EB-5 VISA

The EB-5 visa is an immigrant visa category that enables foreign investors and their immediate families to obtain U.S. green cards by investing in a new commercial enterprise in the United States. Established by Congress in 1990, the EB-5 program aims to stimulate the U.S. economy through job creation and capital investment by foreign investors.

• Permanent Residency: The EB-5 visa provides a direct route to obtaining a green card, allowing investors and their families to live, work, and study anywhere in the United States.

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• Path to Citizenship: After maintaining permanent residency for five years, EB-5 visa holders can apply for U.S. citizenship.

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• Family Inclusion: The primary investor, their spouse, and unmarried children under 21 are eligible for green cards under the EB-5 program.

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• No Sponsorship Needed: Unlike many other visa categories, the EB-5 visa does not require a U.S. employer to sponsor the applicant.

To qualify for the EB-5 visa, applicants must meet the following criteria:

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• Investment Amount: Invest a minimum of $1.05 million in a new commercial enterprise, or $800,000 if the investment is in a targeted employment area (TEA), which is a rural area or an area with high unemployment.

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• Job Creation: The investment must create or preserve at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the United States.

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• At Risk: The investment capital must be at risk, meaning there are no guarantees of a return on investment or protection against loss.

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• Lawful Source of Funds: Investors must provide evidence that the investment funds were obtained through lawful means.

• Consultation: Begin with an in-depth consultation with our immigration experts to assess your eligibility and investment goals.

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• Identify Investment Opportunity: Work with our team to identify suitable investment opportunities that meet the EB-5 program requirements, such as direct investments or Regional Center projects.

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• Prepare Documentation: Collect and prepare all necessary documentation, including proof of investment, source of funds, and business plans.

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• File Form I-526: Submit Form I-526, Immigrant Petition by Alien Investor, to U.S. Citizenship and Immigration Services (USCIS).

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• Conditional Green Card: Upon approval of the I-526 petition, apply for a conditional green card by filing Form I-485 (if you are in the U.S.) or DS-260 (if you are abroad).

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• Remove Conditions: After two years, file Form I-829 to remove conditions on the green card, demonstrating that the investment has met the job creation and other requirements.