The EB-5 visa, also known as the Investor Visa, is a category of immigration visa in the United States that allows foreign investors and their immediate family members to obtain permanent residency by making a substantial investment in a qualifying U.S. business. It is designed to attract foreign capital and stimulate job creation in the United States.

To qualify for the EB-5 visa, the applicant must meet the following requirements:

Investment Amount

The applicant must invest a minimum amount of capital in a new commercial enterprise in the United States. The required investment amount varies depending on the location of the investment. Currently, the minimum investment is $1.8 million for a standard project or $900,000 for a project located in a targeted employment area (TEA) that is either a rural area or an area with high unemployment

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.

Source of Funds

The applicant must provide evidence to prove that the investment capital was lawfully obtained. The funds cannot be borrowed, and they must come from a lawful business, salary, sale of property, inheritance, or gift, among other acceptable sources.

Active Engagement

While the EB-5 visa is primarily an investment-based visa, applicants are required to demonstrate that they will actively engage in the management of the new commercial enterprise, either through day-to-day managerial control or through policy formulation.

The EB-5 visa application process involves several steps. The applicant must submit a Form I-526 petition to the United States Citizenship and Immigration Services (USCIS), providing documentation and evidence to support the investment and job creation requirements. If the petition is approved, the investor and their immediate family members can apply for conditional permanent residency by submitting a Form I-485 application or through consular processing at a U.S. embassy or consulate.

After two years of holding conditional permanent residency, the investor and their family can file a Form I-829 petition to remove the conditions and obtain permanent residency (Green Card) if they have fulfilled the investment and job creation requirements.

The EB-5 visa offers foreign investors and their families the opportunity to live, work, and eventually become U.S. citizens. It provides a path to permanent residency and offers potential benefits such as access to quality education, healthcare, and business opportunities in the United States.

However, it’s important to note that the EB-5 program has specific requirements, and the investment process can be complex. It is highly recommended to work with experienced immigration attorneys and investment professionals who specialize in the EB-5 program to ensure compliance with all legal and financial obligations.