Tag: Permanent Residence

Elements and Overview of the EB-5 Investor Visa

The US EB-5 Investor Visa is for foreign entrepreneurs who can invest the required amount in a new commercial enterprise and can lead to a green card.

EB-5 Investor Visa

Are you dreaming of investing in the “American Dream?” If the answer to that question is “YES!” then the EB-5 Investor Visa may be the right option for you. Although both the E2 and EB-5 Investor Visas were established to spur economic growth and create jobs, only the EB-5 provides a pathway to permanent residency for foreign investors and their families. If you believe you already qualify for an EB-5 visa, click here to schedule a consultation; however, if you would like to get a better understanding of what the EB-5 visa entails, then keep reading!

Elements of an EB-5 Investor Visa 

The EB-5 Investor Visa program is designed to attract foreign capital by encouraging investments in new commercial enterprises that create jobs for U.S. workers.  The government views the EB-5 as having three main elements:

  1. The immigrant’s investment of capital;
  2. in a new commercial enterprise;
  3. that creates 10 jobs per investor.

Of course, proving each of these elements requires different evidence.  

  1. Investment Amount:
    • To qualify, investors must make a capital investment of at least $1,050.00 in a new commercial enterprise; however, if the investment is located in a targeted employment area (TEA), where unemployment is high, the minimum required investment is reduced to $800,000.
  2. Job Creation:
    • One of the primary goals of the EB-5 program is to stimulate job growth. Investors must demonstrate that their investment results in the creation of at least 10 full-time jobs for qualifying U.S. workers within two years of obtaining conditional permanent residency.
  3. Source of Funds:
    • USCIS requires investors to prove that their investment funds are obtained legally. A comprehensive documentation process is necessary to establish the legitimate source of funds used for the investment.
  4. Conditional Permanent Residency:
    • Successful EB-5 applicants, along with their immediate family members, receive conditional permanent residency in the United States. This status is granted for a period of two years and can later be converted into unconditional permanent residency.

Important Steps to Obtain an EB-5 Investor Visa

The steps below are important milestones in the EB-5 visa application process.  Consult a licensed US immigration attorney to thoroughly review all the steps necessary.

  1. Research and Consultation:
    • We recommend that you begin by thoroughly reading the USCIS requirements for the EB-5 program. It’s always a good idea to schedule a consultation with licensed US immigration attorneys to gain a comprehensive understanding of the process.
  2. Identify a Suitable Investment:
    • Choose a new commercial enterprise that aligns with the EB-5 program requirements. This can involve starting a new business, expanding an existing one or revitalizing a struggling enterprise.
  3. Financial Planning:
    • Evaluate your financial capabilities and ensure you have the minimum required investment amount. Work with financial advisors to organize and document the source of your funds to meet USCIS requirements.
  4. File Form I-526:
    • The initial application involves filing Form I-526, Immigrant Petition by Alien Entrepreneur, with USCIS. This petition provides detailed information about your investment, business plan, and the source of funds. USCIS will review this petition to determine eligibility.
  5. Conditional Permanent Residency:
    • Upon approval of Form I-526, investors and their eligible family members can apply for conditional permanent residency by filing Form I-485 with USCIS or through consular processing.
  6. Removal of Conditions:
    • 90 days before the second anniversary of receiving conditional permanent residency, investors should file Form I-829 to remove the conditions and obtain unconditional permanent residency. If you have not met all the conditions, speak with a licensed immigration attorney ASAP!

Embarking on the EB-5 Investor Visa journey requires careful planning, meticulous documentation and legal expertise. If you’re considering the EB-5 program or have questions about your eligibility, contact the passionate attorneys at AVA Global today for personalized assistance on your path to obtaining the American Dream!

Current as of March 6, 2024.

**This post is not legal advice nor does engagement with this post create an attorney/client relationship.