EB-5 Investor-Based Immigration Lawyers in Miami

Assisting Clients With EB-5 Investor-Based Immigration Matters in Florida

Thousands of successful businesses throughout the United States thrive because of the hard work of immigrants. Many foreign-born entrepreneurs and investors come to the U.S., create jobs, and help the economy flourish. This process requires capable legal guidance from attorneys who possess a nuanced understanding of U.S. immigration law.

Kurzban Kurzban Tetzeli & Pratt, P.A., is a prominent firm based in Coral Gables. We are renowned in Florida and throughout the United States for our innovation, knowledge, and experience in immigration law. Our founding attorney, Ira J. Kurzban, Esq., is the author of the widely referenced Kurzban’s Immigration Law Sourcebook, now in its 16th edition. Mr. Kurzban and equity partner John P. Pratt are recognized by The Florida Bar as experts in immigration law.

Call Kurzban Kurzban Tetzeli & Pratt today at (786) 788-8557 or contact us online to schedule a consultation with our Miami EB-5 investor-based immigration attorney.

Who Qualifies for an EB-5 Visa?

In 1990, under the Immigration Act, Congress established a program to encourage immigrant investment in the U.S. economy. On March 15, 2022, the EB-5 Reform and Integrity Act of 2022 (“RIA”) was enacted, introducing significant changes to the program. Under the EB-5 program, the United States Citizenship and Immigration Services sets aside EB-5 investor/employment creation visas for up to 10,000 foreign nationals every year. The RIA has made it possible to allocate more visas to nationals of previously visa-backlogged countries (China, India, Vietnam), allowing investors from these countries to obtain EB-5 visas bypassing the backlog.

Investors have a choice to invest in their own business compliant with EB-5 regulations (direct EB-5) or in ready-made projects operated by designated regional centers pooling funds together with other immigrant investors (Regional Center EB-5 Program).

To qualify for such a visa, applicants must:

• Invest $800,000 in a project located in a targeted employment area (rural or high unemployment) or in an infrastructure project
• Invest $1,050,000 in a project or other commercial enterprises located in non-targeted employment areas
• Keep investment “at-risk” in the project for the required time
• Create or preserve at least 10 jobs for qualified U.S. workers for the required time
• Prove that invested funds derive from documented and legitimate sources (salary, gifts, capital gains, inheritance, etc.)

Most investments for EB-5 are made through development projects operated by regional centers and involve passive investment, where required jobs are created by the project.

The RIA provides investors with benefits, including concurrent filing for adjustment of status (for eligible investors already in the U.S.), statutory deadlines for the adjudication of petitions, and a shorter sustainment period.

If you meet these qualifications, our immigration lawyers can represent you. We guide our clients through the application process, using our extensive experience to advocate for their qualifications. Our attorneys can also help ensure worksite compliance and assist companies in establishing efficient immigration policies.

Frequently Asked Questions

What is the EB-5 Reform & Integrity Act of 2022, and How Does it Affect Investors?

The EB-5 Reform & Integrity Act of 2022 was enacted to improve the transparency and integrity of the EB-5 program. It introduces measures such as enhanced scrutiny of regional centers, new fund management requirements, and increased investor protection. The Act aims to streamline processes, protect applicants, and promote more equitable visa distribution, particularly benefiting nationals from backlogged countries such as China, India, and Vietnam.

How long does the EB-5 visa process take, and What Factors Influence the Timeline?

The duration of the EB-5 visa process can vary depending on several factors, including the applicant's country of origin and the complexity of their case. Typically, the initial petition process can take several months to several years. New regulations aim to expedite adjudications and provide more apparent timelines for applicants. Our firm assists in expediting processes wherever possible, ensuring all requirements are met and applications remain compliant to prevent unnecessary delays.

Can I Work in the U.S. While My EB-5 Application is Processing, and What Alternatives are Available?

EB-5 visa applicants are not automatically granted work authorization while their application is under review. However, those physically present in the U.S. on another valid visa may seek employment authorization through alternative paths. Our legal team can advise on best practices to maintain lawful status and navigate employment options during this period, ensuring all activities comply with immigration law.

Contact Our Miami EB-5 Investor-Based Immigration Attorney Today

If you're ready to take the next step toward U.S. residency through the EB-5 Immigrant Investor Program, our Miami EB-5 investor-based immigration lawyer will guide you. We provide personalized legal support to investors and their families seeking to navigate the complex EB-5 process with confidence. Whether you're just starting your investment process or need assistance with petition filing, compliance, or visa processing, we're here to help. Contact us today to schedule a consultation and discover how we can help turn your investment into a pathway to permanent residency in the United States.

Whether you live in Miami or elsewhere in the U.S., Kurzban Kurzban Tetzeli & Pratt, P.A. can provide the guidance you need regarding EB-5 visas. Discuss the details of your commercial enterprise or investments with our EB-5 investor-based immigration lawyers in Miami. Call (786) 788-8557 or contact our firm online.