Delivering Dreams™ Drives

Immigration Attorneys at OnlineVisas

At OnlineVisas, we don't just fill out complicated forms for disinterested government employees, we deliver dreams. We invest in you first by applying your facts to the applicable law, we will help answer your three main questions during your first strategy session with us:

  • Whether you meet the requirements of a visa
  • How much it will cost you
  • How long your process will take
Delivering Dreams™ Drives Immigration Attorneys at OnlineVisas

Our Brand Promises

  • Relationships
  • Strategy
    • Knowledge
  • Briefing
  • Technology
  • EB-5 Visa Program for Vietnamese Nationals: A Comprehensive Guide to U.S. Residency through Investment

    The EB-5 Visa Program offers Vietnamese nationals a promising route to permanent residency in the United States. By making a qualifying investment in a U.S. business, investors can secure a Green Card for themselves and their immediate family members. However, to optimize the chances of successfully obtaining permanent residency and safeguarding the invested capital, careful selection of an EB-5 project is essential. This guide covers key considerations for Vietnamese investors navigating the EB-5 process, including recent program updates, project selection, and managing challenges unique to Vietnamese applicants.

    Navigating the EB-5 Reform and Integrity Act of 2022

    The 2022 EB-5 Reform and Integrity Act (RIA) introduced several changes aimed at enhancing program transparency and efficiency. These reforms have opened up new opportunities for Vietnamese investors, especially those targeting rural projects. The act established three main visa set-aside categories: rural, high-unemployment, and infrastructure projects, with rural projects being particularly advantageous due to priority processing.

    Key Benefits for Rural Projects:

    • Priority Processing: Rural projects receive expedited processing, with some applications being approved in as little as 12 months.
    • Visa Set-Asides: A certain number of EB-5 visas are reserved for rural projects each year, reducing the risk of facing lengthy wait times.
    • Concurrent Filing: Vietnamese investors can submit both the I-526E and I-485 forms simultaneously if they are already in the U.S. on another valid visa, allowing them to live, work, and study while their EB-5 application is being processed.

    Understanding Processing Times and Visa Backlogs for Vietnamese Investors

    Due to the growing interest in the EB-5 program from Vietnam, there can be backlogs and delays in processing applications. However, the visa set-asides and priority processing for rural and other designated projects help to mitigate some of these challenges. Vietnamese investors should remain proactive in understanding the visa bulletin and managing their expectations around processing times.

    Strategies to Avoid Delays:

    • Select Projects in Targeted Employment Areas (TEAs): Projects located in rural or high-unemployment areas benefit from priority processing and visa set-asides.
    • Stay Informed About the Visa Bulletin: Regularly checking the U.S. Department of State’s visa bulletin can help investors understand their place in the queue and anticipate any changes.
    • Maintain Communication with Legal Counsel: Working closely with immigration lawyers ensures timely responses to requests for evidence and other critical USCIS communications.

    Job Creation Requirements: Meeting the Criteria Without Employer Sponsorship

    The EB-5 program does not require employer sponsorship, offering Vietnamese investors more flexibility compared to other employment-based visas. However, to qualify for a Green Card, the investment must result in the creation of at least 10 full-time jobs for U.S. workers.

    Job Creation Strategies:

    • Direct vs. Indirect Job Creation: When investing through a regional center, indirect job creation counts towards the requirement. This can include jobs generated by economic activity related to the project, such as construction.
    • Choosing the Right Project: Projects with solid, realistic job creation plans—especially those using construction spending as a basis—are preferable. Investors should confirm the number of jobs that are likely to be created and the timeline for meeting these goals.

    Including Family Members in the EB-5 Process

    One of the significant advantages of the EB-5 program is that it extends immigration benefits to the investor’s spouse and unmarried children under the age of 21. Vietnamese families can move to the U.S. together and start the process of settling down while awaiting their Green Cards.

    Tips for Managing Family Members’ Applications:

    • Ensure All Eligible Family Members Are Listed in the Initial Petition: This can prevent delays or complications in adding dependents later.
    • Plan for Work and Study Opportunities: Once in the U.S., spouses can apply for work authorization, and children can enroll in U.S. schools.
    • Monitor Age-Out Risks: Ensure children do not age out during the process (turning 21) by filing early and opting for projects with faster processing times.

    Managing Currency Exchange and Fund Transfer Challenges

    Vietnamese investors often face difficulties with currency exchange and international fund transfers due to the country’s foreign exchange policies. The Vietnamese State Bank imposes restrictions on sending large sums abroad, which can complicate the funding of an EB-5 investment.

    Tips for Navigating Financial Regulations:

    • Work with Experienced Financial Advisors: Ensure proper documentation for currency exchanges and fund transfers to comply with both Vietnamese and U.S. regulations.
    • Plan Transfers Strategically: To avoid delays, split the investment into smaller, compliant transfers where possible, and use reputable banks familiar with international remittance.
    • Consider Pre-Approval of Funds Source: Obtaining U.S. legal counsel’s assistance in preparing a source of funds report can expedite the USCIS review process.

    Evaluating Project Financial Structures: Mitigating Risk

    Understanding the financial structure of an EB-5 project is vital for mitigating investment risk. Vietnamese investors should evaluate how the project is financed, including the distribution between senior loans, developer equity, and EB-5 capital.

