Form I-134, Explained: Understanding the Declaration of Financial Support for a Visa Applicant

by Tahmidur Remura Wahid | May 21, 2025 | Corporate, M&A, Finance

Form I-134, Explained: Understanding the Declaration of Financial Support for a Visa Applicant
By TRW Law Firm

Introduction: What is Form I-134?

Form I-134, officially titled the "Declaration of Financial Support," plays a pivotal role in U.S. immigration procedures involving temporary nonimmigrant visa categories such as visitor (B1/B2) and K-1 fiancé(e) visas. Filed by a U.S. citizen or lawful permanent resident (green card holder), the form serves as a written assurance to the U.S. government that the visa applicant will not become a public charge or burden on public resources during their stay.

In contrast to Form I-864, which is used for permanent immigration sponsorship, Form I-134 is relevant for temporary visitors. While both documents pertain to financial support, they differ in legal enforceability, applicable visa types, and poverty threshold criteria.

This guide by TRW Law Firm provides a comprehensive, legally sound explanation of Form I-134, including eligibility requirements, required evidence, how it is filed, and its differences from similar immigration sponsorship forms.

📘 Section 1: The Purpose and Legal Framework of Form I-134

Legal Purpose

The primary objective of Form I-134 is to demonstrate to U.S. immigration officials that the visa applicant will have adequate financial support during their time in the United States. U.S. immigration law, particularly under INA Section 212(a)(4), prohibits the admission of any foreign national who is likely to become a “public charge.” Form I-134 is one way to overcome this potential inadmissibility.

Public Charge Doctrine

Under the current interpretation, the public charge ground of inadmissibility applies mostly to immigrants, but consular officers often scrutinize B-1/B-2 visa and K-1 visa applicants to ensure they won’t rely on U.S. public benefits. Thus, Form I-134 provides persuasive evidence of financial backing, satisfying the consular officer that the applicant has financial safeguards.

🧾 Section 2: Who Can File Form I-134?

To qualify as a sponsor, the following eligibility criteria must be satisfied:

U.S. Citizenship or Lawful Permanent Residency
Only U.S. citizens and green card holders are eligible to sponsor someone using Form I-134.

Meet Federal Poverty Guidelines (FPG)
The sponsor must meet at least 100% of the Federal Poverty Guidelines for their household size.

Willingness to Disclose Financial Details
The sponsor must provide thorough documentation, including employment verification, tax returns, and proof of assets.

Voluntary but Legally Binding Declaration
Although Form I-134 is not enforceable in the same way as Form I-864, it is still a formal declaration under U.S. law, and fraud or misrepresentation can lead to legal penalties.

📋 Section 3: Which Visa Applicants Can Use Form I-134?

This form is primarily used for:

B-1/B-2 Tourist or Business Visitors
If the applicant lacks sufficient financial evidence of self-support, the consulate may request a sponsor submit Form I-134.

K-1/K-2 Fiancé(e) and Dependent Children
U.S. citizens petitioning for their fiancé(e) to enter on a K-1 visa often use Form I-134 to meet financial eligibility at the consular stage.

Other Nonimmigrant Visa Applicants
In rare cases, other categories like J-1 exchange visitors or medical treatment seekers might also be asked for Form I-134 by consular officers.

⚠️ Form I-134 is not used for green card or immigrant visa processing. For those cases, the required form is I-864 (Affidavit of Support).

📂 Section 4: Form I-134 Filing Process – Step-by-Step

Filing Form I-134 requires attention to detail and complete documentation. Here’s a step-by-step guide:

Step 1: Download and Review the Correct Form

• As of January 29, 2024, USCIS only accepts the 11/09/2023 edition.
• The form is available for free on uscis.gov.

Step 2: Complete Personal Information

The sponsor must fill out:

• Full legal name
• U.S. address and contact details
• Date of birth
• Social Security Number or USCIS Number
• Citizenship or lawful residency proof

Step 3: Provide Beneficiary Information

The form must include:

• Applicant’s full name, address, and nationality
• Relationship to sponsor (if any)
• Marital and dependent details

Step 4: Financial Information

Sponsors must disclose:

• Employer’s name, address, job title, and salary
• Type of employment (permanent or temporary)
• Bank account details and balances
• Asset declarations (bonds, property, etc.)

