What is EB-5?
EB-5 investor visa, employment-based immigration, is for foreign investors seeking to obtain permanent residency in the United States.
It was a visa created by Congress to stimulate the economy through job creation and capital
investment by foreign investors. It provides an opportunity for eligible investors and their families to
obtain lawful permanent residency. Commonly known as a green card, by making a qualifying
investment in a commercial enterprise.
Requirements
To be eligible for the EB-5 program, applicants must meet certain criteria:
A. Capital Investment – Applicants must invest a minimum amount of capital in a qualifying
commercial enterprise. The required investment amount varies depending on the area of
investment, with a minimum of $1.05 million for a standard investment or $800,000 (if the
petition was filed after March 15, 2022) for investments made in targeted employment areas
(TEAS), which are designated as areas with high unemployment rates or rural areas.
B. Job Creation – The investment must create or preserve a minimum number of full-time jobs
for qualified U.S. workers. Generally, the requirement is to create at least 10 full-time jobs
within two years of the investor’s admission to the U.S. as a conditional permanent resident.
How to Apply?
The application process for the EB-5 Visa is a long and grueling process:
A. Preparation: The first step is to thoroughly research and select a qualifying commercial
enterprise in which to invest. It is crucial to work with experienced professionals such as
immigration attorneys and investment advisors to navigate the process effectively.
B. File Form I-526 – The investor must file Form I-526 with the United States Citizenship and
Immigration Services (USCIS). This form serves as proof of the investment and includes
supporting documentation, such as business plans, financial records, and evidence of job
creation.
C. Conditional Permanent Residency – Upon approval of Form I-526, the investor, along with
their eligible family members may apply for conditional permanent residency by filing Form
I-485 or through consular processing if residing outside the U.S.
D. Removal of Conditions – Within the 90 days preceding the second anniversary of obtaining
conditional permanent residency, the invest must file Form I-829, Petition by Investor to
Remove Conditions on Permanent Resident Status. This petition provides evidence that the
investment has been sustained and the job creation requirements have been met.
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