WA Law Group has been successfully prepared and filed EB-5 petitions since 2006 and proud to state that we have exceptional track record in both I-526 and I-829 petitions thus far. Our Source of Fund (SOF) tracking is so complete that we had only received 3 Request for Evidence (FRE) on SOF in 12 years of doing EB-5 cases. WA Law Group’s Founding Partner, Jinhee Wilde, has been voted as Top 25 EB-5 immigration lawyers for multiple years (voted by thousands of attorneys, immigration brokers/agents, project developers and EB-5 investors).

Attorneys at WA Law Group are immigration lawyers not financial/investment advisers.  Our firm only helps investors with their immigration process and never advise on the investment options nor assist any regional centers or business side of EB-5 work.  We are quite unique in that our firm does not have lawyers working on both sides of the EB-5 transactions – business side and investor side – to avoid even any appearance of conflict.

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EB-5 Verified

EB-5 Overview and WA Law Group Services

The EB-5 category requires an investment of $1 million (or $500,000 in a Targeted Employment Area or rural area) in a commercial enterprise that will create 10 full-time, permanent U.S. jobs. The investor need not be involved in the day-to-day management of the business as long as the investor is involved in a policy making role of the business. One of the most important factors the investor have demonstrate to the USCIS is lawful source of investment funds, i.e., whether his or her own or funds given to him or her as a gift is from a lawful source. The permanent residence obtained by the investor is conditional for two years and could be made permanent at the end of the two years upon satisfying USCIS that the investment is still invested and active and the requisite 10 jobs have been created.

The investor may invest in his or her own commercial enterprise or in a pre-approved “regional center”. Regional centers are geographical areas for which USCIS has determined that investments will create the necessary 10 jobs per investor in the geographical area. One of the benefits of investing in a regional center is that indirect job creation may also be counted toward satisfying the 10 requisite job-creation.

Our firm has successfully prepared and filed large numbers of EB-5 petitions and proud to state that we have 100% approval record thus far. Preparing and filing EB-5 petition with clear and substantial documentation has been the key to our success. Finally, the firm also works with the investor with the condition removal petition and ultimately, an application for naturalization as U.S. citizenship.

WA Law Group EB-5 Services

Services Offered Advise on Source of Fund documentation for an EB-5 investor eligibility:
  • Advise on Source of Fund documentation for an EB-5 investor eligibility;
  • Respond to questions regarding the EB-5 process;
  • Gather, review, analyze and organize information and documentation on the lawful source of funds and tracking of fund movement resulting in the EB-5 investment;
  • Gather, review, analyze and present information and documentation about the regional center project;
  • Prepare and file I-526 petition package;
  • Prepare and file I-485 or DS-230 applications; and
  • Prepare and file I-829 condition removal petition.

Sample I-526 and I-829 Approval Notices (redacted)

EB-5 Frequent Questions & Answers

  • What is the procedure for an investor to qualify as an immigrant based upon the investment?

    Form I-526, “Immigrant Petition by Alien Entrepreneur,” must be filed with USCIS. The petition must be supported by a substantial amount of documentation proving that the investor’s source of funds is from a lawful source and that business enterprise would create requisite number of jobs. Once the petition is approved, the investor may either apply for an immigrant visa at a U.S. Consulate or, if the investor is in the United States, apply for adjustment of status to permanent residence.

  • What is the minimum amount of investment required?

    The EB-5 minimum investment amount is generally $1 million. Minimum investment amount in TEA “targeted employment areas (high unemployment area),” is $500,000. Please note that investing in a Regional Center project does not automatically qualify you to invest only $500,000 – each Regional Center project must also prove that their project is located in TEA.

  • Must the investor have any specific relationship with the U.S. business in which the investment is made?

    The investor need not own any specific percentage of the business, be an officer of the business or be an employee of the business. However, the investor must be engaged in the business, whether through actual day-to-day managerial control, by being a member of the board of directors, by being a limited partner. Passive investment in a real estate, for example, is not sufficient.

  • When must the employment be created?

    The EB-5 petition must document that the required 10 jobs to be created within 2 years and 6 months following the I-526 petition approval.

  • Must the investment result in the creation of employment for U.S. workers?

    EB-5 program is designed to be a job creating investment program. The most important factor in EB-5 investment is not how much money will the project make, but how many jobs will the project create. The investment must create full-time, permanent employment for at least 10 U.S. workers. Jobs must last more than 2 years, but optimally until Removal of condition is approved. The required 10 positions cannot include the investor or the investor’s spouse or children. For approved regional centers, the creation of employment could include indirect employment.

  • Is the immigration status granted to the investor valid indefinitely?

    The initial permanent resident status granted to the investor is a “conditional permanent resident status” that is valid for two years. The investor and family members are required to remove the condition by filing an application during the 90 day period prior to the expiration of this 2 year residency. The petition will be required to demonstrate the continuation of the business, the investment of the requisite amount of capital and the creation of the required number of jobs.

  • Do all family members get conditional permanent residence status at the same time?

    The investor, his or her spouse and unmarried children under 21 years could obtain permanent residence at the same time and through a single investment.

  • Is the investor free to travel after obtaining conditional permanent resident status?

    The investor is free to travel in and out of the United States subject to the rules generally applicable to permanent residents. Specifically, the investor must maintain a residence in the United States and must not be outside the United States for a continuous period of one year or more, unless they have obtained a reentry permit.

  • What is the timing of this process?

    Currently, I-526 petition adjudication is taking nearly 15 months by USCIS. Once the petition is approved, I-485 adjustment of status or DS-230 Immigrant Visa to actually obtain the conditional permanent residency generally takes between 4-6 months depending upon whether the investor is in the U.S. or outside.

  • What documents must be filed with the petition?

    Documentation must prove the actual transfer or commitment of funds; the lawful source of the investor’s funds; the location of the investment in a targeted employment area (if the investment is less than $1 million); the investment in a new commercial enterprise; the involvement of the investor in the business; and the actual creation of 10 full-time positions or a comprehensive business plan showing the need for the 10 employees and the approximate dates when they will be hired. Specific additional documents will be required depending upon the details of the investor and the investment being made.

  • What documentation must be presented to prove that the investor’s funds came from a lawful source?

    Generally, the investor will present some combination of individual and/or business tax returns, employment records, documentation regarding sale of or dividends from a business, documentation regarding gifts or inheritance, and documentation regarding securities or real estate transactions.

  • Could all of the invested funds be a gift?

    Yes. However, in that case, the person giving the gift must prove the lawful source of the gifted funds.