EB-5 Visa

EB-5 Visa

The EB-5 visa is a United States immigration program that allows foreign nationals to invest in the country and obtain permanent residency. It is also known as the Immigrant Investor Program and was created in 1990 to stimulate the U.S. economy through job creation and capital investment.

Eligibility Requirements for EB-5 Visa

To be eligible for the EB-5 visa, you must meet the following requirements:

  1. Investment: You must make a minimum investment of $1 million in a new commercial enterprise, or $900,000 if the enterprise is located in a targeted employment area (TEA). A TEA is an area that has high unemployment or is a rural area.

  2. Job Creation: Your investment must create at least 10 full-time jobs for U.S. workers within two years of your admission to the U.S.

  3. Source of Funds: You must demonstrate that your investment funds come from a lawful source, such as business earnings, sale of assets, inheritance, or a gift.

  4. Admissibility: You must meet the general requirements for admissibility to the United States, such as not having a criminal record or a history of immigration violations.

Investment Requirements for EB-5 Visa

The investment requirements for the EB-5 visa include:

  1. New Commercial Enterprise: Your investment must be made in a new commercial enterprise, which is a for-profit entity that was established after November 29, 1990, or that was restructured and reorganized in a way that results in a new commercial enterprise.

  2. Active Management: You must play an active role in the management of the enterprise, such as by serving on the board of directors or as a limited partner.

  3. Job Creation: Your investment must create at least 10 full-time jobs for U.S. workers within two years of your admission to the U.S. These jobs must be direct jobs, meaning that they are held by employees of the enterprise, or indirect jobs, meaning that they are created as a result of the enterprise’s business activities.

Application Process for EB-5 Visa

To apply for the EB-5 visa, you must follow these steps:

  1. File Form I-526: You must file Form I-526, Immigrant Petition by Alien Entrepreneur, with U.S. Citizenship and Immigration Services (USCIS). This petition must include evidence of your investment, the source of your investment funds, and the potential for job creation.

  2. File Form DS-260: Once your Form I-526 is approved, you must file Form DS-260, Application for Immigrant Visa and Alien Registration, with the U.S. Department of State.

  3. Attend Interview: You must attend an interview at a U.S. embassy or consulate in your home country, where you will be asked questions about your eligibility for the visa.

  4. Obtain Conditional Green Card: If your application is approved, you will be granted a conditional green card, which is valid for two years. After two years, you can apply to have the conditions removed and obtain a permanent green card.

Benefits of EB-5 Visa

The EB-5 visa provides several benefits to those who are eligible, including:

  1. Permanent Residency: Once you are granted the EB-5 visa, you will be able to live and work in the United States permanently.

  2. Ability to Sponsor Family Members: You will also be able to sponsor your spouse and unmarried children under the age of 21