Step 5: Submit Supporting Documents

You must include:

• Bank statements (last 12 months summary + current balance)
• Employer letter confirming income and job status
• Latest U.S. income tax return (Form 1040 or IRS transcripts)
• Other financial documents like stock/bond portfolios or real estate proof

📑 All non-English documents must be accompanied by certified English translations.

Step 6: Declaration and Signature

The sponsor must sign the form in ink or electronically (for online submissions) affirming their intent to financially support the beneficiary.

Step 7: Share With Beneficiary

The sponsor should send the completed, signed form with all attachments to the visa applicant, who will submit it with their visa paperwork to the embassy or consulate.

🧠 Section 5: Form I-134 vs. Form I-134A

To prevent confusion, here’s how these two forms differ:

⚠️ You should not file Form I-134 if you're sponsoring under the Uniting for Ukraine or CHNV humanitarian programs — in such cases, only Form I-134A is applicable.

⚖️ Section 6: Form I-134 vs. Form I-864

💬 Section 7: Frequently Asked Questions (FAQs)

❓ Is there a fee to file Form I-134?

🟢 No. There is no filing fee for Form I-134.

❓ Can I be a sponsor if I’m not related to the applicant?

🟢 Yes. A sponsor does not have to be related to the beneficiary. Friendship, employer-employee relationships, or any other connection are acceptable.

❓ Is it mandatory to submit Form I-134 for a tourist visa?

🟡 Not always. If the applicant has sufficient personal finances, they may not need a sponsor. However, it is highly recommended when applicants lack a strong financial profile.

❓ Will submitting Form I-134 guarantee visa approval?

🔴 No. The U.S. consulate has full discretion to approve or deny a visa. Form I-134 is supportive evidence, not a guarantee.

❓ How long is Form I-134 valid?

🟢 It is typically valid for one visa application cycle or 6 months, whichever is earlier. A new one may be needed for rescheduled interviews.

🛡️ Section 8: Risks and Responsibilities for the Sponsor

Although Form I-134 is not legally enforceable in court in the same way as Form I-864, there are important considerations:

• Perjury and Fraud: Signing Form I-134 falsely or providing inaccurate financial information can lead to criminal liability under 18 U.S.C. § 1001.
• Moral Obligation: While not legally binding, consular officers view the declaration seriously. Sponsors who fail to support may be flagged for future applications.
• Reputation and Future Filings: A failure to fulfill promises made on Form I-134 may harm future sponsorship or immigration credibility.

🔍 Section 9: Best Practices and Common Mistakes

✅ Best Practices

Use updated form edition and instructions
Attach all supporting documents
Double-check bank and employment statements
Explain inconsistencies with a cover letter if needed
Sign and scan clearly

❌ Common Mistakes

🟥 Submitting outdated editions
🟥 Failing to meet poverty guideline thresholds
🟥 Incomplete documentation
🟥 Illegible handwriting or blurry scanned attachments
🟥 Submitting documents in foreign languages without translation

🤝 Section 10: How TRW Law Firm Can Help

At TRW Law Firm, our U.S. immigration attorneys regularly assist clients with:

• Form I-134 preparation and review
• Custom financial affidavits and letters of support
• Immigration strategy for mixed-income households
• Assisting with K-1 fiancé visas and tourist visa denials
• Correcting rejected or delayed filings

Our global team in Dhaka and London works directly with U.S. immigration attorneys to ensure compliance with USCIS, Department of State, and consular processing guidelines. Whether you are a sponsor or an applicant, our firm ensures that your Form I-134 submission meets the highest legal standards.

Conclusion

Form I-134 may appear simple at first glance, but it carries significant weight in a U.S. visa application. For individuals seeking to enter the United States temporarily without personal financial means, having a qualified sponsor complete Form I-134 can significantly increase their chances of success.

