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Regulatory: How to successfully petition for an EB-5 visa

Getting an EB-5 visa is more than simply writing a check

“What is the Immigrant Investor (EB-5) Program all about?” We are being asked this question more and more often by fellow attorneys. Our colleagues generally want to know how they can help foreign investors successfully petition for an EB-5 visa and how they can help American businesses qualify for EB-5 investments.

The first step in answering this question is always to dispel the myth that getting an EB-5 visa is simply a matter of writing a check. The reality is that an EB-5 petition can be an arduous process and, for some petitioners, coming up with a $1,000,000 investment (or $500,000 for investing within a Targeted Employment Area (TEA), where unemployment is at least 150 percent of the national average) is the easy part. The hard part is proving that the investment funds were “lawfully acquired.”

Contributing Author

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Jeffrey C.P. Wang

Jeffrey C.P. Wang is the managing partner and founder of WHGC, P.L.C. Mr. Wang's practice focuses on handling the legal concerns of international and domestic...

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Contributing Author

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John Frederick Karch

John Frederick (Rick) Karch is a partner at WHGC, P.L.C. and a member of the International Corporate Transaction Group. His practice focuses on financial and...

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