EB-5 Services

White & Associates provides full legal support to clients interested in immigrating through the EB-5 program. The principal of White & Associates, Kenneth White, has more than twenty-five years of experience with the EB-5 program and is a recognized authority in the field. You will be dealing directly with Kenneth White, not a newbie lawyer or associate, law firm rainmaker, consultant, interpreter, or secretary. Unlike other lawyers, Kenneth White does not represent Regional Centers and will represent only your interests.

Our services include:

  • Assessing preliminarily whether an investor and family members will qualify under the EB-5 program, including an analysis of source of funds, tracing of funds, and admissibility issues
  • Disentangling the most challenging source and path of funds issues, such as cash holdings, the use of offshore structures, tax minimization, the use of multiple bank accounts, assets held in the name of nominees, settlement agreements, nondisclosure agreements, assets earned a long-time ago, and currency restrictions
  • Analyzing nettlesome admissibility problems, such as past misrepresentations in visa applications
  • Providing second opinions to those who are already working with another lawyer
  • Individually counseling the client to ensure that he/she understands all aspects of the EB-5 program
  • Providing comparative immigration-related information and analysis on various Regional Center projects
  • Putting the client in touch with independent financial advisors who can conduct due diligence on the proposed project
  • Interacting with a Regional Center on behalf of the investor to negotiate discounts on administrative fees
  • Liaising with a Regional Center to help an investor withdraw from the project and receive the EB-5 funds back if the investor changes his mind about participating in EB-5
  • Working with the client to best prepare the case: providing guidance to the investor on the needed documentation, completing all application forms, translating all required documentation into English
  • Representing the client at both the USCIS and consulate stages of the process to ensure the promptest and most beneficial review of the initial I-526 EB-5 petition and visa or adjustment of status application
  • Assisting the client with any issues that arise during the EB-5 process, such as adding a new spouse to the EB-5 case, and forestalling any problems that could arise, such as applying for nonimmigrant visas during the pendency of the EB-5 process
  • Filing a mandamus lawsuit if USCIS fails to take action on the petition
  • Assisting the client with any problems or issues that arise during the two-year conditional period (for example, assisting with reentry permits, rescheduling biometrics appointments, or if problems arise upon entry to the United States)
  • Providing legal support to “split” families (e.g., businessman does not immigrate but his family does), such as support for a B visa application and travels to the United States
  • Keeping the client abreast of any changes in EB-5 law that may impact the client
  • Representing the client at the I-829 condition removal stage of the process
  • Ensuring the prolongation of the client’s status during the pendency of the condition removal petition by providing support in securing I-551 ADIT stamps at the local USCIS office
  • Counseling the client in situations where the EB-5 funds will be redeployed in another project
  • Advising the client if the investment goes awry
  • Assisting the client if he/she wishes to relinquish the green card and permanent resident status and facilitating the issuance of a visitor visa
  • Representing the client in the naturalization process if he/she wishes to become a citizen
  • Interfacing with Regional Center principals on behalf of the client, including monitoring the status of the project and ability to obtain the return of the investment
  • Facilitating the selection of and communication with other professionals to ease the transition to life in the United States, such as business attorneys, tax specialists, and real estate agents
  • Representing other family members, such as parents and grandparents in the visitor or immigrant visa processes.

In addition, a myriad of questions arise for the investor before, during, and after the application process: Can I continue to use my current visa during the processing of my petition? How long do I need to stay in the US after I receive my green card? Do I have to pay taxes? When can I apply for citizenship? How do I obtain a reentry permit? How can I bring grandmom to visit? How to immigrate my parents after I obtain a green card? How does my daughter renew her US student visa during the pendency of the EB-5 process? How can I accompany my daughter to the United States for her studies during the pendency of the EB-5 petition?

We provide consultations on this whole range of issues. You will have comprehensive legal support during and after the process.