That said, both applicants and sponsors must approach the process seriously — with accurate disclosures, solid documentation, and legal clarity.

To ensure your declaration of financial support meets USCIS and consular scrutiny, consult the professionals at TRW Law Firm.

📞 Contact TRW Law Firm

Phone:
+8801708000660
+8801847220062
+8801708080817

Emails:
info@trfirm.com
info@trwbd.com
info@tahmidur.com

Offices:
Dhaka: House 410, Road 29, Mohakhali DOHS
Dubai: Rolex Building, L-12 Sheikh Zayed Road
London: 330 High Holborn, City of London

🧾 Summary Table

For comprehensive immigration assistance, including financial sponsorship, reach out to TRW Law Firm — your global legal partner in U.S. immigration.

The H-1B Visa, Explained

by Tahmidur Remura Wahid | May 21, 2025 | Corporate, M&A, Finance

The H-1B Visa, Explained

FROM LCA TO I-129: NAVIGATING THE H-1B VISA APPLICATION PROCESS STEP-BY-STEP
Prepared by TRW Law Firm – Global Immigration Division
Updated: April 25, 2025

✅ What Is the H-1B Visa?

The H-1B visa is a non-immigrant visa that permits U.S. employers to temporarily hire foreign professionals in specialty occupations. A specialty occupation is one that requires the application of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent.

Key Attributes of the H-1B Visa:

■ Specialty Occupation Requirement: The job must demand both theoretical and practical application of a specialized field of knowledge. ■ Employer Sponsorship: The petitioning employer must file a Form I-129 with the U.S. Citizenship and Immigration Services (USCIS). ■ Annual Cap: 65,000 regular H-1B visas are available per fiscal year, with an additional 20,000 for U.S. master’s degree holders. ■ Lottery System: A computerized random selection process applies if petitions exceed the cap. ■ Initial Validity & Extensions: Initially valid for up to 3 years, extendable to a maximum of 6 years. ■ Dual Intent: Allows beneficiaries to pursue lawful permanent residency (green card) while in H-1B status.

✅ Why Employers and Workers Choose H-1B

Benefits for Employers: ■ Access to a global talent pool. ■ Opportunity to bridge local skill gaps. ■ International competitiveness.

Benefits for Workers: ■ Work in the U.S. in a field of specialization. ■ Pathway to green card and eventual citizenship. ■ Cultural, professional, and personal enrichment.

✅ Eligibility Requirements

📄 For Employers:

■ Specialty Occupation Verification: Must show the role requires a specific degree. ■ Labor Condition Application (LCA): File with the Department of Labor (DOL) demonstrating:

• Wages at or above prevailing wage.
• No adverse effect on similarly employed U.S. workers.
• No ongoing strikes or lockouts. ■ Form I-129: Petition for Nonimmigrant Worker. ■ Employer-Employee Relationship: Proof of control over the H-1B employee’s work.

📄 For Foreign Nationals:

■ Minimum Qualifications:

• Bachelor's degree (or equivalent) in a related field.
• Equivalency evaluation required for foreign degrees. ■ Job Offer: From a U.S.-based employer in a specialty occupation. ■ Experience: Sometimes needed, especially in lieu of a degree. ■ Licensing: Mandatory for roles in fields like medicine, law, or education.

✅ H-1B Cap and Exemptions

🔢 Cap-Subject Petitions:

■ 65,000 general limit. ■ 20,000 additional spots for U.S. master’s degree holders.

🏢 Cap-Exempt Petitions:

■ Institutions of higher education. ■ Non-profit and government research organizations. ■ J-1 waiver physicians in underserved areas.

✅ Specialty Occupations Breakdown

To Qualify, a Position Must:

■ Require a bachelor’s or higher degree. ■ Follow industry-wide standards. ■ Have duties so complex that a degree is necessary. ■ Be part of a company policy that requires such education.

Applicant Qualifications:

■ U.S. bachelor’s or higher degree in the specific specialty. ■ Foreign equivalent verified through credential evaluation. ■ Recognition of education, training, or experience as equivalent.

