive documentation tracing the path of funds from their origin to the investment project, including tax returns, bank statements, property sale documents, business records, or inheritance documentation. The specific requirements vary based on your unique financial situation, with more complex sources requiring more extensive documentation. USCIS scrutinizes source of funds documentation carefully, so we prepare thorough evidence packages that anticipate potential questions about the legitimacy of your investment capital.

What happens to my investment if my application is not approved?

If your EB-5 petition is denied, the return of your investment depends on the specific terms outlined in your investment agreement with the project or regional center. Most legitimate projects include provisions for returning funds if the investor's I-526 petition is denied, though there may be administrative fees or costs deducted from the returned amount. Our Pennsylvania EB-5 visa lawyer carefully reviews all investment agreements before our clients sign to ensure there are appropriate safeguards protecting your investment in case of petition denial.

When can I take my money out of the project (i.e., redeem my investment)?

EB-5 regulations require your investment to remain "at risk" throughout the period of your conditional permanent residency, which typically means a minimum investment period of approximately 5-7 years. The exact redemption timeline depends on your specific investment agreement, the project's business plan, and whether you've invested directly or through a regional center. Most investors can begin the redemption process after their I-829 petition to remove conditions on permanent residency has been approved, though market conditions and project performance will affect the actual return of capital.

What are the advantages of investing in a Pennsylvania-based EB-5 project?

Pennsylvania offers several advantages for EB-5 investors, including diverse regional center projects in major metropolitan areas like Philadelphia and Pittsburgh and numerous Targeted Employment Areas where the reduced investment amount of $800,000 applies. The state's stable economic environment across sectors like healthcare, education, technology, and manufacturing provides potentially secure investment opportunities with realistic job creation projections. Additionally, investing in the same state where you plan to reside allows for more direct oversight of your investment and easier access to project principals and documentation.

How does the process differ if I invest directly versus through a regional center?

Direct investment requires you to prove that you have created or preserved at least 10 direct, full-time jobs for qualifying employees that appear on your business's payroll. Regional center investments allow you to prove that you have satisfied the job creation requirement with an economic impact study that takes into account indirectly created jobs. Direct investments typically involve greater control and potentially higher returns but demand significant business management expertise and involvement, while regional center investments offer more convenience but potentially lower returns and additional administrative fees.

EB-5 Visa Lawyer | Immigrant Investor Visa Attorney

Immigrant Investor Visa Attorney Representing Investors and Regional Center Clients and Helping Other Attorneys Navigate the Complex Landscape of the EB-5 Program.

The stakes are always high when it comes to EB-5. For the investor, a denial represents an end to the dream of starting a new life as a lawful permanent resident of the United States. For the regional center, a denial represents not only the loss of a crucial funding source for a project, but also gives rise to obligations with respect to those who have already invested in the project.

Attorney David Santee has over a decade of experience in investment-based immigration cases, having worked on over 300 regional center and direct investment projects and for more than 90 immigrant investor applicants. Attorney Santee is often retained by other attorneys who need help getting past a difficult Request for Evidence or Notice of Intent to Deny issued by U.S. Citizenship and Immigration Services (USCIS).

The EB-5 Immigrant Investor Visa Explained

The EB-5 visa is an employment-based immigration pathway that allows foreign investors and their immediate family members to obtain permanent residency in the United States through qualifying investments in American businesses. Created by Congress in 1990, this program requires investors to make a substantial capital investment in a new commercial enterprise that creates at least ten full-time jobs for qualifying U.S. workers.

What distinguishes the EB-5 visa from other immigration pathways is its focus on economic development and job creation rather than family relationships or exceptional skills. Investors can choose between a direct investment in a small business that creates at least ten jobs or in a larger business through a USCIS-approved Regional Center that allows for indirect job creation.

The process requires extensive documentation to prove the lawful source of investment funds, a comprehensive business plan demonstrating job creation potential, and ongoing evidence that the investment remains at risk throughout the conditional residency period. While offering a relatively direct path to permanent residency, the EB-5 program involves complex financial, business, and immigration considerations that benefit from the legal guidance of our experienced EB-5 team.

The current EB-5 landscape reflects increased oversight following the EB-5 Reform and Integrity Act of 2022, resulting in fewer but higher-quality investment opportunities. Investors must exercise greater due diligence than in previous years, with processing times typically taking 2-3 years for initial petitions and an additional 1-2 years for removal of conditions.

The Requirements for EB-5 Petitioners

The EB-5 immigrant investor program has specific requirements that petitioners must meet:

Investment amount requirements:

Standard investment: $1,050,000 (as of March 2024)
Reduced investment in Targeted Employment Areas (TEAs): $800,000
Investment must be "at risk" with no guaranteed return

Job creation requirements:

Must create or preserve at least 10 full-time jobs for qualifying U.S. workers
Jobs must be created within 2 years of the investor's admission to the U.S. as a conditional permanent resident
Jobs can be direct (actual employees of the business) or indirect (calculated through economic models) if investing through a regional center

Source of funds requirements:

The investor must demonstrate that capital was obtained through lawful means
Comprehensive documentation of the path of funds required
Funds may include business income, investments, property sales, inheritance, gifts, or loans

Business requirements:

The investment must be in a new commercial enterprise established after November 29, 1990
The investor must be engaged in the management of the new commercial enterprise, either through the exercise of day-to-day managerial control or through policy formulation, as opposed to maintaining a purely passive role in regard to the investment
The business must benefit the U.S. economy

An experienced EB-5 visa lawyer can help navigate these complex requirements while developing a comprehensive application strategy tailored to your specific investment situation. We ensure your petition meets all USCIS standards, significantly improving your chances of approval.

