FAQs

The EB-5 program allows foreign nationals to obtain a U.S. green card (permanent residency) by investing in a U.S. business that creates jobs for American workers. Congress established it to stimulate economic growth through foreign investment and job creation.

Approximately 10,000 EB-5 visas are available annually for investors, their spouses, and unmarried children under 21. 3,000 visas are set aside for investments made through USCIS-designated Regional Centers.

To qualify, you must:

• Invest the required amount of capital

• Invest in a new commercial enterprise

• Create at least 10 full-time jobs for U.S. workers

As of the EB-5 Reform and Integrity Act of 2022, the minimum investment amounts are:

• $800,000 in a Targeted Employment Area (TEA)

• $1,050,000 in a non-TEA

Investments must be made with lawfully obtained funds and placed “at risk” for the purpose of generating a return.

A TEA is either a rural area or a location with high unemployment. Investments in TEAs qualify for the reduced capital requirement of $800,000.

A new commercial enterprise is a for-profit business created after November 29, 1990. It can be structured as a corporation, partnership, LLC, joint venture, or other business entity.

The investment must create at least 10 full-time jobs for qualifying U.S. workers. Jobs must be created within two years of the investor receiving conditional resident status.

Step 1: File Form I-526 (Immigrant Petition by Alien Investor) with documentation showing lawful source of funds, investment made, and job creation plans.

Step 2: If approved, apply for a conditional green card through:

• Form I-485 (Adjustment of Status) – if inside the U.S.

• Form DS-260 – if applying from abroad

Step 3: File Form I-829 within 90 days before your conditional green card expires to remove conditions and become a permanent resident.

No. The investor must use their capital, and the funds must be placed at risk. Loans to the commercial enterprise or investments in the form of debt (e.g., promissory notes) do not qualify.

Yes. A comprehensive business plan must outline how the investment will be used, how jobs will be created, and how the business will operate and generate revenue.

Under the EB-5 Reform and Integrity Act of 2022, the EB-5 Regional Center Program has been extended through September 30, 2027.

Failure to create the required 10 jobs may result in the denial of the I-829 petition, and you could lose your permanent resident status. Accurate planning and documentation are essential.

Employment-based sponsorship through a U.S. employer -Employment-based immigration is divided into preference categories from EB-1 to EB-4.

The EB-1 category is for:

• Individuals with extraordinary abilities (EB-1A)

• Outstanding professors or researchers (EB-1B)

• Multinational executives and managers (EB-1C)

You must show sustained national or international acclaim in fields like science, arts, business, education, or athletics. No employer or job offer is required.

You must either:

• Win a major international award (e.g., Nobel Prize), OR

• Meet at least 3 out of 10 criteria (e.g., published articles, judging others’ work, high salary, original contributions, etc.)

• No employer or job offer required

• No labor certification (PERM)

• Premium processing available (approval in 15 days or less)

You must:

• Be internationally recognized in a specific academic field

• Have at least 3 years of experience in teaching or research

• Have a job offer from a U.S. university or research institution

At least 2 out of 6 types of evidence, including awards, professional memberships, original research, scholarly publications, etc.

• Worked for a related company abroad for at least 1 year in the last 3 years

• Coming to the U.S. to work in an executive or managerial capacity

• U.S. employer must have been doing business for at least 1 year

No, but a U.S. job offer is required.

This category is for:

• • Professionals with an advanced degree (Master’s or higher)

  • Individuals with exceptional ability in sciences, arts, or business

You must show expertise significantly above what is normally encountered. Provide at least 3 out of 6 criteria like:

• Academic degree

• 10+ years of experience

• License or certification

• High salary

• Membership in a professional association

• Recognition for achievements

It allows a foreign national to bypass the job offer and labor certification if their work substantially benefits the U.S. in areas like science, education, or public health.

You must show:

• Your work has national importance

• You are well-positioned to carry it out

• Waiving the job requirement benefits the U.S.

• You deserve favorable discretion

• No employer or labor certification is needed

• Faster processing (1–2 years)

• Flexibility to work for any employer

• Apply for your family’s green cards at the same time

Yes, especially if they agree to work full-time in underserved areas for 5 years. A public health agency must also recommend them.

Nurses can apply under EB-2 if the job requires an advanced degree. Otherwise, they generally apply under EB-3.

