Investor Visa
Application

JLG advises investors and entrepreneurs on U.S. investor visa options, including EB-5 and E-2. Our attorneys handle the full lifecycle of these matters, from strategic planning and project evaluation to application preparation and post-filing compliance—while also providing representation in EB-5 related disputes. We work closely with clients to assess opportunities, manage risk, and implement practical strategies that align immigration objectives with long-term investment goals.

EB-5 Investment Program

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What is the EB-5 Immigrant Investor Program?

The EB-5 Immigrant Investor Program, administered by U.S. Citizenship and Immigration Services, allows foreign investors (and their spouses and unmarried children under 21) to obtain U.S. permanent residency by making a qualifying investment in a U.S. commercial enterprise and creating jobs for U.S. workers. As part of the employment-based fifth preference category, EB-5 provides a direct pathway to a Green Card through investment.

The EB-5 program is not merely an immigration application, it is a long-term investment framework, typically spanning 5 to 9 years, that combines capital deployment, legal strategy, and regulatory compliance.

What are the Key Requirements of the EB-5 Program?

Minimum Investment Amount:

$800,000 in a Targeted Employment Area (TEA)
$1,050,000 in a non-TEA (standard) area

At-Risk Investment:
Investment funds must be placed at risk in a real business enterprise, with no guarantee of return or repayment.

Job Creation:
Each investment must create or preserve at least 10 full-time jobs for qualified U.S. workers.

Conditional Permanent Residency:
Investors are first granted a two-year conditional Green Card. Upon meeting program requirements and approval of Form I-829, conditions are removed and permanent residency is obtained.

Why is EB-5 More Than Just an Immigration Process?

EB-5 is fundamentally a long-term investment structure in which immigration outcomes and financial results are closely linked. Both Green Card approval and capital recovery depend on project performance, compliance with regulatory requirements, and the integrity of the investment structure. A well-structured EB-5 investment aligns legal strategy with financial execution, helping investors manage risk while pursuing both immigration and investment goals.

How Does the EB-5 Application Process Work?

Project Selection
The process begins with selecting a qualified EB-5 project. This stage involves evaluating immigration eligibility alongside the project’s financial structure, job creation model, and overall business viability.

I-526E Petition Filing
Investors file Form I-526E with U.S. Citizenship and Immigration Services, submitting documentation on lawful source of funds, proof of investment, and capital deployment into the project.

Adjustment of Status or Consular Processing
After I-526E approval, applicants proceed through:

Form I-485 (if in the U.S.), or
National Visa Center (NVC) processing (if abroad)

This results in two-year conditional permanent residency.

Conditional Permanent Residency Period
During this stage, the investment must remain “at risk,” and the project must create the required jobs. Ongoing monitoring of project progress and compliance is critical.

I-829 Petition (Removal of Conditions)
Investors file Form I-829 to demonstrate sustained investment and the creation of at least 10 qualifying U.S. jobs. Upon I-829 approval, conditions are removed, and the investor receives a permanent Green Card.

How to Identify Fraud at Different Stages?

The EB-5 program has historically faced risks such as misrepresentation of project details, fraudulent regional centers, misappropriation of funds, and failure to meet job creation requirements. Identifying red flags early is critical.

Before Filing I-526E

Conduct thorough due diligence on the project and regional center
Verify developer track record and project feasibility
Consult legal and financial professionals

After Filing I-526E

Request regular project updates
Review compliance and capital deployment status
Engage legal counsel to monitor risk exposure

I-485 / NVC Stage

Stay informed of project progress and potential delays
Respond promptly to RFEs (Requests for Evidence)
Ensure consistency and accuracy across all filings

Conditional Permanent Residency

Monitor job creation progress and compliance metrics
Track the project’s financial health and execution status

I-829 Stage

Prepare comprehensive documentation proving sustained investment
Anticipate potential USCIS audits and heightened scrutiny

Why is Due Diligence Critical in EB-5 Investments?

Immigration Feasibility

Alignment between projected and required job creation
Sustainability of job creation under delays
Track record of similar project approvals

Capital Structure and Risk Position

Level of senior bank debt
Developer’s equity contribution
EB-5 capital proportion within total funding
Priority of repayment

Project Management Track Record

Experience with similar developments
History of repayment to EB-5 investors
Execution capability

Capital Utilization and Oversight

Clear plan for use of funds
Realistic budgeting
Strong capital management framework

Exit Strategy

Defined repayment mechanisms (refinancing or sale)
Flexibility under changing market conditions

What are JLG’s Specializations in EB-5 Matters?

