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Philadelphia, PA 19103
Phone: 215.825.8695
Fax: 215.825.8699
225 West 34th Street
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New York, NY 10122
Phone: 646.787.1371
Fax: 215.825.8699
1 Thomas Cir NW – Industrious Thomas Circle
Suite 700
Washington D.C., 20005
Phone: 202-970-2642
Fax: 202-810-9031
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EB-5 Immigration

The Klasko EB-5 immigration attorney team is adept at navigating the complex investor visa program. EB-5 is a multi-year process to obtaining a US green card and you need an experienced attorney with you every step of the way.

The EB-5 Immigrant Visa Program is a complex immigration program. Klasko Immigration Law Partners has a breadth of experience representing and working with every stakeholder in the EB-5 visa program, including investors, regional centers, and project developers.


The EB-5 Immigrant Investor Program is a permanent residence option for wealthy individuals from any country. For many foreign nationals, it is the best option, and for foreign nationals with no family or employment sponsorship in the U.S., it may be the only option for obtaining permanent residence status. 

The EB-5 Investor Immigrant category requires an initial investment of at least $800,000 or $1,050,000 (depending on the project’s location) in a new commercial enterprise that will result in the employment of ten full-time U.S. workers. Direct EB-5 projects require the investor to invest in a business that will employ 10 full-time U.S. worker employees. Regional center EB-5 projects allow for the employment creation to be indirect or induced jobs based on economic projections. For both, it is critically important that investors be able to provide documentation of the lawful source of the investment funds. 

Klasko’s seasoned and renowned EB-5 immigration attorney team has helped thousands of foreign nationals successfully navigate the EB-5 investor program to obtain conditional and permanent residency in the United States. The EB-5 immigration services we offer help investors reach each milestone. Since the EB-5 immigration attorney team is part of one of the largest full-service immigration law firms in the world, we are also able to assist our clients with all other U.S. immigration needs, such as travel permission, naturalization, and sponsorship of family members. Our firm is highly experienced in the permanent residence process for investors, either the immigrant visa application at the U.S. consulate or the I-485 adjustment of status for investors who are in nonimmigrant status in the U.S. 

In addition, we also have the experience needed when things don’t go as planned. For example, if a project does not go forward, is failing, or is the subject of fraudulent activity, we are the “go-to” law firm to help investors protect their immigration interests, including litigation when necessary. 


Our services for direct EB-5 investors can be divided into 3 parts: advising on and structuring the investment enterprise to be EB-5 compliant; documenting the lawful source of the investor’s funds; and applying for removal of conditions on permanent residence (Form I-829). 

The condition removal process can be especially challenging for direct EB-5 investors since we have to track all employment from the time of investment to the time of the filing of the I‑829 petition. 


Regional centers require an EB-5 immigration lawyer with a unique set of skills. The Klasko EB-5 team is adept at navigating the complexities of the EB-5 program for regional centers and developers. The Klasko EB-5 lawyers work with an accomplished network of securities lawyers, economists, business plan writers, and other professionals to structure projects that are EB-5 compliant. The team has the knowledge and experience to assess business plans, economic reports, securities offerings, and corporate documents for EB-5 compliance.  


  • Preparation of Form I-956, regional center designation applications 
  • Preparation of Form I-956F, project approval applications 
  • Preparation of regional center annual statements 
  • Preparation of Form I-956H for persons involved with regional centers 
  • Preparation of regional center amendments – – geography, ownership, etc. 
  • Preparation of templates for investor petitions 
  • Advice regarding direct and 3rd party promoters 
  • Advice regarding fund administration, audit, and other compliance issues 
  • Responding to project-related RFEs on investor and regional center petitions 
  • Defending against Notice of Intent to Terminate regional center 
  • Advice regarding the marketing of projects 
  • Litigation of EB-5 denials


With the passage of the EB-5 Reform and Integrity Act in March 2022, compliance is one of the most important topics in EB-5. Verifying job creation for each investor requires a team of dedicated professionals who understand the complexities of EB-5, and are prepared to chart the course for clients from project proposal, through job creation, to documentation and eventually permanent residence for the immigrant investors. Our industry-leading EB-5 immigration attorney team includes highly skilled lawyers and professionals who do just that. Our services include setting up procedures and processes for collecting, organizing, and presenting documents related to the flow of investor funds and job creation, with a specific focus on the annual reporting requirements and preparing for investor I-829 filings. 