This category includes:

• Professionals: With at least a bachelor’s degree

• Skilled Workers: Jobs requiring 2+ years of experience/training

• Unskilled Workers: Jobs needing less than 2 years of training

Includes:

• Religious workers

• Former U.S. government employees abroad

• Certain broadcasters, medical graduates, and Panama Canal workers

• Special Immigrant Juveniles (SIJ)

• U.S. Armed Forces veterans

• Victims of 9/11

It is the process an employer has to go through to hire a foreign national to work permanently in the United States and become a permanent resident

1. Consultation – Define job duties and requirements
2. Pre-Recruitment – Get prevailing wage determination
3. Recruitment – Advertise the job using DOL-approved methods
4. Filing ETA 9089 – Apply online
5. File Form I-140 – Immigrant petition with USCIS
6. File Form I-485 – Green card application when the priority date is current

• Labor certification: 6–9 months
• I-140 petition: 5–7 months
• I-485 application: 6–12 months (when the priority date is current)
  Backlogs may delay the process depending on country of birth and visa category.

Immediate relatives include:

• Spouses of U.S. citizens

• Parents of U.S. citizens (if the citizen is at least 21 years old)

• Unmarried children under 21 of U.S. citizens
  This is a preferred category, meaning visas are readily available.

Yes. A foreign national married to a U.S. citizen can apply for permanent resident status (green card), provided:

• The marriage was legally valid where it took place.

• The marriage still exists when applying (even if separated).

• The marriage was entered in good faith—not just for immigration benefits.

USCIS examines factors like how long the couple has known each other, how often they met before marrying, if they live together, and whether the marriage occurred during immigration proceedings.

If the couple has been married for less than two years at green card approval, the immigrant gets a conditional green card. After two years, they must file to remove the conditions or risk losing their status.

Yes, if:

• • They were married at the time of the U.S. citizen’s death.

  • They were not separated.

  • They have not remarried.

  • The petition is filed within two years of the spouse’s death.

  • They must file Form I-360 instead of the standard Form I-130.

Under the Violence Against Women Act (VAWA), spouses (or children) of abusive U.S. citizens or green card holders may self-petition for a green card without the abuser’s knowledge. They must show:

• A good faith marriage

• Co-residence with the abuser in the U.S.

• Evidence of battery or extreme cruelty

• Good moral character

A U.S. citizen can petition for:

• A biological child under 21 who is unmarried

• A child born out of wedlock (if certain conditions are met)

• A stepchild (if the step-relationship began before the child turned 18)

• An adopted child (if adopted before age 16 and other criteria are met)

Yes, if:

• • The adoption was finalized before the child turned 16

  • The child was in the legal custody and lived with the adoptive parent(s)

  • If adopted abroad, the adoption complies with the Hague Adoption Convention

The child must:

• Be under 16 years old when the petition is filed

• Reside in a Hague Convention country

• Have either two parents unable to care for the child or one parent due to death, abandonment, or disappearance

• Be legally free for adoption with consent from guardians

• Be adopted by at least one U.S. citizen (both spouses if married)

• Have the adoption finalized under the foreign country’s laws

Yes. A U.S. citizen who is 21 years or older can petition for their parents as immediate relatives.

The same legal definitions that apply to children (including adoptive and step relationships) are used to define who qualifies as a parent.

Yes, but they fall under family preference categories and may face long wait times. These include:

• F1: Unmarried adult sons/daughters of U.S. citizens

• F2A: Spouses and minor children of permanent residents

• F2B: Unmarried adult sons/daughters of permanent residents

• F3: Married sons/daughters of U.S. citizens

• F4: Brothers and sisters of U.S. citizens

Yes. Unlike immediate relatives, preference category applicants must wait for a visa to become available based on their priority date and country of origin.

– If you are already in the U.S. and eligible, Adjustment of Status may be more convenient.

– If you are outside the U.S. or prefer to process your application abroad, Consular Processing may be appropriate.

Each option has specific benefits and drawbacks based on your personal, legal, and immigration history.

– You can stay in the U.S. while your green card application is pending.

– You may apply for a work permit (EAD) and Advance Parole (travel document).

– You don’t need to maintain a valid nonimmigrant status after filing.

– You may change jobs under specific employment-based categories after 180 days.

– No interview is usually required for employment-based AOS.

– You may appeal a denial while remaining in the U.S.

– Processing times can be longer than Consular Processing.

– Criminal or immigration violations may make you ineligible.

– A denial may require you to start over with Consular Processing.

– Generally faster processing times compared to AOS.

– Easier to include family members living abroad.

– A good option if you’re currently outside the U.S..

