EB5 Visa Attorney Phoenix

Guiding Investors & Families Through Complex EB5 Decisions

Using the EB5 program to obtain permanent residency in the United States can open important opportunities for you and your family. It also involves a significant investment, strict legal requirements, and decisions that can affect your future for many years. Working with an experienced EB5 visa attorney Phoenix investors trust can help you move forward with clarity and confidence.

At Federal Immigration Counselors, P.C., our immigration lawyers draw on more than 30 years of experience to guide clients through high stakes immigration matters, including investor and business visas. From our office in Phoenix, we work with individuals and families across Arizona and abroad who want to use EB5 as part of a long term immigration plan. Our team offers services in English and Spanish so you can discuss these important choices in the language that feels most natural to you.

Our firm has a long history of handling complex immigration cases and pursuing innovative legal strategies. Our attorneys have obtained multiple published decisions from the Board of Immigration Appeals and the 9th Circuit Court of Appeals, and we bring that same level of careful analysis to EB5 planning. If you are considering an EB5 investment, we invite you to talk with us about your goals and questions.

Why EB5 Investors Turn To Our Phoenix Immigration Team

EB5 investors are often making one of the most important decisions of their lives. They want to protect their families, preserve their capital, and avoid missteps that could result in a denial. Our role is to help you understand how EB5 fits into your broader immigration picture and to guide you through the legal process with structure and transparency.

Our attorneys have practiced immigration law for more than three decades, handling a wide range of complex issues that go far beyond basic form filing. Our work has led to multiple published decisions from the Board of Immigration Appeals and the 9th Circuit Court of Appeals. These decisions show that our legal arguments are taken seriously at some of the highest levels of the immigration system, and that we are prepared to engage deeply with difficult legal questions when a case requires it.

We bring a holistic approach to EB5. That means we look at your investment plans alongside family immigration needs, current status, possible backup options, and long term goals in the United States. We take time to walk through how EB5 compares to other pathways that may be available, so you can make a well informed choice instead of focusing on one program in isolation.

Our firm does not act as an investment advisor or promote particular projects. Our focus is on your immigration interests and on how a proposed investment fits EB5 requirements. We coordinate with your financial and business advisors, while staying firmly in our role as your immigration lawyers. For many clients, it is reassuring to know that we are not tied to any regional center, developer, or project sales effort.

Accessibility also matters. Our Phoenix office gives you a stable point of contact in the United States, and we are used to working with clients who travel frequently or live abroad. We offer services in English and Spanish, and we provide flexible payment plans so that you can plan for legal fees over the life of an EB5 case, which often spans several years.

Understanding The EB5 Program & What It Requires

Before you commit to an EB5 investment, it is important to understand the main immigration requirements. The program is designed to promote job creating investment in the United States in exchange for a path to conditional, and later permanent residency for the investor and qualifying family members.

Under current law, EB5 requires a minimum investment amount that depends on where the project is located and whether it qualifies as a targeted employment area. The investment must be placed at risk for the purpose of creating or preserving at least ten qualifying full time jobs for U.S. workers. These jobs can be created directly through your own commercial enterprise or indirectly through a regional center structure, depending on how your case is set up.

Many investors choose between two broad approaches to EB5. Some prefer a regional center project, which typically allows job creation to be counted using economic modeling and may feel more passive from a business management perspective. Others pursue a direct EB5 investment, which involves a new or existing business where job creation is measured more directly. From an immigration standpoint, each path has different evidentiary requirements, risk profiles, and documentation needs.

EB5 rules have changed several times in recent years, and further updates are always possible. Government agencies issue new guidance, courts interpret regulations, and visa availability can vary by country of chargeability. These factors can affect not only when you may receive a benefit, but also how your investment and business plan should be structured for immigration purposes. Our team follows these legal and policy developments closely and works to help you make decisions that reflect current requirements rather than outdated information.

When we meet with you, we discuss how the core EB5 rules apply to your specific plans. We talk through minimum investment thresholds, lawful source of funds, job creation strategy, and the difference between conditional and permanent residency. Our goal is to give you a clear picture of what EB5 expects from you as an investor and what you can realistically expect from the process.

Our Step By Step Approach To EB5 Cases

Knowing that EB5 is complex is not enough. You also need a clear sense of how your case will move forward and what role we will play at each stage. We follow a structured process so that important details are not overlooked and you always know what is coming next.

Initial Consultation & Case Evaluation

At the initial consultation stage, we focus on understanding your situation and goals. We discuss your current immigration status, family members you hope to include, the general nature of the funds you plan to invest, and any time constraints you are facing. We also consider whether EB5 is your primary strategy or one of several options to evaluate. This meeting is an opportunity for you to ask detailed questions and for us to outline a preliminary plan.