✅ Step-by-Step H-1B Process

1. 💼 Job Offer & Registration

■ Employer determines need for H-1B worker. ■ During March registration period, employer submits electronic registration. ■ USCIS runs lottery if needed and selects registrants.

2. 📅 Labor Condition Application (LCA)

■ Employer files Form ETA-9035 to the DOL. ■ DOL certifies LCA in approximately 7 business days.

3. 📃 Petition Filing (Form I-129)

■ Includes:

• Certified LCA
• Evidence of education/experience
• Letters of support
• Visa filing fees

4. 🚪 USCIS Processing

■ USCIS adjudicates the petition. ■ May issue Request for Evidence (RFE). ■ Approval results in Form I-797 issuance.

5. 🌐 Visa Application (if abroad)

■ Applicant completes DS-160. ■ Attends interview at U.S. Embassy or Consulate. ■ If approved, visa stamp is issued.

6. 🛬 Entry & Employment

■ H-1B holder can enter up to 10 days before start date. ■ Begins employment as per petition.

✅ H-1B Visa Costs

✅ H-1B Processing Timeline

✅ H-1B Stamping & Travel

■ Stamping required for travel. ■ If applying from within the U.S., approval notice suffices. ■ Documents required: DS-160 confirmation, I-797, fees, passport photo, degree copies, employment letters.

✅ Domestic H-1B Visa Renewal

New Policy for 2025:

■ Select H-1B holders can renew visa within the U.S. ■ Must have been issued previous visa in India/Canada. ■ Limited pilot program — not yet extended to H-4 dependents.

✅ Transitioning to Green Card

Typical Steps:

1. PERM Labor Certification
2. I-140 Immigrant Petition
3. I-485 Adjustment of Status (or consular processing)

Delays:

■ Per-country caps (notably for India & China). ■ CSPA (Child Status Protection Act) for dependents aging out.

✅ FAQs

■ Can I apply for H-1B without a job offer? No. ■ Can my spouse work on H-4? Yes, if you have an approved I-140. ■ Can I transition to a green card? Yes, H-1B is dual intent. ■ Is H-1B different from H-1B1? Yes. H-1B1 is for Chile/Singapore nationals. ■ What is the minimum salary? Prevailing or actual wage, whichever is higher.

📍 Contact TRW Law Firm for H-1B Visa Assistance

TRW Law Firm provides end-to-end legal guidance on U.S. immigration matters, including corporate immigration, PERM filings, I-129 petition strategies, and cap-exempt sponsorships.

Contact Information:
☎️ +8801708000660
☎️ +8801847220062
☎️ +8801708080817
📧 info@trfirm.com | info@trwbd.com | info@tahmidur.com
🏢 Dhaka: House 410, Road 29, Mohakhali DOHS
🏢 Dubai: Rolex Building, L-12 Sheikh Zayed Road.

For more information and legal support regarding your H-1B strategy, visit tahmidurrahman.com.

Prepared by TRW Law Firm — Your Global Immigration Partner

O-1 Visa, Explained: Your Comprehensive Guide by TRW Law Firm

by Tahmidur Remura Wahid | May 21, 2025 | Corporate, M&A, Finance

O-1 Visa, Explained: Your Comprehensive Guide by TRW Law Firm

UNDERSTAND THE REQUIREMENTS, COST, TIMELINE, AND APPLICATION PROCESS FOR THE O-1 VISA TYPE

✪ What is the O-1 Visa?

The O-1 visa is a prestigious nonimmigrant U.S. visa tailored for individuals who have demonstrated extraordinary ability in their professional fields, including sciences, business, education, athletics, the arts, and the motion picture and television industry. Unlike the H-1B visa, which is limited by annual quotas and a lottery system, the O-1 visa offers a more direct pathway for top-tier talent to live and work in the United States.

The O-1 visa is often referred to as a visa for the "best of the best." It opens doors to professionals who can prove they are at the top of their respective industries. At TRW Law Firm, we specialize in securing O-1 visas for high-caliber clients from around the world, offering end-to-end immigration legal support.

