Eb-5 Visa
What is EB-5 Visa
Is a popular option for foreign investors who are looking to live and work in the United States. This program was created by the U.S. government to encourage foreign investment in the country and to create jobs for American workers.
In exchange for their investment, foreign investors can receive a Green Card, which gives them permanent residency in the United States.
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Years of Experience
Is a popular option for foreign investors who are looking to live and work in the United States. This program was created by the U.S. government to encourage foreign investment in the country and to create jobs for American workers.
In exchange for their investment, foreign investors can receive a Green Card, which gives them permanent residency in the United States.
EB-5 visa grants U.S. residency
The EB-5 visa allows eligible investors to become permanent residents of the United States. They can become Green Card holders by investing substantial capital to finance a U.S. business. There are numerous EB-5 visa requirements we will review in depth.
On March 15, President Biden signed an EB-5 Reform and Integrity Act of 2022 that includes an EB-5 Regional Immigrant Investor Center Program authorization and several effective implementation dates for the program.
This program will be effective until September 30, 2027.
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What is needed to apply for the EB-5 visa?
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Find investment opportunity
To apply for the EB-5 visa, foreign investors must first find a qualifying investment opportunity. This can be a new business or an existing one that is looking to expand.
The investment must be made in a legal and operational enterprise, and the investor must be actively involved in the management of the business.
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File petition with USCIS
Once the investment has been made, the foreign investor must file a petition with U.S. Citizenship and Immigration Services (USCIS). This petition must include evidence of the investment and proof that the investment will create jobs for U.S. workers.
If the petition is approved, the investor will receive a conditional Green Card, which is valid for two years.
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Prove investment success
During the two-year period, the foreign investor must prove that the investment has been successful and that the required jobs have been created.
If the conditions of the EB-5 visa are met, the investor’s Green Card will become permanent. With a permanent Green Card, the investor can live and work in the United States permanently and can apply for U.S. citizenship after five years.
How to obtain an EB-5 visa
Applicants for the EB-5 visa must follow these four basic steps to apply for the visa.
The EB-5 visa application process
Step 1
Choose a qualifying commercial enterprise
The first step in obtaining an EB-5 visa is to choose a qualifying commercial enterprise. This can be a new commercial enterprise that was established after Nov. 29, 1990, or an existing business that has been reorganized or expanded to meet the requirements of the EB-5 program.
Step 2
Invest the required amount of capital
The next step is to invest the required amount of capital into the chosen commercial enterprise. The minimum investment amount is $1.05 million, or $800,000 if the investment is made in a targeted employment area (TEA). The investment must be at-risk and actively managed by the investor.
Step 3
File Form I-526
Once the investment has been made, filing Form I-526 with USCIS is necessary to prove that the investment meets the EB-5 program requirements, including job creation for US workers.
Step 4
Obtain conditional permanent residency
If Form I-526 is approved, the next step is to obtain conditional permanent residency. This is typically done by filing Form I-485, Application to Register Permanent Residence or Adjust Status, or by consular processing if the investor is outside the U.S.
Step 5
Remove conditions on permanent residency
The final step is filing Form I-829 with USCIS within 90 days before the second anniversary of conditional residency. The form should show that the enterprise is established, investment is made, and 10 full-time jobs created for US workers.
We Provide Guidance
The EB-5 visa program
The EB-5 visa program has been successful in attracting foreign investment to the United States and has created thousands of jobs for American workers.
However, it is important for foreign investors to carefully consider the risks and benefits of the program before making an investment. A qualified immigration attorney can provide guidance and assist with the EB-5 visa application process.
Documentation to present
Relatives of the L-1 visa holder
Relatives of an L-1 visa holder may be eligible to accompany or join the L-1 visa holder in the United States under certain conditions.