Eligibility Review & Source Of Funds Preparation

If you decide to move forward, we begin with eligibility and source of funds review. This includes gathering information about how you acquired the capital you intend to invest, such as employment income, business profits, property sales, or gifts. We explain the types of documents that are typically useful and where additional records may be needed. Our attorneys work to identify potential issues early, so that they can be addressed through documentation and explanation rather than becoming surprises later in the process.

Coordinating With Your Investment Plans

Once we have a clear picture of your funds and proposed investment, we coordinate with your chosen project or business team from an immigration perspective. We look at business plans, job creation projections, and corporate structures to understand how they will be presented to immigration authorities. While your financial and business advisors focus on investment performance and commercial risk, we focus on how the structure supports the EB5 requirements.

Preparing & Filing Your EB5 Petition

We then prepare and file the EB5 petition, such as the I 526E or the currently applicable form. This includes assembling the narrative explanation, supporting documents, translations where necessary, and any clarifying statements. Our team pays close attention to organization and consistency, because a clear and complete filing often helps reduce back and forth with the government.

Supporting You Through Later Stages

If your petition is approved, the process continues with either consular processing abroad or adjustment of status in the United States, depending on your circumstances. We guide you through the forms, interviews, and practical steps involved in obtaining conditional permanent residency. Later in the process, we assist with the petition to remove conditions, which focuses heavily on whether the investment was sustained and the required jobs were created. Throughout these stages, we stay in contact, provide updates, and respond to any government requests for additional information.

Source Of Funds, Compliance & Common EB5 Pitfalls

One of the most challenging parts of an EB5 case is proving that your investment capital comes from a lawful source and has been properly traced into the new commercial enterprise. Even sophisticated investors can find this part of the process demanding, especially when funds come from long standing businesses, multiple properties, or several jurisdictions.

What Lawful Source Of Funds Means

In EB5 terms, lawful source of funds means that you can show how you earned, received, or accumulated the money you will invest, and that those activities are legal under the relevant laws. This may involve tax records, employment contracts, corporate financial statements, sales agreements, bank records, and other documents. When funds have moved through several accounts or passed between family members, the tracing becomes more complex, but it is often still possible with careful documentation.

Frequent Issues EB5 Investors Face

Common pitfalls arise when documentation is incomplete or inconsistent, when business records are informal or missing, or when explanations are not clearly connected to the evidence. Some cases receive Requests for Evidence because they do not sufficiently explain the path of funds, or because job creation plans are not supported by the business plan. Other cases face denials when key requirements are not met or when the government concludes that important questions remain unanswered.

Our attorneys have extensive experience dealing with complicated immigration records, appeals, and removal defense, where attention to detail is critical. That background informs how we approach EB5 filings. We work to identify areas that might raise questions and to address them upfront when possible. While no lawyer can prevent the government from asking follow up questions, a careful approach can often reduce unnecessary risk and make it easier to respond effectively if additional information is requested.

Staying Compliant Over The Life Of Your Investment

EB5 compliance is not limited to the initial filing. You also need to maintain your investment and keep accurate records through the period of conditional residency, so that you can later show that job creation targets were met and that your capital remained at risk for the required time. We help clients understand what types of records to keep and what immigration authorities will look for when you file to remove conditions.

How A Local EB5 Immigration Lawyer In Phoenix Supports Your Long Term Plans

Although EB5 is a federal program, many practical aspects of your life and business may be centered here in Phoenix. Having an EB5 visa lawyer who understands both the national legal framework and the local environment can make coordination easier and planning more realistic.

Our office in Phoenix gives you a place where you can meet with our attorneys in person when you are in the city. For investors who plan to settle in Arizona, open or expand businesses here, or have children who will attend local schools or universities, it can be helpful to work with a team that is familiar with the area. We understand that your investment is not just a financial transaction, it is part of a broader plan for where you intend to live, study, and work.

At the same time, many EB5 investors are outside the United States when their cases begin. We regularly communicate with clients across time zones and regions, while maintaining a stable base in Arizona for ongoing support. Our presence in Phoenix and San Diego allows us to serve clients who may eventually have ties in both states, while always keeping focus on the federal rules that govern EB5.

A local EB5 visa lawyer Phoenix investors trust can also coordinate more smoothly with regional professionals such as business planners, accountants, and others who may be part of your long term plan. While we do not provide financial advice, we can participate in joint discussions from the immigration perspective so that your commercial and immigration strategies support each other as much as possible.

Frequently Asked Questions

How Do I Know If EB5 Is The Right Path For My Family?

The best way to evaluate whether EB5 is the right path is to look at it alongside your family’s broader goals and any other immigration options that may be available. During an initial meeting, we talk with you about your current status, your long term plans, the ages of your children, and the level of investment you are prepared to make. We also discuss other possible routes, such as family based or employment based immigration, if they might apply to your situation. Our goal is to help you understand how EB5 compares in terms of timeline, risk, and flexibility, so that you can make an informed decision instead of feeling pressured toward one program. Some families conclude that EB5 is the best fit, while others choose different strategies after reviewing the full picture.

