EB-5 Investor Visas
Short Answer
An EB-5 investor visa is an immigrant visa for foreign citizens who invest in a new commercial enterprise in the United States to gain permanent residency. To qualify, investors must create at least 10 full-time jobs for U.S. workers and meet a minimum investment requirement, which varies depending on the location. The program allows investors to bring their immediate family members and is subject to periodic reauthorization and regulatory changes.
An EB-5 investor visa is an immigrant visa for foreign citizens who invest in a new commercial enterprise in the United States. Eligible investors from other countries can get a visa for permanent residency to live and work in the U.S. Investors can also bring their family members.
Congress created this visa in 1990 to stimulate the economy with capital investments from foreign investors. However, the regulations are always subject to change. The EB-5 program is currently active, but its reauthorization status and expiration dates should be verified with the latest legislative updates. If you have any questions about the EB-5 visa, talk to an experienced immigration attorney for legal advice.
Who Is Eligible for an EB-5 Visa?
Any non-U.S. citizen can apply for an EB-5 visa if they can invest in a new commercial enterprise that will create 10 or more full-time jobs for U.S. workers over a two-year period. The program also allows investors to bring spouses and unmarried children under 21 to apply for green card status.
The minimum direct investment capital for the investor visa is $1,050,000 in most areas. This has increased since the introduction of the EB-5 immigration visa. However, there is a lower investment fund minimum of $800,000 if your EB-5 project is in a rural area or a designated high-unemployment area.
Generally, eligibility for the EB-5 visa program is open to people from any nation. However, people from some nations face longer wait times and backlogs because of the visa limits for those countries.
How Do You Apply for an EB-5 Visa?
The U.S. Citizenship and Immigration Services (USCIS) administers the application process for the EB-5 immigrant investor program. To apply for an EB-5 visa, file Form I-526, Immigrant Petition by Standalone Investor or Form I-526E for investors using Regional Centers. Check to see the waiting period for immigrant visas for your home country. You may be eligible to file for a green card. In this case, file Form I-485, Application to Register Permanent Residence or Adjust Status.
Once approved, the USCIS will grant you and your qualifying family members a two-year conditional permanent residence status.
What Is a Qualifying EB-5 Investment?
A qualifying investment is a for-profit new commercial enterprise that stimulates job creation. The current minimum investment amount is $1,050,000 or $800,000 if it is in a Targeted Employment Area (TEA). The investment project should create or preserve at least 10 permanent full-time jobs for qualified U.S. workers.
What Is an EB-5 Visa Regional Center?
An immigrant investor regional center is a public or private economic entity involved in the promotion of economic growth. The USCIS approves regional centers, with audits every five years. The regional center program provides a way for you to invest in a U.S. commercial enterprise as a foreign national. You can also take advantage of less restrictive job creation requirements.
What are the Job Creation Requirements for an EB-5 Visa?
The traditional job creation requirement for an EB-5 visa is 10 full-time jobs for qualified U.S. workers. A qualified U.S. worker is either a U.S. citizen or lawful permanent resident (LPR or green card holder). This also includes any other immigrant authorized to work in the country.
A full-time job is at least 35 hours per week. These jobs are directly related to the investment enterprise. Investors who go through a regional center can take advantage of the indirect job creation requirement.
Can You Get a Green Card With an EB-5 Visa?
Yes. Qualifying investors approved for an EB-5 visa are eligible to apply to become green card holders, allowing them to live and work in the United States. The spouses and unmarried children under 21 of qualifying investors can also get a green card.
How Can an Immigration Attorney Help With an EB-5 Visa?
An immigration attorney can explain the application process and help you get started with your visa application. If you run into any problems along the way, your lawyer can help clear up those issues and keep your EB-5 application on track.
Immigration laws in the U.S. are changing all the time. The most recent changes to the EB-5 program came with the 2022 EB-5 Reform and Integrity Act. Talk to an experienced investor immigration lawyer about the current investment requirements and processing times for an EB-5 visa.
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