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The pursuit of the American dream has drawn individuals from around the world to the United States, seeking opportunities for prosperity, growth, and a better quality of life. For those who wish to not only live but also invest in the U.S. at the same time, the EB-5 Investor Visa offers a viable pathway to achieve these aspirations.
If you are interested in applying, it’s crucial to understand the details of the EB-5 Investor Visa, as well as its benefits, requirements, application process, and impact on both investors and the U.S. economy.
Ready to hire an immigration lawyer to help you with a Visa? Book a consultation on Tina’s calendar. Contact her at 385-396-4599. Or complete the form below and we’ll connect you today.
The EB-5 Investor Visa program was established by the U.S. Congress in 1990 to grow the U.S. economy via job creation and capital investment by foreign investors. It’s called the EB-5 the name of the employment-based fifth preference visa qualified participants receive.
This program provides eligible foreign nationals, along with their immediate families, the opportunity to obtain permanent residency in the U.S. by making a substantial investment in a qualifying U.S. business.
Every EB-5 investor is required to put funds into a newly launched company. Their new commercial enterprise must have been established either:
After November 29, 1990; or
If established before November 29, 1990, the company must have been:
A new commercial venture is considered any for-profit organization established to continue conducting authorized business, including the following:
The EB-5 Investor Visa offers a range of substantial benefits to foreign investors, including the following:
The primary benefit of the EB-5 program is the opportunity to obtain lawful permanent residency, commonly referred to as a green card. Under the EB 5 visa, the investor, their spouse, and unmarried children under 21 years old are eligible for a green card.
Unlike many other immigrant visa categories, the EB-5 program doesn’t mandate employer or family sponsorship. Investors and their families can enjoy the flexibility of self-petitioning.
Investors have the freedom to choose their investment project, whether it’s a new commercial enterprise or a regional center project. This allows them the flexibility and autonomy to invest in industries and regions that align with their preferences and goals.
As green card holders, EB-5 investors and their families can access quality education and healthcare services in the U.S. without meeting any further requirements.
Not only does the EB-5 visa help investors meet their professional and financial goals, but it can pave the way for them and their families to become citizens of the United States. After maintaining their conditional green card for five years and meeting specific criteria, EB-5 investors and their families may apply for U.S. citizenship.
To be eligible for the EB-5 Investor Visa, individuals must meet specific investment and job creation requirements as follows:
Investors must invest a minimum of $1.8 million in a new commercial enterprise. However, suppose the investment is made in a targeted employment area (TEA) with high unemployment or rural conditions. In that case, the minimum investment decreases to $900,000.
The investment must lead to the creation of at least ten full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the U.S. as a conditional permanent resident.
The investment must be at risk for the purpose of generating a return on the capital placed at risk.
The investment must be made in a new commercial enterprise, which can be a for-profit business entity formed for the lawful conduct of business.
Ready to hire an immigration lawyer to help you with a Visa? Book a consultation on Tina’s calendar. Contact her at 385-396-4599. Or complete the form below and we’ll connect you today.
The EB-5 application process involves several stages that can sometimes be lengthy.
First, EB 5 applicants must select an investment project. They can either choose a direct investment project or invest through a USCIS-approved regional center. Regional centers are entities that sponsor capital investment projects and promote economic growth within a designated geographic area.
Next, Eb-5 investors must file Form I-526, Immigrant Petition by Alien Investor, with U.S. Citizenship and Immigration Services (USCIS). This petition demonstrates the investor’s eligibility and outlines the investment plan. Upon approval of the I-526 petition, investors and their eligible family members can apply for conditional green cards.
Then, Eb-5 investors must make the required investment and ensure the creation of the requisite jobs within the designated timeframe. After the two-year conditional period, investors can file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, with U.S. Citizenship and Immigration Services to remove the conditions from their green cards. This petition demonstrates that the investment and job creation requirements have been met.
The EB 5 immigrant investor must submit their Form I-829 within 90 days of the two-year anniversary of the date they received conditional permanent resident status to request the removal of the conditions. Both the following documentation is required with the immigrant investor’s petition to lift the restrictions:
The EB-5 Investor Visa program has a notable impact on the U.S. economy:
While the EB-5 Investor Visa offers a promising opportunity, navigating the complex application process requires careful planning and legal expertise. Engaging an experienced immigration attorney can significantly enhance the chances of success and ensure compliance with all requirements.
As the EB-5 program continues to provide a gateway to the American dream for investors worldwide, understanding its nuances and potential benefits is essential for those seeking to forge a prosperous future in the United States. With the right investment, guidance, and dedication, the EB-5 Investor Visa can pave the way for a new chapter of success and opportunity on American soil.
Ready to hire an immigration lawyer to help you with a Visa? Book a consultation on Tina’s calendar. Contact her at 385-396-4599. Or complete the form below and we’ll connect you today.
Tina Ghomashchian is a U.S. immigration lawyer and the founder of TZG Law. Tina is originally from the United Kingdom where she graduated from one of the U.K.’s top law schools – Dundee University Law school. Upon graduation Tina immigrated to the United States where she worked in the fields of civil litigation and immigration before starting TZG Law. Tina has a passion for humanitarian work and wants to incorporate her passion into her law firm through helping immigrants achieve legal status at affordable costs. She has successfully helped 20,000 people receive visas.
