Legal Translation Services to Obtain EB 5 USA Investor Visas
Certified legal translation services for EB5 foreign investors, immigration attorneys and U.S. corporations doing business with immigrant investors play an important role in taking advantage of the permanent residency opportunities to foreign investors who meet the statutory requirements. It’s no wonder that there’s a growing demand for Chinese to English translations, Korean to English legal translation services, Russian to English translation services, Spanish to English translations, Mandarin to English translation services, Portuguese to English investors green card document translation services.
Under 8 U.S.C. § 1153(b)(5), otherwise known as Employment-Based Fifth Preference (“EB-5”) Immigrant Investor Visa Program, foreigners who invest at least $1 million (or, in some cases, $500,000) into a new or troubled commercial enterprise can obtain an “employment creation” visa as long as that enterprise benefits the United States and creates or sustains full-time employment for at least 10 American workers.
In order to obtain permanent residency through an EB5 USA investors Visa, often called the “golden visa”, the foreign investor must meet a number of requirements. First, the investor must file a Form I-526 Petition, otherwise known an “Immigrant Petition by Alien Entrepreneur” with the United States Immigration and Citizenship Service (“USCIS”). The investor has the burden of showing that he or she is legally qualified to obtain residency through the investor program. If the USCIS determines that the investor is qualified for EB-5 classification, then the immigrant and his or her dependent family members may apply for a visa or request a status adjustment with USCIS.
Once the visa is granted, the investor has a two-year period of conditional residency, during which time the immigrant must maintain their investment of capital and petition to remove the conditional status within 90 days of the end of the two-year period. In order to obtain permanent residency, the immigrant must show that the investment has created, or can be expected to create, 10 full-time positions within a reasonable period of time. Below is a summary of a lawsuit filed by an Iranian national against the U.S. Immigration and Citizenship Service following the denial of her petition for an EB-5 visa.
In Jane Doe v. United States Immigration and Citizenship Service, Case No. 15 CV 10958, decided by the U.S. District Court for the Northern District of Illinois, the plaintiff filed a lawsuit challenging the legality of the USCIS’s decision to deny her I-526 petition. In 2013, the plaintiff filed an I-526 petition with USCIS seeking an EB-5 classification for her investment in an assisted living fund in Elgin, Illinois. The plaintiff stated that she had invested $100,000 into an assisted living facility and would invest an additional $400,000 within 30 days of the approval of her I-526 Petition. Along with her application, the plaintiff submitted business plans for the project and an “employment impact report” which estimated that the memory care facility would be staffed by 37 full-time individuals and would create 147 direct, indirect, and induced jobs by the end of the facility’s first year of operations. The plaintiff’s investment was part of a larger investment into an LLC comprised of 23 other members also seeking investor visas pursuant to a $12 million care facility project.
In 2015, USCIS issued a Notice of Intent to Deny her petition on the grounds that the evidence failed to establish that her investment would create at least 10 full time positions. USCIS cited significant delays in the assisted living center’s construction and operation and the fact that the business plan was outdated as reasons for its intent to deny. The plaintiff responded to the notification, arguing that neither of the business plans she submitted were outdated at the time she submitted her application. She also presented an updated construction timeline and receipts showing work orders for the project in response to the notice. Nevertheless, the USCIS denied the plaintiff’s I-525 petition in 2015 due to the numerous construction delays and the plaintiff’s failure to demonstrate that her investment would create the requisite number of jobs within two and a half years following the adjudication of the petition.
The plaintiff then filed a federal lawsuit in the U.S. District Court for the Northern District of Illinois, alleging that the agency’s denial of her visa petition was “arbitrary and capricious” and that the agency had exceeded its statutory authority and violated her rights to due process.
Both the plaintiff and the agency filed motions for summary judgment. The court ultimately granted USCIS’s motion for summary judgment and denied the plaintiff’s motion for summary judgment. In its ruling, the court noted that even though the original construction timeline projected that work on the facility would begin by March of 2015, the City of Elgin had not even issued building permits as of April, 2015. The court held that the USCIS’s decision to deny the application was reasonable because USCIS could not determine if the plaintiff had met her burden to demonstrate the creation of the requisite number of jobs as a result of the construction delays. The court rejected the plaintiff’s argument that the USCIS had violated her procedural due process rights, noting that the court “has long held that an alien seeking initial admission to the United States requests a privilege and has no constitutional rights regarding his application, for the power to admit or exclude aliens is a sovereign prerogative.”
The court also noted that the Immigration and Naturalization Act does not provide any procedural protections for visa protections and that the Administrative Procedures Act only requires that USCIS provide a brief statement of the grounds for denying the visa, which it did.
Contact our EB-5 language translation service regarding translating your foreign language documents to obtain U.S. investor visas.
* This language translation blog article is provided for informational purposes only and should not be construed as legal advice. You should always consult an attorney regarding your specific legal needs.*