EB-5 Immigration Visa
Unlock Your Path to the United States with the EB-5 Visa Program
EB-5 investments structured by SMS Law Firm
Serviced for
EB-5 investor visa clients
Preferred trusted
American visa attorneys
Combined
investor immigration lawyer experience
Foreign investments into
United States successfully processed
GLOBAL EB-5 VISA CONSULTANTS
Why Choose
SMS Law Firm
Custom Lawful Source of Funds Structuring
We pride ourselves on structuring customized sources of funds for our EB-5 investors which have received 100% acceptance rate by USCIS. Our structuring involves a deep dive into your sources of funds, identifying the best route for your most practical situation on your road to permanent residency, and advising on how to meet the investment requirements with the best evidence available with a customized source of funds according to your life situation.
Expertise and Experience
We have successfully approved some of the most complex EB-5 cases in the EB-5 industry including age-out issues, minor children guardianship cases from China, OFAC background checks, currency exchange and swap challenges, crypto-currency source of funds, redeployment of investment funds, lawful sources of funds which trace back decades, and more.
Comprehensive Representation
We have assisted thousands of investors and their family members in their EB-5 Immigrant Investor Program from beginning to end, from the initial filing of their form I-526 immigrant petitions through to their form I-829 petition for removal of conditions on permanent residency and investment exit strategy – and everything that may happen in between.
Global Presence
Our services have helped investors and their families from over 35 countries. From H1-B applicants in the United States to high net-worth investors overseas, we've earned green cards for immigrant investors of all kinds. We have been long established in all major regions where EB-5 investors seek representation, including China, Taiwan, and India, where our deep connections and understanding of local nuances set us apart. We have branches in China and Taiwan.
Multilingual
Our attorneys, staff, and partners provide services in English, Chinese (Mandarin), Hindi, Gujarati, Taiwanese, Spanish, and more.
Project Portfolio
As trusted EB-5 immigration lawyers for multiple nationwide US investor program projects, SMS Law Firm has linked investors with Fortune 500 companies such as Hyatt, top 100 real estate developers, and more. We are trusted by the top projects and regional centers to help their investors navigate complex legal landscapes and facilitate successful visa investments with extensive knowledge of the process to obtain permanent residency -- commonly known as obtaining a green card.
No Conflict of Interest
We are 100% focused on ensuring the success of our EB-5 investors. While we have extensive experience in working with regional centers and EB-5 projects, we do not represent any regional center or their EB-5 projects ensuring zero conflict of interest.
EB-5 Investor Immigration Services
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EB-5 Eligibility Assessment
We conduct a comprehensive evaluation, discussing net worth requirements, considering your financial capacity and available capital, sources of funds, available documentation, relationships with sources, timeline, and matching investment preferences with investment requirements. -
Lawful Source of Funds Structuring
We structure customized EB-5 lawful source of funds that meet regulatory criteria for a qualifying investment. -
Comprehensive EB-5 Representation
We represent our immigrant investors throughout the duration of their EB-5 Immigrant Investor Program process including:- Petitioning Individual Investors Form I-526 Immigrant Petition
- Direct Investment EB-5 Immigrant Investor Program
- Petitioning Regional Center Investors Form I-526E Immigrant Petition
- Direct Investment EB-5 Immigrant Investor Program
- Adjustment of Status
- Consular Processing
- Visa Backlog and Visa Bulletin Monitoring
- Employment Authorization
- Advance Parole
- Removal of Conditions on Conditional Green Card Form I-829 Petition
- Gain lawful permanent residence within the United States
- Expedite Requests
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Concurrent Visa and Adjustment of Status Filing
Whether you are in the United States on an H1-B visa, have a pending EB-2/EB-3 visa, or otherwise are switching to the EB-5 investor visa to accelerate your path to your conditional green card or your permanent residency, we have successfully helped hundreds of investors and their families to achieve concurrent EB-5 filing with a quick path to their EAD and permitting them to stay in the United States. -
Compliance and Due Diligence
Our ongoing investment monitoring and support ensures compliance with EB-5 program regulations, conducting due diligence on projects, assessing investment requirements, and addressing legal issues during the investment period.
EB-5 VISA PROCESSING TIME
Form I-526/I-526E Application From Start To Finish
MONTH 1
WEEK 1
Initial Consultation
You will begin by meeting with one of SMS Lawfirm’s seasoned EB-5 visa consultants. This attorney will identify key aspects including project selection, lawful source of funds, and qualify the EB-5 investor’s status. Finally, our attorney will provide an overview strategy for your journey to lawful permanent residence in the USA.