– You cannot work or travel under this process unless you have a valid visa.

– You must maintain nonimmigrant status to work in the U.S. while waiting.

– You need police certificates from countries where you’ve lived for one year or more.

– Interview is mandatory at the U.S. consulate.

– Interview wait times vary by consulate and country.

Yes. You can request the switch by filing Form I-824 to transfer your approved petition from USCIS to the National Visa Center (NVC) for Consular Processing.

Yes. You can file Form I-485 with USCIS and notify the NVC of the change. Your Consular Processing case will be canceled, and your file will be transferred to the USCIS service center.

The NVC collects your application, supporting documents, and fees. Once your case is complete, it schedules your interview at the appropriate U.S. consulate or embassy.

F visas allow foreign students to study in the U.S., from elementary school through postdoctoral education. Their family members may come on F-2 visas. There are specific requirements to obtain and maintain this visa status.

M visas are for students enrolled in vocational or nonacademic programs in the U.S.

J visas are for exchange visitors coming to the U.S. under approved programs. These may be sponsored by private institutions, the U.S. government, or the student’s home country. Some J visa holders must return to their home country for two years before applying for another U.S. visa.

H-3 visas allow U.S. companies to bring foreign employees to participate in a formal training program. These visas are strictly reviewed and are meant to enhance the employee’s value to the company’s operations abroad.

H-1 visas are for professionals in specialty occupations. There are subcategories:

– H-1B: General specialty occupations

– H-1B1: Fast-track for specific countries

– H-1C: For nurses in underserved areas

– H-2A: For temporary agricultural workers

– H-2B: For certain skilled/unskilled non-agricultural workers

– Spouses and children receive H-4 visas.

L visas are for employees of international companies transferring to a U.S. branch.

– L-1A: For managers or executives

– L-1B: For those with specialized knowledge

Spouses and minor children can apply for L-2 visas.

E visas are for nationals of countries with a trade or investment treaty with the U.S.

– E-1: For those engaged in trade between the U.S. and their home country

– E-2: For investors overseeing U.S. operations

I visas are issued to foreign press members, including journalists in print, radio, TV, and film.

O visas are for individuals with extraordinary ability:

– O-1A: Sciences, education, business, athletics

– O-1B: Arts, TV, or film

– O-2: For essential support staff

There is no cap and no specific limit on duration.

P visas are for athletes and entertainers:

– P-1A: International athletes

– P-1B: Entertainers or groups

– P-2: Reciprocal cultural exchange programs

– P-3: Culturally unique artists/entertainers and their essential support staff

Q-1 visas are for participants in U.S.-approved international cultural exchange programs. Q-2 visas are specific to certain individuals from Northern Ireland.

R-1 visas are for ministers and religious workers. Their families may come on R-2 visas.

– A-1: Diplomats and high-ranking officials

– A-2: Government employees

– A-3: Personal staff of A-1 and A-2 visa holders

G visas are for foreign nationals working with international organizations like the UN. Categories range from G-1 to G-5 depending on role and recognition status.

C visas are for individuals transiting through the U.S.

– C-1: General Transit

– C-2: UN transit

– C-3: Foreign government officials in transit

D visas are for crew members serving onboard sea vessels or aircraft.

N visas are for certain family members (parents and children) of G-4 and NATO employees.

– S-5: For individuals with critical information about criminal organizations

– S-6: For individuals with info on terrorism

These are highly limited and granted for up to 3 years.

T visas protect victims of severe human trafficking who are helping law enforcement and are present in the U.S. or at a port of entry.

U visas are for victims of serious crimes who know about the crime and are assisting (or have assisted) in investigations or prosecutions.

Individuals who fear persecution in their home country may qualify for protection as refugees (applying from abroad) or asylees (applying from within the U.S.). To qualify, they must have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

A refugee applies for protection outside the U.S., usually through a U.S. embassy or the United Nations.

An asylee applies for protection inside the U.S. or at a U.S. port of entry.

– Affirmative Asylum: Filed with USCIS by someone not in removal proceedings.

– Defensive Asylum: Filed with the Immigration Court as a defense against deportation.

You must be physically present in the U.S. or at a U.S. port of entry and not in removal proceedings. The application is submitted using Form I-589 and must generally be filed within one year of your last arrival in the U.S. unless you can show changed or extraordinary circumstances.

Yes. If 150 days have passed since you filed your asylum application and no decision has been made, you may apply for an Employment Authorization Document (EAD) to work legally in the U.S.