What Will Your Team Do In An EB5 Case, & What Will I Handle?

In an EB5 case, we take responsibility for guiding you through the immigration requirements and preparing the legal filings, while you remain in charge of your investment choices and personal financial decisions. Our work typically includes explaining EB5 rules, reviewing your eligibility, helping you identify and organize source of funds documents, drafting and assembling the petition, and advising you on immigration issues that arise during the process. You and your financial advisors decide which project or business to invest in, how to structure the investment from a financial standpoint, and how to manage your assets more broadly. We stay involved throughout the life of the case, answer your questions, and assist with later stages such as consular processing, adjustment of status, and removal of conditions, so that you are not navigating those steps alone.

How Long Does The EB5 Process Usually Take?

The EB5 process typically unfolds over several years, but specific timeframes vary based on multiple factors. These factors can include government processing times for EB5 petitions, visa availability for your country of chargeability, and how long it takes to complete steps such as document gathering and consular interviews. In many cases, investors first receive conditional permanent residency for a two year period, then later file to remove conditions once job creation and other requirements are met. We provide you with an overview of the stages and current timing trends, and we update our guidance as agency workloads and policies change. While we cannot control how quickly the government acts, we can help you plan realistic timelines and keep your case moving forward on the parts that are within your control.

Can You Help If My EB5 Case Already Received A Request For Evidence Or Denial?

We can often assist investors who have already received a Request for Evidence or a denial in an EB5 case, although the options will depend on the specific facts and the reasons given by the government. Our attorneys have handled many complex immigration matters, including appeals and cases before the Board of Immigration Appeals and the 9th Circuit Court of Appeals. That experience helps us analyze the government’s concerns, evaluate the strength of possible responses, and outline potential paths such as filing additional evidence, refiling under changed circumstances, or pursuing review when appropriate. When you contact us, we typically ask to see the decision or notice, as well as your prior filings, so that we can assess what went wrong and what may be possible moving forward. We then discuss the options with you in clear terms so that you can decide how to proceed.

Will We Be Able To Communicate In Spanish About My EB5 Case?

Yes, our team offers immigration services in both English and Spanish, and many EB5 investors find it helpful to discuss complex issues in their preferred language. Clear communication is essential when you are dealing with high value investments and long term immigration consequences. During consultations and ongoing meetings, we can explain EB5 concepts, document needs, and process steps in Spanish, and we can answer your questions in detail. This bilingual support is available whether you are in Phoenix or communicating with us from another country. Our goal is for you to feel fully informed and comfortable with each decision you make in your case.

How Much Does It Cost To Work With Your EB5 Immigration Lawyers?

The cost of EB5 representation depends on the scope and complexity of your case, but we strive to be transparent about fees from the beginning. During an initial discussion, we explain our fee structure, which usually involves flat fees or staged fees for major parts of the process, such as the initial EB5 petition and later the removal of conditions. We also talk about government filing fees and translation or other costs that may be part of your overall budget. Federal Immigration Counselors, P.C. offers flexible payment plans, which can make it easier to spread legal fees across key milestones instead of paying everything at once. We understand that EB5 is already a significant financial commitment, and we work with you to structure legal fees in a manageable way while still providing the level of attention these cases require.

Do I Need To Live Or Have A Business In Phoenix For You To Handle My EB5 Case?

You do not need to live in Phoenix or already have a business here for our team to handle your EB5 case. We represent clients who are overseas, in other parts of the United States, and in different regions of Arizona. Many investors decide later where they will live or operate a business, and EB5 allows for that flexibility as long as program requirements are met. Our office here provides a convenient base for in person meetings and for clients who choose to build their lives in Arizona, but we also work effectively with clients who may never live in the area. What matters most is that you have a clear line of communication with our attorneys and that we have a solid plan that fits your goals, wherever you ultimately decide to settle.

Talk With Our EB5 Visa Lawyers About Your Immigration Goals

EB5 is more than a single application. It is a multi year journey that affects your family, your finances, and your long term plans in the United States. Working with an experienced EB5 visa lawyer can help you move forward with a structured plan, realistic expectations, and a team that understands how all the pieces fit together.

At Federal Immigration Counselors, P.C., we bring more than 30 years of immigration practice, a history of published appellate decisions, and a holistic, client centered approach to every EB5 case we handle. Our attorneys in Phoenix and San Diego work in English and Spanish, and we offer flexible payment arrangements to support you through each stage of the process. If you are considering an EB5 investment or want a second opinion about an existing case, we invite you to contact us to discuss your options and concerns.

To schedule a consultation with our immigration team, call (602) 600-0504.