Law Offices of Sweta Khandelwal - Immigration

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408-444-8781


Serving San Jose And The South Bay Area, Including Palo Alto, Cupertino, Campbell And Los Gatos

Award-Winning Immigration Attorney For All Your EB-5 Visa Needs

Comprehensive Experience

We understand the intricacies of the various visa petition processes, and we have worked with clients of over 50 nationalities.

Relatable lawyer

Get help from an empathetic lawyer. Attorney Sweta Khandelwal has lived in the United States as an immigrant herself.

Trusted legal services

Work with a well-recognized firm. We’ve received multiple AILA awards and maintain strong community involvement.

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The EB-5 investor immigrant visa may be the best solution to get a Green Card (GC) for those who do not qualify for any other employment or family-based visa category. Even for professionals in the US who are stuck in the long wait times associated with the EB-2 and EB-3 GC, the EB-5 may be the answer. The priority date for EB-5 is current for all countries except China and Vietnam. Moreover, as a self-petitioner, you have a certain degree of control over the visa process.

There are two distinct EB-5 pathways for an immigrant investor to gain lawful permanent residence for themselves and their immediate family: the Basic Program and the Regional Center Pilot Program (RCPP). In either case, the investments must satisfy the EB-5 eligibility requirements.

The minimum amount of investment is $1 million. However, if the investment is made in a Targeted Employment Area, the minimum investment is $500,000. The alien investor must establish that the investment comes from accounts under his/her name and that the sources of funds are legitimate. The alien investor must place the statutory minimum amount of capital "at risk" for the specific purpose of generating a return on the capital for the entire two-year period of conditional residence. Most debt arrangements are prohibited.

Lawmakers have been contemplating changes to the EB-5 program for a long time. Currently, the EB-5 Modernization Regulation is pending final review, which includes a massive increase in investment amounts to $1.3 million/$1.8 million, among other changes. There will most likely be a grace period before the new EB-5 rule going into effect. Once the regulation is published, and before it comes to effect, we will likely see a huge increase in the number of EB-5 cases being filed.

The time to act is now! If you are in the US and have been waiting in line for your GC for years, the EB-5 is the best way to go. With the increase in denials for H-1B visa extensions, the EB-5 is the fastest path to a GC.

If you are in the U.S., you can file Adjustment of Status for yourself and your family immediately after the Immigrant Visa petition is approved. If the Applicant is outside the US, you will get the GC from the Consulate abroad.

The application for the EB-5 visa is extremely complex. We must establish, by clear and convincing evidence, that the EB-5 business meets all the statutory requirements. This requires a detailed understanding of accounting, cash-flow statements, operating statements and balance sheets. Sweta Khandelwal is a Chartered Accountant (akin to a CPA) and has a comprehensive understanding of the paperwork that is involved in the preparation of the EB-5 visa petition. Sweta has been the featured speaker for EB-5 related issues on RealEstateTalk.biz (that was aired LIVE) and on EB-5 Projects.com.

To schedule a consultation on investor-based immigration visas, call 408-444-8781, or send an email to our San Jose office.

Call 408-444-8781 For A Consultation

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