  • Systems to track condition removal dates and age-out dates for children 
  • Systems to track I-829 filings, RFEs, approvals, etc. 
  • Systems to monitor job creation 
  • Systems to monitor information and documents necessary for the preparation of I-829 condition removal petitions 
  • Dealing with material change issues 
  • Coping with job delay issues 
  • Responding to project-related RFEs on I-829 petitions 
  • Assisting with annual reporting, including systems to track requested information 
  • Reviewing potential new projects 
  • Representation in connection with potential projects to be adopted and overseen by the regional center 
  • Preparing and filing regional center annual statements 
  • Advising on regional center best practices 


Lawyer-client relationships are very intimate and private and can still require the expertise of a third-party attorney without impeding that relationship. Some clients and attorneys prefer to work together to hire an EB-5 immigration attorney. The Klasko EB-5 team offers these services to lawyers who prefer to be intermediaries with their clients. 


We provide the following options for EB-5 services upon request of lawyers: 

  • Service 1: Lawyer prepares the EB-5 petition and Klasko reviews 
    • Lawyer has all contact with investor 
    • Klasko is available to answer questions and review documents 
    • Klasko has engagement letter with lawyer 
  • Service 2: Klasko prepares the EB-5 petition and is primary counsel with investor 
    • Klasko has engagement letter with investor 
    • Klasko has direct contact with client 
    • Lawyer is copied on all emails, gets copies of all documents, and participates in all conference calls – used as a learning experience 
    • Lawyer prepares I-485, IV processing, reentry permit, and all other immigration work for the client 
  • Service 3: Klasko provides advice to developers regarding a new regional center 
    • Lawyer may choose to represent investors in the regional center 
  • Service 4: Litigation of denied or delayed petitions 


Klasko Immigration Law Partners is a leading law firm for litigating immigration cases, which is rare among business immigration law firms. Managing Partner, Ron Klasko, was the founding chair of AILA’s High Impact Litigation Committee and served for three terms. He was the lead attorney on the Matters of Walsh and Pollard case, the key precedent for E-2 visas. He also co-counseled the successful Guilford College, et al v. Wolf, which overturned an unlawful USCIS policy memorandum that changed the way unlawful presence was accrued by F, J, and M nonimmigrants.  

Daniel Lundy has been involved in significant EB-5 litigation on behalf of EB-5 investors, regional centers, and projects that are facing unreasonable USCIS actions or delays. Most recently, he has been deeply involved in litigating USCIS denials of EB-5 petitions based on material change and redemption agreements. He has also advised clients on the immigration aspects of EB-5 projects that have been involved in civil litigation. 

Most recently, Ronald Klasko and Daniel Lundy were co-counsel representing five regional centers and IIUSA (in EB5 Capital et al v. United States Department of Homeland Security et al) in the successful litigation challenging USCIS’ decertification of all existing regional centers. The litigation resulted in a nationwide preliminary injunction against USCIS, which enabled the regional center EB-5 projects to resume. 


Immigrant investors can also consider an alternative visa option to the EB-5 visa program. For some investors, the E-2 visa is the better option. It requires a “substantial investment” (often much less than the EB-5 amount) in a business that will be owned at least 50% by the investor or other citizens of the investor’s country. 

The E-2 visa is only available to citizens of countries with bilateral investment treaties with the US. The E-2 visa may be issued for up to 5 years subject to indefinite extensions and can be obtained much quicker than the EB-5. Some investors choose to apply for an E-2 visa as a short-term solution and an EB-5 visa as a long-term solution. 


KILP experienced attorneys develop creative solutions to complex problems and ensure our clients’ immigration needs are successfully met. Our expertise runs the gamut from frequent H-1Bs and TNs to complex O-1s or EB-1s; from developing Corporate Immigration Policies to defending corporations in I-9, LCA, and/or PERM audits. 