✪ Key Advantages of the O-1 Visa

✅ Unlimited Extensions: The O-1 visa can be extended in one-year increments with no cap on the number of extensions, provided the applicant continues to meet the qualifications.

✅ No Annual Lottery: Unlike the H-1B visa, there is no lottery or registration period. Applications are accepted year-round.

✅ Work Flexibility: O-1 visa holders may work for multiple employers or their own company, provided each activity is pre-approved in the petition.

✅ Dual Intent: The visa allows for dual intent, meaning applicants can apply for a green card without jeopardizing their non-immigrant status.

🌐 O-1 Visa Subcategories

The O-1 visa is subdivided into two primary categories:

◼ O-1A

For individuals with extraordinary ability in sciences, business, education, or athletics.

◼ O-1B

For individuals with extraordinary ability in the arts, or a demonstrated record of extraordinary achievement in the motion picture or television industry.

💼 Eligibility and Requirements by Category

The criteria for qualifying vary depending on your profession. Below is a detailed breakdown:

🏛️ O-1A: Science, Business, Education, Athletics

◼ Science & Research

• Prestigious awards like the Nobel Prize or Fields Medal
• Peer-reviewed publications in top journals
• Patents or significant inventions
• Speaking engagements at leading symposia

◼ Education

• Teaching awards and accolades
• Evidence of impactful research and citation metrics
• High-profile speaking invitations

◼ Business & Entrepreneurship

• Leading startups with major funding
• Mergers, acquisitions, or IPOs
• Press features, speaking engagements
• Membership in elite entrepreneurial organizations

◼ Athletics

• Olympic or world championship medals
• National titles, MVP awards
• Team captainship or elite coaching roles

🎨 O-1B: Arts, Motion Picture, Television

◼ Arts

• International or national awards
• Lead roles in productions of distinguished reputation
• Commercial or critical success
• Press features, reviews by experts

◼ Motion Picture/TV

• Academy Award, Emmy, or major nominations
• Work in box-office hits or top-rated TV shows
• Endorsements or testimonials from industry leaders

✍️ How to Qualify as an Entrepreneur or Founder

While self-petitioning is not allowed, entrepreneurs may structure their own U.S. company to act as the sponsoring petitioner. Key steps include:

• Demonstrating non-speculative work with contracts or business plans
• Proving corporate structure separates employer/employee relationship
• Providing press, revenue data, or investment documentation

TRW Insight: Many founders fail due to poor evidentiary presentation. Let our immigration attorneys prepare a bulletproof O-1 petition tailored to entrepreneurial ventures.

📅 Timeline and Processing

◼ Standard Processing:

• Vermont Service Center: Approx. 5 weeks
• California Service Center: Approx. 2.5 months

◼ Premium Processing:

• 15 days with Form I-907 ($2,805 as of 2025)

Always verify filing locations and updates via USCIS. Processing times may vary due to workloads.

🌐 Duration and Extensions

• Initial Grant: Up to 3 years depending on the event/project
• Extensions: Granted in 1-year increments with no limit, as long as the event/project continues

🏞️ O-1 Visa vs. Green Card

TRW Insight: Many of our O-1 clients later apply for EB-1 or EB-2 green cards.

🏦 Filing and Cost Breakdown

Petitioner bears most costs. If beneficiary is terminated early, employer may be liable for return travel.

🚧 Required Documents

• Form I-129 + supporting documentation
• Detailed itinerary and employment agreement
• Advisory opinion from peer group/union
• Evidence of awards, publications, or peer recognition
• Proof of O-1 level ability (3/8 criteria or comparable evidence)

🥇 Acceptable Evidence

◼ For O-1A:

1. Prestigious awards
2. Memberships in elite organizations
3. Scholarly publications
4. Judging others' work
5. Employment in critical roles
6. High salary or remuneration
7. Published material about you
8. Original contributions of significance

◼ For O-1B:

1. Major critical acclaim
2. Commercial success (box office, media metrics)
3. Lead roles in top-tier productions
4. National or international recognition
5. Testimonials from industry experts
6. High compensation

🎓 Dependents and Accompanying Staff

• O-2 Visa: Essential support staff for O-1B visa holders
• O-3 Visa: Spouse and children (<21 years)
  • Cannot work
  • Can attend school

❓ Frequently Asked Questions (FAQs)

◼ Can I apply directly after I-129 approval?

