EB5 Visa Attorney in Landover

Helping Clients with EB-3 & EB-5 Visas in Maryland

United States employment-based (EB) visas allow qualified workers and investors to live and conduct business lawfully in the US. Two of the EB visas that our firm commonly deals with are the EB-3 and EB-5. The EB-3 visa allows skilled and unskilled workers to legally work in the US, while the EB-5 is available for investors. 

At Zenith Law Firm, we understand that obtaining one of these visas could be crucial for your career and livelihood. Allow us to guide you through the application process. Thousands in Maryland, Virginia, and Washington, DC, have turned to us for business immigration law matters since 2010. With our depth of experience as EB5 visa attorneys in Landover, you can confidently put your legal needs into our hands. 

Ready to start your EB-3 or EB-5 visa journey? Call us at (240) 652-2557 or contact us online form to schedule a consultation with our experienced Landover EB5 visa lawyer today!

Who Is Eligible for EB-3 & EB-5 Visas?

You may be eligible for an EB-3 visa if you are:

• A skilled worker with 2+ years of experience or someone who has a relevant post-secondary degree
• A professional in your field with an equivalent of a US bachelor’s degree
• An unskilled worker capable of performing relevant labor for your prospective job

In each of these situations, you must seek to fulfill a position for which there are no qualified workers in the US. You may be eligible for an EB-5 visa if you are a foreign investor willing to invest significant capital in a US commercial enterprise. 

The specific eligibility requirements include:

• An investment amount of a million dollars or more
• Investments that create at least 10 US jobs

To maximize your chance of approval, it's important to have a comprehensive business plan that clearly outlines how your investment will fulfill all necessary requirements, such as job creation. Moreover, understanding the nuanced distinctions between a direct and regional center investment can guide your decision and potentially streamline the approval process. 

The above are general requirements. These can vary depending on whether you are investing in an enterprise in a “targeted area” (a rural area or one with significant unemployment) or a regional center. The same applies to investments in struggling businesses. 

What Forms Are Required For EB-3 & EB-5 Visas?

Applying for EB-3 and EB-5 visas requires completing and submitting various forms. For EB-3 visas, your employer must complete and file Form I-140, Immigrant Petition for Alien Workers. Your employer’s form also needs to include evidence that they can pay your agreed-upon wage. 

For EB-5 visas, you will need to file multiple forms, starting with Form I-526, Immigrant Petition by Standalone Investor, or Form I-526E, Immigrant Petition by Regional Center Investor. 

Additionally, you may need to file:

• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form DS-260, Application for Immigrant Visa and Alien Registration
• Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status

Understanding the intricacies of each form, including the evidence required, is critical. This might involve gathering substantial documentation on employment offers or investment sources, which can often be complex and time-sensitive. Our Landover-based immigration team excels in ensuring all paperwork meets USCIS requirements to prevent unnecessary delays. 

Unsurprisingly, determining your eligibility for an EB-3 or EB-5 visa and properly applying for either is complex. This is why the assistance of an experienced immigration attorney, such as ours at Zenith Law Firm, can be invaluable. 

Can You Become a Permanent Resident with an EB-3 or EB-5 Visa?

Yes, with both employment-based immigration visas, you can become a permanent resident. You may also seek permanent residency for your spouse or children. Obtaining a green card requires a separate application process in which you must demonstrate that you are eligible. 

Becoming a permanent resident is a significant step, allowing access to benefits such as the ability to reside permanently in the US, work without restrictions, and eventually apply for naturalized citizenship. However, it requires adherence to certain residency requirements and continuous compliance with immigration statutes, which our firm is adept at helping clients navigate. 

Unsurprisingly, determining your eligibility for an EB-3 or EB-5 visa and properly applying for either is complex. This is why the assistance of an experienced immigration attorney, such as ours at Zenith Law Firm, can be invaluable. 