Our legal team provides high-level representation for EB-5 investors, with a focus on fraud prevention, litigation, and comprehensive immigration support. We help clients navigate the complexities of the EB-5 program, protect their investments, and maintain lawful immigration status throughout the process.

EB-5 Fraud and Investment Litigation

Representation in disputes against fraudulent EB-5 projects and regional centers
Protection of investor rights and recovery strategies for compromised investments

Collaboration with Federal Authorities

Assistance in submitting evidence to federal agencies, including cooperation with investigations involving EB-5 fraud
Strategic coordination to strengthen case credibility and enforcement outcomes

Immigration Litigation and Defense

Defense in removal proceedings and complex immigration matters
Motions to reopen or reconsider based on new evidence or legal arguments

FOIA and Case Transparency

Filing Freedom of Information Act requests to obtain immigration records
Analysis of government records to support case strategy

USCIS Petition Support and Adjudication Strategy

Preparation and submission of petitions and supporting documentation
Comprehensive responses to RFEs (Requests for Evidence) and NOIDs (Notices of Intent to Deny)

Status Maintenance and Interim Solutions

Assistance with I-551 (ADIT Stamp) applications as temporary proof of permanent residency
Ongoing guidance to maintain lawful status during extended adjudication periods

Our approach goes beyond standard petition filing. We provide end-to-end legal support, from initial investment evaluation to final resolution, integrating immigration strategy with investment risk management. This ensures that both your Green Card outcome and capital protection are addressed at every stage of the EB-5 process.

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E-2 Treaty Investors

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What is the E-2 Treaty Investor Visa?

The E-2 visa allows nationals of treaty countries (countries that maintain a treaty of commerce and navigation with the United States) to live and work in the U.S. by investing a substantial amount of capital in a U.S. business. In addition to the principal investor, certain employees and qualifying family members (spouse and unmarried children under 21) may also be eligible under this classification.

What are the Key Requirements for an E-2 Visa?

Treaty Country Nationality
The applicant must be a citizen of a qualifying treaty country.

Substantial Investment
The investment must be substantial relative to the total cost of the business and sufficient to ensure its successful operation.

At-Risk and Committed Capital
Funds must be lawfully obtained, placed “at risk,” and irrevocably committed to the enterprise.

Real and Operating Enterprise
The business must be an active, for-profit commercial enterprise producing goods or services.

Non-Marginal Business
The enterprise must generate more than minimal income—either currently or in the near future—and should have the capacity to create jobs or contribute economically.

Control and Direction
The investor must demonstrate ownership (typically at least 50%) or operational control, and the ability to develop and direct the business.

What is Required for an E-2 Visa Application?

E-2 applications typically require documentation across four core categories:

Ownership and Nationality

Proof of citizenship of a treaty country
Evidence of ownership and control of the U.S. business

Investment Evidence

Documentation showing the amount and source of investment funds
Proof that funds are committed and at risk

Note: For start-ups, a detailed 5-year business plan is critical. It should include financial projections, hiring plans, and operational strategy, and is often a key factor in approval.

Role and Business Function

Description of the applicant’s executive, supervisory, or specialized role
Evidence that the role is essential to the success of the enterprise

Immigration Documentation

Current immigration status documents (if applying from within the U.S.)
Visa application materials (if applying through consular processing)

Family Members
If married, include a marriage certificate and immigration documents for each dependent family member.

How Does the E-2 Application Process Work?

Business Formation and Investment Structuring
Establish or acquire a U.S. business and structure the investment to meet E-2 requirements.

Document Preparation
Compile evidence of investment, ownership, business operations, and the applicant’s role.

Filing or Consular Processing

Apply through a U.S. consulate abroad, or
File a change of status if already in the U.S.

Visa Issuance and Entry
Upon approval, the investor may enter the U.S. to develop and direct the business.

Ongoing Compliance
Maintain active business operations and ensure the enterprise continues to meet E-2 requirements for renewals.

Why is Strategic Planning Important for E-2?

Unlike EB-5, the E-2 visa is not a passive investment—it requires active business management and ongoing compliance. Success depends on aligning business viability, financial structure, and immigration strategy, particularly in demonstrating that the business is real, substantial, and non-marginal.

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