Discuss and learn about investment requirements and what constitutes a qualifying investment, cost of EB-5 investment, net worth requirements, the merits of a regional center vs direct investment, job creation requirements for your intended commerical enterprise and targeted employment area (TEA) designations, the path from conditional permanent residence to lawful permanent residence, and more.
Engage Lawyer
To engage one of our attorneys, the EB-5 investor signs a Service Contract with SMS Law Firm.
Within 1 week (typically within 24 hours of engagement) an SMS immigration attorney will schedule a meeting with the EB-5 investor to customize source of funds. The lawyer will qualify the investor’s sources of funds and then customize the documents pursuant to investor’s potential sources.
WEEK 2-3
Document Gathering
The investor will begin finding and acquiring documents per the customized source of funds strategy with complete communication with an EB-5 attorney at SMS Law Firm. This step’s duration is dependent on the EB-5 investor’s ability to gather documents.
WEEK 4
Review, Additional Evidence, Preparation, Submission
Upon the initial submission of documents, SMS Law Firm will conduct a 24-hour review of the documents provide expert feedback and identify alternative evidence to meet USCIS requirements if necessary. Upon receipt of all documents, SMS Law Firm prepares, organizes, and submits the EB-5 Investor’s filing package to USCIS and tracks the status of submission to timely update the EB-5 Investor & their family.
MONTH 2 - 60
MONTH 2-13
USCIS Processing (I-526 to Conditional Green Card)
USCIS begins processing the EB-5 Investor’s case. Generally, green card petitioners can expect the following timeline for their Form I-526 immigrant petition:
- Delivery to the proper USCIS Regional Service Center (Usually within 1-2 days)
- USCIS deposits checks for the cost of filing fees (1-5 days after delivery
- For Form I-526 immigrant petition filings, USCIS will issue an informal notice confirming receipt of the case and deposit check(s) for the cost of filing fees; (1-10 days after delivery)
- USCIS will issue a I-797C, Notice of Action confirming the EB-5 investor’s case receipt date, priority date, and issue a Receipt Number for tracking purposes; note that USCIS may delay issuance of I-797C due to high case volume. (1-2 months after delivery)
- USCIS will issue approval notice, or Request for Evidence for one or more issues. A majority of applications filed through SMS Law Firm have been approved without RFEs issued due to our experience and expertise in structuring lawful source of funds. (10-14 months after delivery)
- EB-5 Investor & Family will be notified by the National Visa Center to begin filing form DS-260 in preparation of their client interview. If EB-5 Investor & their family is in United States and filed Form I-485, the petitioner and their family will receive conditional permanent residence card(s) in the mail. (11-15 months after delivery)
MONTH 13-37
Conditional Green Card
You’ve been residing in the US with your conditional green card for 21 months. As you approach the 21-month mark, we can file for removal of conditions on permanent residency.
MONTHS 37-60
MONTH 37-60
Form I-829 Petition Processing
- An attorney assists with preparing and submitting Form I-829 petition for removal of conditions on your green card to convert your immigration status to permanent residency.
- You’ll receive an extension of your conditional green card while your form I-829 petition is pending.
- Upon approval, you receive a permanent 10-year green card, providing you with lawful permanent residence in the United States.
*This timeline serves as a general estimate for the EB-5 process. Timelines are subject to fluctuation due to various factors such as USCIS processing times, among others. The information provided is not intended as direct legal advice and is for informational purposes only. Receipt or review of this presentation does not establish an attorney-client relationship. Specific immigration-related guidance should be sought from informed counsel.
EB-5 IMMIGRANT INVESTOR PROGRAM SERVICES
For Lawyers and Agents
EB-5 Independent Counsel
Lawyer prepares the EB-5 petition and SMS Law Firm as independent counsel
- All communication with the EB-5 investor is handled by the immigration lawyer.
- SMS Law Firm is accessible for queries and document reviews.
- An engagement letter is established between SMS Law Firm and the immigration attorney.
EB-5 Principal Counsel
SMS Law Firm takes charge of preparing the EB-5 petition and serves as the principal counsel for the investor
- An engagement letter is established directly with the EB-5 investor.
- SMS Law Firm maintains direct communication with the client.
- The immigration attorney is included in all correspondence, receives copies of documents, and actively participates in conference calls, contributing to a valuable learning experience.
- The attorney manages tasks such as preparing the I-485, DS-260 processing, advance parole, and all other immigration-related work for the client.
UPDATES
EB-5 News Alert
Stay updated on EB-5 Immigrant Investor Program developments with our news alerts
OUR COMMITMENT TO OUR CLIENT IS
Global. Dependable. Results.
Embark on your journey to permanent residency with SMS Law Firm. As a trusted law firm with a specialization in Asian EB-5 investments, we look forward to working with you.