Only if you first obtain Advance Parole from USCIS. Leaving without it will abandon your application. Even with Advance Parole, some applicants—especially those previously out of status may risk being denied reentry.

You will be scheduled to meet with an Asylum Officer, who will review your documents and ask questions to determine the credibility and strength of your claim. The interview is a critical part of the asylum process.

Approved applicants:

– Are authorized to work in the U.S.

– May receive resettlement assistance

– Can petition for family members (spouse and unmarried children under 21) to join them

– May apply for permanent residency after one year

– May apply for U.S. citizenship four years after receiving a green card

You may apply for permanent residency (green card) one year after being granted asylum or refugee status.

You may apply for naturalization four years after receiving your green card. One year of your asylee or refugee status counts toward the five-year requirement.

Your case will be referred to an Immigration Judge, and you will receive a Notice to Appear (Form I-862). This is not a final denial—you will have the chance to present your case again in Immigration Court, where the judge will make a new, independent decision.

Defensive asylum is requested when you are already in removal (deportation) proceedings. It is filed in Immigration Court to defend against being removed from the United States.

If USCIS denies your affirmative asylum application, your case may be referred to the Immigration Court.

If you are caught in the U.S. without legal status or trying to enter without documents, you may be placed into removal proceedings and claim asylum as a defense.

Withholding of Removal is a separate form of protection for individuals in removal proceedings. It is granted if the applicant proves that their life or freedom would be threatened in their home country due to a protected ground. The standard is “more likely than not” that persecution would occur.

It has a higher standard of proof than asylum.

It does not lead to permanent residency or allow family reunification.

It only prevents removal to the specific country where the applicant faces persecution.

Protection under CAT prevents the U.S. from removing someone from a country where they would likely face torture. Torture must be inflicted by or with the consent of a public official. Like Withholding of Removal, it does not lead to a green card but provides safety from removal.

Removal proceedings are legal proceedings held before an Immigration Judge decides whether a non-citizen should be removed (deported) from the United States.

The process begins when the government files a Notice to Appear (NTA) with the Immigration Court and serves a copy on the individual. This document lists the charges and allegations against the person known as the Respondent.

The Master Calendar Hearing is the first court appearance in a removal case. During this hearing, the Respondent must answer the government’s charges and may request a form of relief to avoid removal.

If you contest removal and request relief (such as asylum, cancellation of removal, etc.), the Immigration Judge will schedule a second hearing called the Merits Hearing or Individual Hearing, where your case will be fully presented and decided.

If you fail to appear, the Immigration Judge may order your removal in absentia (in your absence). It is extremely important to attend every scheduled hearing.

Our firm has helped clients seek many different types of relief, including:

– Asylum – for individuals who fear persecution in their home country

– Withholding of Removal – protection for those facing likely persecution

– Convention Against Torture (CAT) – protection for individuals who may face torture if returned

– Cancellation of Removal – available to some permanent residents and undocumented immigrants who meet certain requirements

– Adjustment of Status – applying for a green card while in proceedings

– Waivers – to forgive certain immigration violations or criminal issues

– Prosecutorial Discretion – asking the government to close or pause the case

– Nunc Pro Tunc Permission to Reapply – retroactive permission to return after removal

– Estoppel and Collateral Attacks – challenging prior removal orders

– Deferred Action – temporary protection from removal

– Voluntary Departure – permission to leave the U.S. on your own without a removal order

– Registry – for long-term residents who meet certain criteria

– Private Legislation – rare but possible relief through a bill passed by Congress

We have over 25 years of experience representing individuals in removal proceedings. We carefully review every case, identify potential defenses and relief options, and aggressively advocate for our clients in court. You won’t go through this process alone, we’re with you every step of the way.

Even after becoming a permanent resident, you may still need to file certain applications to maintain your status or take care of travel, work, or personal updates. Common applications include:

– Replacing a lost or expired green card

– Applying for a re-entry permit

– Requesting employment authorization in certain situations

– Updating your address with USCIS

You must file Form I-90 (Application to Replace Permanent Resident Card). You should file this if your green card is:

– Lost, stolen, or damaged

– Expired or will expire soon

– Containing incorrect or outdated information

– Never received after being approved

If you plan to travel outside the U.S. for more than 1 year but less than 2 years, you need a re-entry permit to maintain your permanent resident status. You must file Form I-131 (Application for Travel Document) before leaving the U.S.