Difference Between EB-3 and EB-5 Visas

The EB-3 and EB-5 visas are both employment-based immigrant visas but are designed for different types of applicants and have distinct eligibility requirements.

EB-3 Visa:

• Who it’s for: Skilled workers, professionals, and unskilled workers.
• Eligibility:
  • Skilled workers with at least 2 years of experience or a relevant post-secondary degree.
  • Professionals with a U.S. bachelor’s degree or its equivalent.
  • Unskilled workers who can perform jobs with less than 2 years of experience.
• Benefits:
  • Opportunity to live and work in the U.S.
  • Eligible for permanent residency (green card) for the applicant and their immediate family.

EB-5 Visa:

• Who it’s for: Foreign investors who invest in U.S. businesses.
• Eligibility:
  • An investment of $1 million (or $500,000 in a targeted employment area).
  • The investment must create at least 10 full-time US jobs.
• Benefits:
  • The ability to obtain a green card for the investor and immediate family members.
  • Can invest in a regional center or a direct business.

For many, choosing between the EB-3 and EB-5 visa avenues hinges on their professional qualifications and financial capabilities. Those navigating these options should consider long-term paths, as pursuing an EB-3 visa could be advantageous for career-focused individuals, whereas the EB-5 might align better with those seeking to establish a significant investment footprint in the U.S. Understanding these differences can help you decide which visa is the best fit for your qualifications and goals.

Steps Involved in the EB-3 and EB-5 Application Process

The process for applying for both visas involves several steps:

EB-3 Visa Process:

1. Labor Certification: The employer must prove no qualified U.S. workers are available for the position.
2. Form I-140: The employer submits the Immigrant Petition for Alien Workers.
3. Form I-485: If already in the U.S., applicants can apply for adjustment of status. Otherwise, they apply through consular processing.

EB-5 Visa Process:

1. Investment: The applicant makes a qualifying investment in a U.S. business.
2. Form I-526: File the Immigrant Petition by Investor.
3. Form I-485 or DS-260: Apply for permanent residence, either from within the U.S. or through consular processing.
4. Form I-829: After two years, petition to remove conditions on residency.

Both processes require careful documentation and can take time, making the help of an experienced EB5 visa attorney in Landover valuable. Understanding timeframes and preparing meticulously can help avoid common pitfalls such as incomplete documentation or inadvertent errors, which can delay processing times significantly. 

Common Challenges in EB-3 & EB-5 Visa Applications

While applying for either visa, applicants often encounter common challenges:

• Delays: Processing times can be long, especially in high-demand categories. Delays are common due to backlogs or additional review requirements.
• Documentation Errors: Missing or incorrect information on forms or supporting documents can lead to delays or denials.
• Investment Misunderstanding: For EB-5 applicants, there’s often confusion about the types of investments that qualify and how the funds must be allocated.

These challenges emphasize the importance of having a knowledgeable EB5 visa lawyer in Landover who can proactively manage and anticipate issues before they arise. With our strategic approach, clients gain the assurance of having a dedicated partner by their side through every phase of their immigration journey. 

Understanding EB-5 Visa Regional Centers in Maryland

Regional Centers play a crucial role in the EB-5 visa program, offering foreign investors an avenue to qualify for visas through investments that spur economic growth. In Maryland, several USCIS-designated regional centers focus on sectors ranging from real estate to technology, enabling a diverse array of investment opportunities. The proximity to Landover makes these centers accessible to investors who aim to fulfill visa requirements while contributing to the local economy. Our firm can assist you in evaluating which centers align with your investment goals and ensure investments meet all legal stipulations.

Partnering with a regional center can often simplify the EB-5 process. Regional centers typically manage the details of job creation requirements, providing investors with a more hands-off approach. Investors in the Landover area can benefit from our firm’s local knowledge and connections to these centers, streamlining the process and enhancing the prospect of successful visa acquisition. Our experience navigating Maryland's specific legal landscape gives potential investors confidence and clarity.