Yes. If outside the U.S., schedule a visa interview at a U.S. Embassy/Consulate.

◼ What if my petition is denied?

USCIS will issue a notice explaining denial with appeal instructions.

◼ Can I extend my visa?

Yes. File Form I-129 with Form I-94 and justification.

◼ Can USCIS revoke the visa?

Yes, for reasons such as fraud, misrepresentation, or job loss. A Notice of Intent to Revoke (NOIR) will be issued.

🔧 TRW Law Firm Support for O-1 Visa Applicants

At TRW Law Firm, we have an exceptional track record of helping:

• Founders and Innovators get O-1A status
• Artists and Designers secure O-1B classification
• Athletes and Performers extend and renew their visas

We provide end-to-end service:

• Evidence audit and strategy consultation
• Legal advisory letters and peer consultation coordination
• Full petition preparation and USCIS communication
• Green card planning from the O-1 status

📍 Contact TRW Law Firm for an O-1 Visa Consultation

Contact Numbers:
+8801708000660
+8801847220062
+8801708080817

Emails:
info@trfirm.com
info@trwbd.com
info@tahmidur.com

Global Law Firm Locations:

• Dhaka: House 410, Road 29, Mohakhali DOHS
• Dubai: Rolex Building, L-12 Sheikh Zayed Road
• London: 330 High Holborn, City of London

Schedule your O-1 Visa strategy session at: booking.tahmidurrahman.com

📊 Summary Table: O-1 Visa Key Facts

TRW Law Firm — Your Strategic Legal Partner for Extraordinary Talent Immigration

Let us help you unlock your global potential. Reach out today.

E-2 Visa, Explained

by Tahmidur Remura Wahid | May 21, 2025 | Corporate, M&A, Finance

E-2 Visa, Explained

LEARN THE PROCESS, COST, TIMELINE, AND REQUIREMENTS OF THE E-2 TREATY INVESTOR VISA

What Is the E-2 Treaty Investor Visa?

The E-2 visa is a nonimmigrant visa that allows citizens of countries with a qualifying treaty of commerce and navigation with the United States to enter and work in the U.S. based on a substantial investment they control in a U.S.-based business. There are two categories:

• E-2 Investor: Individuals investing a substantial amount in a bona fide U.S. enterprise.
• E-2 Employee: Key executives, managers, or essential skilled employees of the treaty investor's business.

Key Features:

• Investment can be in a new or existing business.
• E-2 holders can manage the business and bring qualifying employees.
• Initial stay is up to 2 years with unlimited 2-year extensions.
• Visa can be renewed indefinitely, so long as the enterprise continues to meet eligibility requirements.

E-2 Visa Eligibility Requirements

To qualify for the E-2 visa, you must meet these general criteria:

1. Nationality:

• Must be a citizen of a country that maintains a treaty of commerce and navigation with the U.S.

2. Investment:

• Must make a substantial, irrevocably committed, and "at-risk" investment in a real, operating U.S. enterprise.

3. Business Type:

• The enterprise must not be marginal. It should have the present or future capacity to generate income significantly above the living standard of the investor and family.

4. Active Role:

• Investors must own at least 50% of the business or have operational control through a managerial position.

5. Source of Funds:

• Must prove the legal origin of the invested funds and trace the funds from origin to investment.