We do not believe in a one-size-fits-all approach, usually offering multiple solutions to difficult problems presented by clients. We are particularly respected for our cutting-edge solutions to difficult business immigration problems. Our client feedback consistently ranks our extreme responsiveness as a highly valued feature of our service model.


KILP attorneys also provide other related individual and employment-based immigration business services, including global immigration, worksite compliance, and litigation. The firm has specialized teams for these services. 

  • Global Immigration provides global mobility services for multinational companies with branches in the U.S. transferring employees overseas 
  • Worksite Compliance provides compliance services for any-sized employers like training and conducting I-9 self-audit, as well as responding to federal agency audits, investigations, and enforcement-related litigation 
  • Litigation can be a powerful tool to hold federal agencies accountable for unreasonable delays and improper adjudication tactics. 
Get in touch with one of our EB-5 Immigration attorneys.
  • EB-1 Immigration

    The EB-1 team includes attorneys and technical writers who are dedicated to assisting doctors, scientists, artists, entertainers, entrepreneurs, and other highly skilled professionals.
  • Immigration Litigation

    The Klasko Immigration Law Partners’ immigration litigation team is a specialized team with decades of experience litigating cases in District Courts and Courts of Appeals.
  • Corporate Immigration

    We work with key stakeholders from multinational corporations, universities, research institutions, hospitals, and midsize to small companies in managing and developing their business immigration programs.

What are the basic requirements and timeline for an EB-5 visa?

There are several basic requirements for an EB-5 visa.

  1. Invest the minimum amount in a qualified US business (“New Commercial Enterprise” or NCE) or approved regional center
  2. Create 10 permanent jobs (direct or indirect) for American workers with the NCE
    There are three steps to the EB-5 process:
  3. I-526 Petition: Once an investor has made the required investment, they would file the I-526 petition. This petition includes project documents and documents related to the investor’s source of funds.
  4. Conditional Resident Application: USCIS is currently allowing for concurrent filing of a green card application. This means that most applicants, except for those born in India, China, and Vietnam, are eligible to apply for their green card along with the I-526 petition if they are present in the U.S. and meet specific requirements. Otherwise, upon approval of the I-526 petition, if their priority date is current, the investor and family can apply for their conditional green card. The conditional green card, once approved, is valid for 2 years. Within the 90 days before the expiration of the green card, the investor and family members apply to remove the conditions on their green card by filing form I-829.
  5. Form I-829: USCIS will review the and confirm that the investor’s funds stayed at risk throughout conditional resident status and the project created the necessary jobs. Once the I-829 is approved, the investor and family are lawful permanent residents of the U.S.

What is the EB-5 quota?

Congress has allocated approximately 10,000 visa numbers for EB-5 investors and family members. Under the 2022 EB-5 Integrity and Reform Act (“RIA”), 32% of the annual EB-5 immigrant visa quota is set aside for specific types of TEA projects. Here is the breakdown of what those set-asides are reserved for:

  • 20% are for those investing in a rural area of the United States;
  • 10% are for those investing in a high unemployment area (designated by USCIS);
  • 2% are for those investing in qualified infrastructure projects administered by a government entity.

Must concurrent filing be used?

Absolutely not. An individual may continue to wait for approval of the I-140 before filing the I-485, and in many cases we advise that it is prudent to wait. However, in cases where the person’s ability to extend their H-1B nonimmigrant status past their six-year maximum under AC-21 can be limited by the timing of the filing of the I-485 when their priority date is current, we advise to please check with the attorney since, in those cases, it would be prudent to file the I-485 concurrently with the I-140.

Can I “port” my EB-2 or EB-3 priority date to my EB-5 petition?

Unfortunately, no. You cannot use your EB-2 or EB-3 Priority Date for your EB-5 petition. Your EB-5 priority date is the date USCIS received your I-526 Petition.

I was born in a backlogged country but am a citizen of Canada, will I still be subject to the backlog?

Yes. Unfortunately, the country against which you are “charged” for your visa number is your country of birth. Because you were born in a backlogged country, your visa and that of your family will be charged against the visa numbers for that country.