EB-5 FROM VIETNAM

 EB-5 PROGRAM

 

While the EB-5 visa has becoming increasingly popular, it remains heavily utilized by applicants from China (86.8% of the visas issued in 2015). Therefore, it has been underutilized by Vietnamese nationals (only 280 visas were issued in 2015). The EB-5 visa is a streamlined Green Card process which does not require the applicant to have either a job offer or specific educational qualifications, but instead requires a minimum investment of $500,000 in a job-creating, new commercial enterprise, coupled with the creation of 10 new jobs over a period of two years.

The EB-5 program is very complex and requires a great deal of expertise by your advisors, not only on immigration issues, but on transactional issues as well. GMLG is skilled and experienced at helping its clients navigate both of these processes. We scrutinize every aspect of the transaction for immigration compliance to ensure you’re well positioned to obtain your Green Card, and we also review the transactional documents with you to make sure you fully understand your rights and responsibilities as investors. We are not tax or securities lawyers, but we do work with some of the very best who are, and we are happy to refer you to them for counsel, and then work to coordinate all of the professional advice you and your family require.

 

ADVANTAGES OVER THE EB-2 AND EB-3 VISA PROGRAMS

 

Many in Vietnam have tried to immigrate on EB-2 and EB-3 visas. Two issues present complications: First, there is currently an 5 month backlog for EB-3 visas for Vietnam. Second, the EB-2 visa requires various job and educational requirements that many individuals or their university-aged children cannot meet. For example, EB-2 requires a job offer for a position requiring an advanced degree (or its equivalent), or for an individual who is a foreign national of exceptional ability. In addition to the job offer, one must secure a labor certification through the U.S. Department of Labor. A foreign national can waive the need for a labor certification by qualifying for a National Interest Waiver (NIW). Please read more about EB-2 and EB-3 visas here.

The EB-5 program, on the other hand, has no backlog and is underutilized by every country’s applicants except for China. Therefore, there is no delay for the issuance of EB-5 visas to Vietnamese nationals. Also, there are no educational or job offer requirements for EB-5.

 

ADVANTAGES OVER H-1B AFTER F-1 OR OPT

 

Many Vietnamese students study in the U.S. on the F-1 visa status. However, after graduation, Vietnamese students must find job sponsors to qualify for OPT (which lasts a very limited time) or the H-1B visa (also rate-limited to a maximum of 6 years in most cases). OPT is a very temporary solution as it generally only lasts for one year. The H-1B is a very risky solution as there are only 65,000 annual visas, and 20,000 Masters degree visas, with over 236,000 applications for FY 2017, and so one needs to win a lottery to even be considered (in addition to having a job sponsor).

 

EB-5 WITH GMLG

 

Our lawyers and staff are committed to making this process as effortless and comforting for you easy as possible. We do that by focusing on quality, rather than quantity. GMLG puts its effort into making sure that your visa petition is prepared with complete accuracy and attention to detail, and as much personal attention and direct contact with our attorneys are you require.

Led by William P. Cook, the former General Counsel of the U.S. Immigration & Naturalization Service (INS) when the EB-5 program was created in 1990, we draw on expert knowledge, backed by over 25 years of immigration law experience on behalf of our clients.