Generally, green card holders do not need an Employment Authorization Document (EAD). However, some individuals—such as those with conditional residence or pending applications—may qualify to file Form I-765 to obtain temporary work authorization.

You are required to inform USCIS of any address change within 10 days. File Form AR-11 (Alien’s Change of Address Card) online or by mail to keep your records updated and avoid missing important notices.

Yes. We assist permanent and conditional permanent residents with all of these applications. We ensure the correct forms are filed, supporting documents are submitted, and deadlines are met. We make the process smooth and stress-free for you.

There are four main ways to become a U.S. citizen:

– By birth in the United States

– By acquisition of citizenship at birth abroad

– By automatic naturalization through parents

– By naturalization after becoming a lawful permanent resident

Anyone born within the jurisdiction of the United States (including most U.S. territories) is automatically a U.S. citizen, regardless of their parent’s immigration status.

Yes. A child born outside the U.S. may acquire citizenship at birth if:

Both parents were U.S. citizens and at least one resided in the U.S. at any time before the child’s birth, or

One parent was a U.S. citizen, and that parent was physically present in the U.S. for at least 5 years before the child’s birth (10 years if the child was born before November 14, 1986).

– A child born outside the U.S. may automatically become a citizen if:

– They were under 18 years old when their parent(s) naturalized

– They were a lawful permanent resident (green card holder)

– One parent was a U.S. citizen at the time, and either:

– Both parents were naturalized at the same time, or

– The other parent was a non-citizen who did not oppose the child’s citizenship

To become a citizen through naturalization, you must:

– Be at least 18 years old

– Be a lawful permanent resident (green card holder)

– Meet residency and physical presence requirements

– Demonstrate good moral character

– Show ability in English and U.S. civics

– Take the Oath of Allegiance

It means you have been granted a green card legally. If your status was obtained through fraud, misrepresentation, or government error, you are not eligible for naturalization.

You must:

– Have lived continuously in the U.S. for 5 years (or 3 years if married to a U.S. citizen)

– Be physically present in the U.S. for at least half of that time (about 913 days in 5 years)

– Have lived in the state or USCIS district where you apply for at least 3 months

Note: Long trips abroad (especially over 6 months) may disrupt your residence requirement unless you can prove you didn’t abandon your U.S. residence.

You must show good moral character for the 5 years (or 3 years if applying based on marriage to a U.S. citizen) leading up to your application. Convictions for murder, aggravated felonies, or other serious offenses may permanently bar you from naturalization.

Yes, unless you qualify for an exemption:

– 50/20 Rule: You’re 50 years or older and have been a green card holder for 20 years

– 55/15 Rule: You’re 55 years or older and have had a green card for 15 years

– You have a medical disability that prevents you from learning English (must be medically documented)

You must pass a civics test covering U.S. history and government. You’ll be asked 10 questions, and you must answer at least 6 correctly. The study guide with 100 questions and answers is available on the USCIS website.

If you’re 65 or older and have been a permanent resident for 20 years, you’ll get a simplified test with fewer and easier questions.

The final step in becoming a U.S. citizen is taking the Oath of Allegiance, where you pledge to:

– Support the U.S. Constitution

– Obey U.S. laws

– Renounce foreign allegiances or titles

– Serve the U.S. government or military if required

Yes. If your immigration case was denied by USCIS, Immigration and Customs Enforcement (ICE), or an Immigration Judge, you may have the right to appeal the decision to a higher authority.

Depending on the case, appeals can be reviewed by:

– Board of Immigration Appeals (BIA) – for decisions made by Immigration Judges or ICE

– Administrative Appeals Office (AAO) – for many USCIS decisions

– Administrative Appeals Unit (AAU) – for certain types of immigration benefits

– Federal Courts – including the U.S. Courts of Appeals, for cases that go beyond administrative remedies

Each case is different. Some decisions are appealable, while others may only allow for a motion to reopen or reconsider. We can review your case and determine the best course of action.

Strict deadlines apply. You may only have 30 days or less from the date of the decision to file your appeal. Acting quickly is critical.

We are tenacious and strategic. If there’s even a chance of success, we fight hard and explore every legal option—sometimes taking cases all the way to the Federal Courts if necessary.

We believe that extraordinary results require extraordinary effort. That means going above and beyond—carefully analyzing your case, preparing strong legal arguments, and not giving up until all options are exhausted.

Yes. We often handle appeals for clients who had previous representation. We’ll review your case history and identify any errors, missed opportunities, or new arguments to make on appeal.