EB-5 visa

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The EB-5 visa, also known as the Immigrant Investor Program, is an employment-based immigrant visa category in the United States that provides a pathway to permanent residency (green card) for foreign investors. The EB-5 visa is designed to stimulate the U.S. economy through job creation and capital investment by foreign investors.

Key Requirements of the EB-5 Visa:

  1. Investment Amount:
    • The standard minimum investment amount is $1,050,000.
    • If the investment is made in a Targeted Employment Area (TEA), which includes rural areas or areas with high unemployment, the minimum investment amount is reduced to $800,000.
  2. Job Creation:
    • The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the United States as a Conditional Permanent Resident.
    • These jobs must be direct jobs if the investment is made in a new commercial enterprise or can be indirect jobs if the investment is made through a Regional Center.
  3. New Commercial Enterprise:
    • The investment must be made in a new commercial enterprise established after November 29, 1990, or in an existing business that has been restructured or expanded such that a new commercial enterprise results.
  4. Regional Center Program:
    • Investors can choose to invest in a Regional Center, which is an economic unit designated by U.S. Citizenship and Immigration Services (USCIS) to promote economic growth, improve regional productivity, create jobs, and increase domestic capital investment.
    • Investing through a Regional Center allows for indirect job creation, which can be easier to document.

Application Process:

  1. Form I-526, Immigrant Petition by Alien Investor:
    • The investor must file Form I-526 with USCIS to demonstrate that the investment meets all EB-5 requirements.
  2. Conditional Permanent Residence:
    • Once the I-526 petition is approved, and if the investor’s Priority Date is current, the investor can apply for a conditional green card either through Adjustment of Status (Form I-485) if they are in the U.S., or through consular processing if they are abroad.
    • The investor and their immediate family members (spouse and unmarried children under 21) will receive conditional permanent residency for two years.
  3. Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status:
    • Within the 90-day period immediately before the second anniversary of the investor’s admission to the United States as a conditional permanent resident, the investor must file Form I-829 to remove the conditions on their permanent residence.
    • The I-829 petition must demonstrate that the investment was sustained and that the required jobs were created or maintained.

Benefits of the EB-5 Visa:

  • Provides a direct pathway to permanent residency (green card) for the investor, their spouse, and their unmarried children under 21.
  • Does not require a specific job offer or labor certification.
  • Offers the flexibility to live, work, and retire anywhere in the United States.
  • Potential for return on investment if the business venture is successful.

Typical Candidates for EB-5 Visa:

  • High-net-worth individuals looking to invest significant capital in the United States.
  • Entrepreneurs interested in starting or expanding a business in the U.S.
  • Investors seeking a relatively fast track to obtaining a green card for themselves and their family.

The EB-5 visa is an attractive option for foreign investors who are willing to invest substantial capital in the U.S. economy and create jobs, offering a viable route to permanent residency.

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