rani@emandilaw.com

+1 212-686-7782

CONSULTATION

Expert EB-5 Representation for Investors Who Value Precision and Results.

What we provide ?

EB-5: Immigrant Investor Green Card

Who qualifies & how much:

  • $800k TEA (rural/high-unemployment) or $1.05M non-TEA.
  • Create or preserve 10 full-time U.S. jobs.
  • Direct (operate the business) or Regional Center (pooled capital; indirect job credit).

Attorney Emandi’s edge (29+ years): Source-of-funds mastery and project diligence. She builds audit-proof tracing, aligns business plans to Matter of Ho, and structures filings that withstand modern integrity scrutiny.

Today’s EB-5 realities (post-Reform & Integrity Act)

  • I-526E (regional center) vs I-526 (direct).
  • Set-aside visa pools (e.g., rural) may have different availability dynamics.
  • Fund administration, audits, and disclosures are stricter—good for investors, but documentation-heavy.

EB-5 Strategy & Readiness Package

What’s Included

1. EB-5 Investor Strategy Session (2 hours)

  • Deep dive into your immigration goals (family size, timing, country of birth, etc.).

  • Discussion of direct vs. regional center options tailored to your profile.

2. Regional Center Shortlist & Guidance

  • Curated list of vetted regional centers with proven track records.

  • Comparative overview of job creation methodology, return structures, and exit strategies.

  • Checklist of key questions to ask before choosing where to invest.

3. Source of Funds & Liquidation Roadmap

  • Step-by-step guidance on liquidating funds safely and documenting the trail.

  • Review of potential sources (real estate sales, business proceeds, securities, gifts, inheritance, etc.).

  • Identification of gaps in documentation with practical solutions to close them.

4. EB-5 Timeline Roadmap

  • Clear explanation of the filing order:

    • Source of funds → I-526E → consular or adjustment → conditional green card → I-829.

  • Red-flag warnings on common delays (transfers, foreign exchange issues, USCIS RFEs).

5. Upgrade Credit

  • If you retain full EB-5 representation within 2–4 months, your package fee will be credited toward the legal fee for full representation.

Evidence & documentation we assemble

  • Lawful source & path of funds: tax returns, employment income, business sale, loans/gifts (with lender/giftor capacity), bank trails, FX, AML compliance.
  • Business plan: credible financials and job creation methodology (RIMS II/IMPLAN for RC; W-2 headcount for direct).
  • Sustainment & at-risk: Investment structure that remains law-compliant without guarantees.

Process & timing (what to expect)

  1. I-526/I-526E: ~12–24 months (varies by queue and category).
  2. Concurrent I-485 (if visa available & in U.S.) or consular.
  3. 2-year conditional PR.
  4. I-829 (remove conditions): file in 90-day window before expiry; adjudications often 24–48+ months.

Premium processing is not generally available for EB-5; limited expedite possible in rare, criteria-based situations.

Risk controls clients appreciate

  • Independent source-of-funds audit before filing.
  • Regional center vetting: compliance history, escrow, job cushion, exit logic.
  • Direct EB-5: payroll ramp plans, contingency hiring, capital budgeting.

How we work (consistent across all categories)

  • Up-front strategy memo: Eligibility map, pitfalls, timeline, and parallel tracks (e.g., EB-2 NIW + EB-1A; EB-2 + EB-3).
  • Evidence blueprint: Shared checklist, model letters, and examples tailored to your role/industry.
  • RFE-proof drafting: We write as if responding to an RFE before it’s issued.
  • Compliance calendar: Deadlines for ads, postings, filings, medicals, visas.
  • Visibility: You see status, tasks, and next actions at every step.

E-1 / E-2: Treaty Trader & Investor Visas

Who Qualifies

  • E-1 Treaty Trader: Nationals of treaty countries conducting substantial trade with the U.S.
  • E-2 Treaty Investor: Nationals of treaty countries investing substantially in a U.S. business.

Attorney Emandi’s edge (29+ years): She crafts robust business plans, financial documentation, and renewal strategies that keep businesses compliant and visas renewable.

Legal Requirements

  • Investor must own at least 50% or retain control of the business.
  • Investment must be substantial, at risk, and more than marginal.
  • Must show business will generate more than just minimal living income.

Process & Timeline

  • Consular processing or change of status via USCIS.
  • Validity: Typically 2–5 years (depends on treaty country).
  • Renewable indefinitely as long as business remains viable.

Evidence

  • E-1: Proof of substantial, continuous trade between the U.S. and treaty countries.
  • E-2:
    • Evidence of substantial investment.
    • Business plan showing growth, profitability, and job creation.
    • Proof investors will direct/operate business (not passive).

Attorney Emandi’s Expertise

  • Builds filings with business plans, market analysis, and financial data meeting USCIS/consular officer scrutiny.
  • Structures investments to avoid denials based on “marginality.”
  • Works with accountants and business planners to document lawful funds, risk, and growth potential.
  • Advises on renewal strategy so visas can be extended indefinitely.

Common Pitfalls

  • Marginality – USCIS denies if business cannot support more than the investor. Attorney Emandi’s plans always project job creation.
  • Insufficient “at risk” investment – She ensures funds are committed/irrevocable before filing.
  • Renewal strategy overlooked – She structures filings so future renewals are supported by growth metrics.

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    Sunday: Closed

    Contact Us

    rani@emandilaw.com

    +1 212-686-7782

    421 7th Ave Suite 911, New York, NY 10001, United States

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