Qualifying vs Non-Qualifying E-2 Investments

E-2 Visa Timeline

Inside the U.S. (Change of Status):

• Standard processing: 3.8 months
• Premium processing: 15 calendar days

Outside the U.S. (Consular Processing):

• Varies by consulate: 2 weeks to several months

E-2 Visa Application Process

From Within the U.S.:

1. Confirm nationality eligibility
2. Prepare and file Form I-129
3. Include detailed business plan, financials, investment documents
4. Pay relevant USCIS filing fees
5. Optional: File Form I-907 for premium processing
6. USCIS issues Form I-797 if approved

From Outside the U.S.:

1. File Form DS-160 and DS-156E
2. Gather supporting documents (investment proof, business ownership, legal source of funds)
3. Schedule and attend an interview at U.S. consulate
4. If approved, visa issued and stamped in passport
5. Present visa at port of entry and receive I-94 record upon entry

Cost of the E-2 Visa

What Happens After Approval?

If Applying Inside the U.S.:

• Status becomes E-2 on approval date
• Authorized to work for the investment business
• Must apply at consulate to travel and re-enter

If Applying Outside the U.S.:

• Visa issued and stamped in passport
• I-94 issued upon arrival, showing E-2 duration
• Can start working immediately for the enterprise

Social Security: You’ll need a Social Security Number (SSN) to work legally

Taxes: Subject to U.S. tax laws

Acceptable E-2 Business Types

• Franchises
• Startups
• Acquisitions of existing businesses
• Retail stores, cafés, consulting agencies
• Service businesses (e.g., salons, clinics)
• Import/export operations (may also qualify for E-1)

Note: The business must have potential for growth and U.S. job creation

Green Card Options for E-2 Visa Holders

E-2 visa holders do not have "dual intent," so green card transitions require strategic planning. Options include:

• EB-1 (Extraordinary Ability)
• EB-2 NIW (National Interest Waiver)
• EB-3 (Skilled Workers)
• Family-Based Green Card

E-2 Dependent Family Members

• Spouse and children under 21 can obtain E-2S or E-2Y status
• Spouses can apply for work authorization
• Children can study in the U.S. but cannot work

Frequently Asked Questions

Can I travel on an E-2 visa? Yes. You can travel freely with an E-2 visa, but ensure you maintain ties to the enterprise and avoid long absences.

Can employees also apply for E-2 visas? Yes, if they share the same nationality as the treaty investor and serve in executive or essential roles.

Can I work for a different company? No. The E-2 visa is specific to the investment business only.

How long can I stay on an E-2 visa? Initial stay is 2 years, with unlimited 2-year renewals as long as qualifications are maintained.

Is there a minimum investment amount? No fixed minimum, but it must be "substantial" relative to business cost and sufficient for success.

Do E-2 visa holders pay U.S. taxes? Yes, based on income earned in the U.S.

Final Thoughts

The E-2 visa provides a powerful immigration pathway for entrepreneurs, executives, and investors from treaty countries. While it doesn’t lead directly to a green card, it offers renewable work and residence authorization for those willing to make a real investment in the U.S. economy.

For tailored guidance, consult with TRW Law Firm's immigration experts.

Contact TRW Law Firm 📍 House 410, Road 29, Mohakhali DOHS, Dhaka | 📞 +8801708000660 | ✉️ info@trfirm.com | 🌐 tahmidurrahman.com

Complete Guide to the EB-5 Investor Visa

by Tahmidur Remura Wahid | May 21, 2025 | Corporate, M&A, Finance

Complete Guide to the EB-5 Investor Visa

A TRW Law Firm Publication

✦ What is the EB-5 Visa?

The EB-5 visa, or Employment-Based Fifth Preference visa, is an investor immigration route to U.S. lawful permanent residence (green card) for eligible foreign nationals who invest capital in the U.S. economy and create jobs for American workers. First introduced in 1990, this program is administered by the U.S. Citizenship and Immigration Services (USCIS) through its Immigrant Investor Program Office (IPO).

Successful EB-5 applicants not only gain a path to permanent residence but also extend the benefit to their spouses and unmarried children under 21.

✦ EB-5 Visa Requirements: Eligibility Criteria

To qualify for an EB-5 visa, an applicant must:

🟩 Invest in a New Commercial Enterprise: The business must be for-profit and established after November 29, 1990. Older businesses must be significantly restructured or expanded by at least 40% in either net worth or number of employees.