Alternative Visas to EB-5 Immigrant Investor Program
L-1 to EB-1C or EB-5
Immigrant investors may explore an alternative visa avenue instead of opting for the EB-5 program. For certain investors, the L-1 to EB-1C or EB-5 visa transition could be a more advantageous choice. The L-1 visa is eligible for premium processing vastly shortening the time to completion for applicants. This pathway often expedites investory entry to America within months, with options within the year to adjust to EB-5 or EB-1C. The L1 to EB-1C visa is also a direct route to a green card for EB-5 immigrant investors who may face visa retrogression or other delays on their applications.
E-2 Treaty Investor
SMS Law Firm’s E-2 Treaty Investor Services provide an alternative to the EB-5 visa program. The E-2 visa is a preferred option for discerning investors, requiring a “substantial investment” often lower than the EB-5 amount. Investors or fellow citizens from the same country must own at least 50% of the business. Exclusive to citizens of countries with bilateral investment treaties, the E-2 visa offers up to 5 years of validity with indefinite extensions, featuring a faster acquisition process compared to the EB-5 Immigrant Investor Program. Many investors strategically choose the E-2 visa as a short-term solution while simultaneously pursuing the EB-5 visa for a more enduring conditional or permanent residency option.
EB-5 FAQ's
Does it make a difference if my funds are international or domestic in terms of filing time?
No, the origin of your funds does not affect the filing timeline. The process speed depends on how quickly you provide the necessary documentation. Our clients can upload documents to us through a secure link allowing us to proceed swiftly with review and filing.
Is the EB-5 program worth it?
Since its inception in 1990, the EB-5 program has enabled tens of thousands of foreign investors and their families to achieve their American dreams. The U.S. offers world-class education, healthcare, and social services, making it an attractive destination. Unlike other visa options that impose strict criteria, the EB-5 program is accessible to nearly all foreign investors, provided they can prove the legal source of their investment funds.
How long does it take for the EB-5 process to complete?
The EB-5 process timeline varies significantly based on the investor’s country of birth. USCIS provides estimated processing times for different EB-5 forms on their website, categorized by service center. For investors from countries without visa backlogs, once the I-526 petition is approved, they can file a DS-260 for an EB-5 visa or submit an I-485 application for adjustment of status in the U.S. For more information please check our sample EB-5 timeline.
Can I adjust status immediately when applying for EB-5?
Recent policy changes have enabled investors applying in one of USCIS’s new EB-5 set-aside categories to concurrently file for adjustment of status with their form I-526 – provided they meet all eligibility requirements.
What are the main requirements for EB-5?
Generally speaking, investors must:
- Invest the requisite amount of capital;
- Into a qualified EB-5 project;
- Which will create 10 full-time jobs for US workers within two years of becoming a permanent resident.
What are the 3 stages for EB-5?
There are three main steps:
- Step 1: Petitioning to immigrate as an EB-5 investor (Form I-526)
- Step 2: Adjusting/applying as a permanent resident and receiving your green card based on your underlying form I-526 petition (Forms I-485 or DS-260)
- Step 3: Removing conditions based on fulfilling the conditions of your EB-5 application (Form I-829)
In other words, Step 1 lets USCIS know you are applying as an EB-5 investor, Step 2 asks USCIS to change your status to a green card holder as a result of your EB-5 application, and Step 3 informs USCIS you completed all EB-5 requirements and asks to remove the conditions from your green card.
What are the most recent EB-5 changes?
- There have been many changes to the program over the years. The most recent being the EB-5 Reform and Integrity Act of 2022. The EB-5 Reform and Integrity Act of 2022 vastly reformed the EB-5 program by setting investment amounts to $1,050,000 or $800,000 in TEA or infrastructure project, creating new set aside visa categories, regional center audits, an EB-5 integrity fund. What has been very important to many EB-5 investors is the act permits concurrent adjustment of status filing for eligible EB-5 applicants.
- Another important change occurred on April 1, 2024 increasing filing fees for form I-526, I-485/DS-260, and form I-829. The latest filing fees can be found on form G-1055.
What is the deadline if my request for evidence (RFE) or Notice of Intent to Deny (NOID), etc. is due on a Saturday, Sunday, or Federal holiday?
On March 29, 2023 USCIS released their policy manual update and clarified “in instances where the last day of a period for filing a paper-based benefit request, such as the last day before a requestor’s or beneficiary’s birthday, or the last day of a qualifying time period, falls on a Saturday, Sunday, or federal holiday, USCIS will consider the filing to be timely if received by the end of the next business day.”
What happens if my EB-5 project fails, can I still get my green card with conditions removed?
This depends on the circumstances of your situation. As long as all the requirements of your EB-5 petition are met, you may still be issued your green card and remove conditions – even if the project ultimately fails. Whether you receive your investment back is another matter.