    Key Due Diligence Considerations:

    • Assess the Capital Stack: Projects with significant developer equity and senior loans are generally more secure than those relying heavily on EB-5 capital.
    • Look for Developer Guarantees: While principal repayment guarantees may conflict with EB-5 regulations, guarantees related to construction completion or refund of the I-526E filing fee can provide added security.
    • Review Exit Strategies: The project should outline how investors will get their capital back, usually through selling or refinancing after completion.

    Planning for U.S. Citizenship and Long-Term Residency

    For many Vietnamese investors, obtaining a Green Card through the EB-5 program is a significant milestone on the path to U.S. citizenship. After securing permanent residency, investors need to fulfill certain residency requirements to qualify for naturalization.

    Steps to Prepare for Citizenship:

    • Meet the Residency Obligation: Maintain continuous residence in the U.S. for at least five years, with physical presence for half that time.
    • Comply with Legal Obligations: Pay U.S. taxes and adhere to other legal responsibilities that could impact citizenship eligibility.
    • Begin Naturalization Process Early: Submit Form N-400, attend the required interview, and complete the Oath of Allegiance when eligible.

    Final Thoughts for Vietnamese Nationals

    The EB-5 Visa Program offers a viable path to U.S. residency and citizenship for Vietnamese investors, but careful planning and due diligence are crucial. By understanding recent reforms, navigating visa backlogs, choosing projects strategically, and managing currency transfer challenges, investors can enhance their chances of a successful outcome. Staying informed and working closely with immigration and financial advisors will help Vietnamese nationals achieve their goals of building a future in the United States.

    Unlike typical consultations, our Strategy Sessions go the extra mile, leveraging relationships, strategic thinking, extensive knowledge, cutting-edge technology, and expert briefing to foster trust and maximize your chances of a successful immigration journey!

    1. Meeting the visa requirements

    A thorough analysis of your situation to determine your eligibility for a certain visa or multiple visas that you might qualify for at the time of your Strategy Session.

    2. The roadmap to your Immigration journey

    A detailed explanation of the step-by-step OnlineVisas Immigration process done by one of our licensed Immigration Attorneys tailored to your specific case.

    3. A breakdown of legal services and costs

     A comprehensive quotation for our legal services, along with a contract for your reference. We're here to support you every step of the way on your immigration journey.

    Immigration Attorneys Spotlight

    Highlighting five of our Immigration Attorneys

    IMMIGRATION ATTORNEY

    Jon Velie

    Since 1993, Jon has specialized in business immigration law, expertly handling cases including H-1Bs, PERMs, O-1, EB-1s, and L-1s. He's aided innovators, athletes, entertainers, and Fortune 500 companies entering the US. His firm manages 40+ visa types, notably assisting Afghan asylees.

    IMMIGRATION ATTORNEY

    Alex Kononenko

    Alex pursued his Master of Laws at Ohio State University and is now a member of the New York State Bar. Driven by personal immigration experiences, he's passionate about reuniting families and navigating the intricacies of USCIS.

    Languages: Fluent in Russian.

    immigration attorney

    Yesh Vasamsetty

    Holding a J.D. from Florida Coastal School of Law and licensed in New Jersey and Texas. During her studies, she volunteered at the Immigrant and Human Rights Clinic, handling cases like VAWA, Asylum, and DACA renewals.

    Languages: Fluent in Hindi & Telegu.

    How our Strategy Sessions Compare to Regular Consultations:

    Our Strategy Sessions Provide You With:

    • A meticulous analysis of your circumstances, ensuring a precise evaluation of your eligibility for a successful immigration case.
    • A comprehensive, step-by-step explanation of the OnlineVisas Immigration journey that is tailored specifically to your unique situation.
    • A personalized dashboard that allows you to manage your case, review session notes, electronically sign contracts, make payments, and seamlessly upload necessary documents through our state-of-the-art Visas.AI technology.
    • A comprehensive quotation for our legal services, while also providing a formal contract for your reference, ensuring complete transparency and clarity.

    A Regular Consultation:

    • May offer a basic overview of your situation, but Strategy Sessions dive deeper to provide a more accurate understanding of your case's potential.
    • Might give you a general idea of costs involved, they might not offer the same level of transparency and formal documentation as Strategy Sessions.
    • Might lack the advanced technological tools and platforms that our OnlineVisas Strategy Sessions employ to streamline case management and communication.
    • May leave you with unanswered questions and uncertainties, lacking the continued guidance needed for a successful immigration journey.

    At our immigration law firm, we pride ourselves on a remarkable 98% success rate in handling cases. Our highly skilled team possesses the knowledge and resources required to secure government approval and ensure you meet all qualifying criteria with ease.

    Pierre S

    I spent 7 months looking for an immigration attorney that will help me move to the United States for my extraordinary abilities, OnlineVisas changed my life forever. Booking a Strategy Session on this website was the beginning of a new chapter, I spoke to Jon and his team took me in and built out a strategic approach backed by authority turning my career's achievements into evidence. On March 3rd, 2023, I started my new dream, living and working in the United States. Thank you, OnlineVisas.

    Pierre Subeh ‧ Our O-1 Visa Client who found us online and booked a Strategy Session back in 2022

    My attorney used Visas.Al to provide a comprehensive strategy for my O-1 extraordinary ability visa, built over ten testimonial and expert letters, an employment agreement and a comprehensive legal brief in one sitting. I was blown away. OnlineVisas use Visas.AI [The Intelligent Immigration Platform]. There is no other Al powered platform that helps attorneys make better and faster decisions, build documents, review them, and help them reply to opposing responses while saving time and cost.

    Vish Hari Kumar ‧ Our O-1 Visa Client who found us online and booked a Strategy Session back in 2021