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EB-5 Law Firm

For foreign nationals seeking permanent residence in the United States through investment, the EB-5 program represents one of the most direct pathways available — and one of the most legally complex. At Ankeny Law, our EB-5 law firm team brings deep expertise in immigrant investor law, cross-border investment structures, and U.S. immigration adjudication to every case we handle. Whether you are making your first inquiry into the EB-5 program or are already midway through the process, we provide the focused legal counsel that investor visa cases demand.

Seattle’s position as a Pacific Rim gateway and a hub for cross-border business activity between the United States and Canada makes it a natural base for EB-5 representation. Ankeny Law serves foreign investors, entrepreneurs, and multinational families navigating the EB-5 program from across the Pacific Northwest and beyond.

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Investor Visa Lawyers: Comprehensive EB-5 Immigration Counsel

Understanding the EB-5 Immigrant Investor Program

The EB-5 Immigrant Investor Program was established by Congress to stimulate the U.S. economy through job creation and capital investment by foreign nationals. A successful EB-5 petition leads to lawful permanent residence — a green card — for the investor and their qualifying family members, including a spouse and unmarried children under 21.

To qualify, an investor must make a qualifying capital investment in a new commercial enterprise that creates at least 10 full-time jobs for qualifying U.S. workers. The program operates through two primary pathways: direct investment in a business the investor actively manages, and investment through a USCIS-designated Regional Center that pools capital for larger commercial projects.

The minimum qualifying investment amount is $1,050,000 for standard investments. For investments made in a Targeted Employment Area — a rural area or an area with high unemployment — the minimum is reduced to $800,000. These thresholds are established by regulation and are subject to periodic adjustment.

A successful EB-5 petition results in conditional permanent residence for a two-year period. At the end of that period, the investor files to remove conditions by demonstrating that the investment was sustained, the job creation requirements were met, and the capital remained at risk throughout. Upon approval, the investor receives unconditional lawful permanent residence.

Why Work With an EB-5 Law Firm at Ankeny Law?

The EB-5 program is one of the most documentation-intensive and legally demanding pathways in U.S. immigration law. Investor visa lawyers who handle EB-5 cases must navigate USCIS petition requirements, securities regulations, source of funds documentation, business plan standards, and the ongoing compliance obligations that follow initial approval.

As a former U.S. Customs and Border Protection (CBP) Officer and U.S. Immigration and Naturalization Service (INS) Officer, lead attorney Jason Ankeny understands how immigration adjudicators evaluate investor petitions from the inside. He knows the evidentiary standards USCIS applies, where petitions commonly fall short, and how to structure a case that holds up to scrutiny. That enforcement-side perspective — combined with dual licensure in Washington State and British Columbia — gives Ankeny Law’s EB-5 clients a meaningful advantage.

For foreign investors approaching the U.S. market from Canada or other Pacific Rim countries, Ankeny Law’s cross-border legal capability means the same team that handles your EB-5 petition can also advise on Canadian immigration implications, cross-border business structures, and coordinated U.S.-Canadian legal strategy.

EB-5 Investment Pathways: Direct Investment and Regional Centers

The direct investment pathway is suited to investors who wish to establish or acquire a U.S. business and take an active management role. The enterprise must be new or substantially restructured, and it must create at least 10 full-time positions for qualifying U.S. workers directly. Ankeny Law’s immigration attorney assists investors in evaluating business structures, preparing the required business plan, documenting job creation projections, and establishing that the investment capital is at risk as required by program rules.

Regional Center investment allows foreign nationals to pool capital with other investors in large-scale commercial projects — typically real estate, infrastructure, or development — that are managed by USCIS-designated Regional Centers. Job creation under this pathway includes both direct and indirect jobs, which gives investors greater flexibility in demonstrating the employment requirement. Ankeny Law advises investors on evaluating Regional Center offerings, understanding the securities law dimensions of these investments, and ensuring the EB-5 petition is properly structured and documented.

The EB-5 Application Process: Step-by-Step Guidance

The EB-5 process is multi-stage and spans several years from initial petition through removal of conditions. Ankeny Law’s investor visa lawyers guide clients through every phase.

We begin with a thorough assessment of your investment plans, source of funds, business structure, and immigration goals. This evaluation identifies the most appropriate EB-5 pathway and surfaces any issues — such as source of funds documentation gaps or business plan deficiencies — that need to be addressed before filing.

Demonstrating the lawful source of investment capital is one of the most critical and frequently challenged elements of any EB-5 petition. Our investor visa lawyers work closely with clients to trace and document the origin of funds through financial records, tax returns, business documents, and other supporting evidence that satisfies USCIS requirements.

A USCIS-compliant business plan is required for every EB-5 petition. The plan must include detailed financial projections, job creation methodology, and a clear description of the enterprise’s commercial activity. Ankeny Law works with clients and qualified economists to develop business plans that meet the evidentiary standards USCIS applies at adjudication.

The I-526E Immigrant Investor petition is the foundational filing that establishes eligibility for the EB-5 program. Our EB-5 law firm prepares a comprehensive petition package — including the business plan, source of funds documentation, investment evidence, and legal brief — and submits it to USCIS. We manage all subsequent communications, including responses to Requests for Evidence.

