EB-5 Visa – Immigrant Investor Program

Overview

The EB-5 visa provides a pathway to permanent residence (green card) for foreign investors who make a qualifying investment in the United States that creates jobs and promotes economic growth. It is designed to attract foreign capital to U.S. businesses and projects.

Who Qualifies for an EB-5 Visa?

Investment Amount

• Minimum of $1,050,000 in a new commercial enterprise, or
• $800,000 if investing in a Targeted Employment Area (TEA) — a rural area or high-unemployment region.

Job Creation

The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the immigrant’s admission.

Eligible Investment

Investment must be in a new commercial enterprise, which can include a new business or a troubled business that is restructured or expanded.

Source of Funds

The funds must be obtained legally and documented thoroughly.

How to Apply for an EB-5 Visa

1. Choose an Investment Project:Select a qualifying commercial enterprise or regional center project approved by USCIS.
2. Make the Investment:Invest the required capital amount into the project and ensure it meets all legal and regulatory requirements.
3. File Form I-526 (Immigrant Petition):Submit evidence of the investment, source of funds, and proof of job creation plans to USCIS.
4. USCIS Processing:USCIS reviews the petition; processing times vary.
5. Apply for a Visa or Adjustment of Status:Once approved, investors and their families can apply for an immigrant visa at a U.S. consulate or file Form I-485 if already in the U.S.
6. Conditional Permanent Residency:Receive a conditional green card valid for two years.
7. Remove Conditions:Within the 90-day period before the second anniversary, file Form I-829 to remove conditions and obtain permanent residence.

Benefits of an EB-5 Visa

• Permanent Residency:
  Grants a green card to the investor and eligible family members.
• Family Inclusion:
  Spouse and children under 21 can also obtain green cards.
• Path to U.S. Citizenship:
  After five years of permanent residency, investors can apply for U.S. citizenship.
• No Sponsorship Needed:
  Self-sponsored; does not require a U.S. employer or family member.

Important Considerations

• Investment Risks:
  The investment must be at risk and actively managed; there is no guarantee of return.
• Job Creation Requirement:
  Must demonstrate that the investment will create or preserve the required jobs.
• Processing Times:
  Can be lengthy, often taking several years.
• Regional Centers:
  Many investors choose regional center projects, which can facilitate job creation and investment management.