Application Process Requirements

In addition to these requirements, there are also application process requirements. Upon approval of an EB-5 visa, the investor petitioner will need to file for an immigrant visa or adjustment of status. Once approved, you will receive conditional permanent residence for two years. You are required to file Form I-829 to remove conditions within the 90-day period before the two-year anniversary.

The investor must have no criminal history that would make them inadmissible. The investment will need to be maintained throughout the entirety of the conditional residence period, and any regional center investments must be made through a USCIS-approved regional center.

The EB-5 program is complex and subject to frequent regulatory and administrative changes, so working with an experienced EB-5 visa lawyer is highly recommended for investors.

Why You Should Choose the EB-5 Visa Lawyer at Santee Law Offices

The EB-5 immigrant investor visa process demands sophisticated legal guidance that addresses both complex immigration requirements and intricate business and financial considerations. At Santee Law Offices, we offer comprehensive representation that protects your path to permanent residency in the United States.

Our EB-5 visa attorneys provide distinct advantages:

Immigration law knowledge: Our knowledge of immigration law is not limited to EB-5. We represent clients in a wide variety of immigration matters, and we understand how the complex immigration system works. We identify any issues that might arise early in the process so that there are no surprises later on.
Source of funds experience: We excel at developing comprehensive documentation packages that clearly demonstrate the lawful origin of investment capital, a critical component of successful EB-5 petitions.
Ongoing support: We provide guidance throughout the conditional residency period, ensuring timely filings and proper maintenance of your investment to support the successful removal of conditions.

Choosing Santee Law Offices means partnering with attorneys who understand that your EB-5 case represents both a significant financial commitment and your family's future in the United States. Contact our immigrant investor visa attorney today to discuss how our unique approach to investment-based immigration can help you navigate the EB-5 process with confidence and clarity.

Services for Other EB-5 Lawyers

There may be nothing more stressful for an EB-5 lawyer than receiving a Request for Evidence (RFE), a Notice of Intent to Deny (NOID), or a Notice of Intent to Terminate (NOIT) from USCIS. These requests and notices are often confusing, contradictory, and filled with boilerplate language that has little to do with your case.

At Santee Law Offices, we have a very good track record of securing an approval following our response to these requests and notices, both for our own clients and as a consulting attorney. We view this situation as a crisis, one that requires a calm, methodical approach:

We identify each issue that is preventing USCIS from approving your application, which often requires us to “read between the lines”
We gather all of the evidence needed to satisfy USCIS on each issue. We can work directly with your client or, if you prefer, we can work behind the scenes.
We draft a written response to the request or notice for your signature. If necessary, we will draft addenda to supporting documents, such as the EB-5 business plan or the source of funds analysis.

For a discussion about how we can assist with your response to a USCIS request or notice, contact the experienced EB-5 team at Santee Law Offices. Let us help you overcome your obstacle and get your case approved . Please reach out today at 215-935-4481 or via our online contact form to schedule a case evaluation.

A Customized Approach to EB-5 Investment in Pennsylvania

We represent businesses from all over the U.S. and immigrant investors from all over the world. Our location near Philadelphia makes us especially suited to serve Pennsylvania businesses who are seeking foreign investment and foreign nationals who would like to invest in a Pennsylvania business. Pennsylvania has emerged as an attractive destination for EB-5 investors, with diverse investment opportunities across industries and numerous Targeted Employment Areas where investors can qualify for the reduced $800,000 investment threshold. Regional centers operating throughout the Commonwealth have established strong track records in creating compliant projects that satisfy job creation requirements while offering potential returns and pathways to permanent residency.

At Santee Law Offices, we understand the nuances of this locale and how they can be leveraged to benefit our clients. By choosing our firm, you are not only securing legal representation but also gaining a strategic partner who is committed to your success in navigating the EB-5 program and securing your future in the United States.

For a detailed discussion about how we can assist you with your EB-5 investment and residency plans, contact the experienced immigration attorneys at Santee Law Offices in Media, PA. Let us help you take the next step towards securing your family’s future in the U.S. Please reach out today at 215-935-4481 or via our online contact form to schedule a case evaluation.

Contact an Experienced Immigrant Investor Visa Attorney in Media, PA, at Santee Law Offices for a Case Evaluation

When navigating the complexities of the EB-5 Immigrant Investor Visa process, the precision of your legal strategy is crucial for the success and security of your investment and your family's future in the United States. Contact Santee Law Offices today at 215-935-4481 to schedule a confidential consultation with our seasoned EB-5 visa lawyer. During your consultation, we will meticulously review your investment plans and immigration goals, crafting a tailored strategy that maximizes your chances of achieving permanent residency through investment.

The EB-5 visa process requires careful and timely management of both financial and immigration details to ensure compliance with USCIS regulations and to secure your pathway to permanent residency. Whether you're exploring investment opportunities, navigating the application process, or finalizing the conditions of your residency, our firm's expertise ensures that every aspect of your case is handled with care and precision. Start your journey toward a secure future in the United States by reaching out to us today for comprehensive support in your EB-5 visa application.

EB-5 Visa Lawyer