Following I-526E approval, investors outside the United States proceed through consular processing at a U.S. embassy or consulate, while those already in valid nonimmigrant status may file for adjustment of status. Approval results in a two-year conditional green card for the investor and qualifying family members.

Within the 90-day window before the two-year conditional residence expires, the investor must file Form I-829 to remove conditions. This filing demonstrates that the investment was maintained, the required jobs were created or preserved, and the capital remained at risk throughout the conditional period. Ankeny Law prepares the I-829 package, coordinates with the commercial enterprise for supporting documentation, and manages the petition through to final approval.

Serving Foreign Investors and Multinational Families

Ankeny Law serves a wide range of EB-5 clients — from individual investors making their first entry into the U.S. market to multinational families coordinating immigration for multiple family members across jurisdictions. Our investor visa lawyers handle cases of varying complexity and investment structure.

For investors approaching the U.S. from Canada, Ankeny Law’s dual-country licensure provides a unique advantage. Jason Ankeny is licensed in both Washington State and British Columbia, allowing the firm to advise on cross-border investment structuring, Canadian immigration implications of EB-5 participation, and coordinated legal strategy across both jurisdictions under one engagement.

Contact Ankeny Law Today

If you are ready to explore the EB-5 program as a pathway to U.S. permanent residence, Ankeny Law’s investor visa lawyers are here to help. Contact our team today to schedule a consultation and learn how we can guide your investment immigration case from initial assessment through final approval.

Seattle Office 506 2nd Ave, Suite 1400 | Seattle, WA 98104 (206) 686-1589

Vancouver Office 500-666 Burrard Street | Vancouver, BC V6C 3P6 (604) 314-1848

Frequently Asked Questions About the EB-5 Program

The standard minimum investment is $1,050,000. For investments in a Targeted Employment Area — defined as a rural area or a region with unemployment at least 150% of the national average — the minimum is reduced to $800,000. These amounts are set by regulation and are subject to periodic adjustment.

Every EB-5 investment must result in the creation of at least 10 full-time positions for qualifying U.S. workers. For direct investments, these must be direct employees of the commercial enterprise. For Regional Center investments, both direct and indirect jobs may be counted toward the requirement.

Yes. A qualifying EB-5 investment covers the principal investor as well as their spouse and unmarried children under 21. All qualifying family members receive conditional permanent residence upon approval and may apply to remove conditions together with the principal investor.

A qualifying commercial enterprise is any lawful for-profit business entity established to generate revenue and create jobs. It must be a new enterprise — established after November 29, 1990 — or a substantially restructured or expanded existing business. Passive investments such as real estate held solely for appreciation or limited partnerships with no active business operations do not qualify. Ankeny Law’s investor visa lawyers assess each proposed enterprise structure against USCIS requirements before filing.

For investors and multinational families, the EB-5 program is often one component of a broader business immigration strategy that may include nonimmigrant work visas, intracompany transferee petitions, or E-2 treaty investor visas used while the EB-5 process moves forward. Ankeny Law advises clients on how to coordinate the EB-5 pathway with other business immigration options to maintain lawful status and protect long-term immigration goals throughout the process.

Yes. Ankeny Law’s dual licensure in Washington State and British Columbia means the firm handles global immigration matters spanning U.S. and Canadian immigration systems. For investors relocating from Canada or coordinating cross-border business structures, Ankeny Law provides integrated counsel that addresses both jurisdictions under one engagement — a distinct advantage for clients with complex international immigration needs.

No. The EB-5 program requires the creation of at least 10 full-time positions for qualifying U.S. workers — meaning U.S. citizens, lawful permanent residents, and other authorized workers. Foreign national employees in nonimmigrant status do not count toward the job creation requirement, which is why careful workforce plan

Immigrant investment refers to capital deployed through programs like EB-5 that are specifically designed to lead to lawful permanent residence — a green card — rather than temporary work authorization. Unlike nonimmigrant visa categories such as the H-1B or E-2, which provide temporary status, immigrant investment programs create a direct pathway to permanent residence for the investor and qualifying family members, making it a long-term immigration strategy rather than a short-term solution.

Concurrent filing refers to submitting the I-526E immigrant investor petition and the I-485 adjustment of status application at the same time, provided a visa number is immediately available for the investor’s country of birth. This approach can significantly shorten the overall timeline to permanent residence by allowing adjustment of status processing to proceed simultaneously with I-526E adjudication, rather than waiting for full I-526E approval before initiating the next stage.

The EB-5 program falls within the fifth employment-based immigration services category — EB-5 — in U.S. immigration law. Employment-based immigration under this category is distinct from the first four EB categories in that it does not require a job offer from a U.S. employer. Instead, the investor creates the employment through their own capital investment, making EB-5 one of the few self-sponsored pathways to a green card available under U.S. immigration law.

Adjustment of status is the process by which a foreign national already present in the United States in valid nonimmigrant status applies to become a lawful permanent resident without leaving the country for consular processing. For EB-5 investors, adjustment of status is available once the I-526E petition is approved and a visa number is available. It allows the investor and qualifying family members to obtain their conditional green cards without traveling abroad, which can be a significant practical advantage for investors already living or working in the United States.