🟩 Minimum Capital Investment:

• $1,050,000 in standard areas (post March 15, 2022)
• $800,000 in a Targeted Employment Area (TEA)

🟩 Job Creation: The investment must lead to the creation or preservation of at least 10 full-time jobs for U.S. workers within two years.

🟩 Investor Engagement: The investor must be involved in the day-to-day management or policy formation of the business.

✦ Investment Types Accepted

The capital invested can include:

• Cash
• Equipment
• Inventory
• Tangible property
• Indebted assets secured by the investor

✦ Types of Enterprises

Eligible businesses include:

• Corporations
• Limited partnerships
• Joint ventures
• Sole proprietorships
• Holding companies with wholly-owned subsidiaries
• Public or private businesses

✦ Application Process for EB-5 Visa

1. Form I-526: Immigrant Petition by Standalone Investor

This establishes the investor’s eligibility. The form must demonstrate:

• Lawful source of funds
• Business legitimacy
• Investment in TEA (if applicable)
• Business plan detailing job creation

Processing Time: ~71.1 months (may vary) Filing Fee: $11,160

2. Green Card Application

Depending on your current location:

📅 In the U.S.: File Form I-485 (Adjustment of Status)

• Processing Time: 6–8 months
• Filing Fee: $1,440

📅 Outside the U.S.: File Form DS-260 (Immigrant Visa Application)

• Processing Fee: $325
• Affidavit of Support Fee: $120

3. Conditional Green Card

If approved, the applicant receives a conditional green card valid for 2 years.

4. Form I-829: Removal of Conditions

Must be filed within 90 days of green card expiration.

• Filing Fee: $9,525
• Processing Time: 22–48.5 months

✦ EB-5 Visa Costs Overview

✦ Targeted Employment Area (TEA)

TEAs include:

• Rural regions (population < 20,000)
• Areas with unemployment rates at least 150% of national average

Investing in TEAs offers lower capital thresholds.

✦ Direct vs. Regional Center Investment

🟩 Direct Investment:

• Investor has hands-on managerial role
• Must directly create 10 jobs

🟩 Regional Center Investment:

• Investor can be passive
• Allows for indirect job creation
• Common in high-unemployment or rural areas

Administrative fees for Regional Centers range from $50,000 to $70,000.

✦ Benefits of the EB-5 Visa

Permanent residency for the investor and qualifying family members Freedom to live and work anywhere in the U.S. Access to U.S. education and healthcare systems Path to U.S. citizenship after 5 years

✦ FAQs on EB-5 Investor Visa

What is a troubled business? A business that has been operating for at least 2 years and incurred a net loss equal to at least 20% of its net worth in the 12-24 months preceding the I-526 filing.

Can I include my family? Yes. Your spouse and unmarried children under 21 can receive green cards.

What happens if Form I-829 is denied? Your conditional green card expires, and USCIS may issue a Notice to Appear (NTA) for removal proceedings.

How do I add a new derivative on Form I-829? Email USCIS.ImmigrantInvestorProgram@uscis.dhs.gov with the subject "Request to Add Derivative to Form I-829" and attach:

• Copy of receipt notice
• Proof of relationship
• Identification documents
• Biometrics fee ($85)

What if I want to work during the process? Once you receive conditional residence, you may live and work freely in the U.S. No separate work authorization is required.

✦ Final Thoughts

The EB-5 program remains one of the most straightforward paths to permanent residency through investment. However, it requires extensive documentation, strategic planning, and significant financial commitment.

At TRW Law Firm, our experienced immigration team can guide you from your initial investment through to the final green card issuance.

Contact Us Today:

• ✉ info@trfirm.com
• 📞 +8801708000660, +8801847220062, +8801708080817
• 📍 Dhaka Office: House 410, Road 29, Mohakhali DOHS
• 📍 Dubai Office: Rolex Building, L-12 Sheikh Zayed Road

Visit: tahmidurrahman.com for more details.

Let TRW be your trusted legal partner for EB-5 success.