As a lawyer, I can advise that an EB-5 visa, also known as an immigrant investor visa, is a category of employment-based visa that allows foreign investors to obtain permanent residency status in the United States. The eligibility requirements for obtaining an EB-5 visa are as follows:
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Investment Amount:
The applicant must invest a minimum of $1 million in a new commercial enterprise or $500,000 in a targeted employment area (TEA), which is a rural area or an area with high unemployment. The investment must also create at least 10 full-time jobs for U.S. workers.
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Lawful Source of Funds:
The investment funds must be obtained lawfully, and the applicant must provide evidence of the source of the funds.
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At-Risk Investment:
The investment must be at risk, which means that the investor must be subject to the potential loss of their investment, and the investment cannot be secured by the assets of the new commercial enterprise.
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Active Participation:
The applicant must actively participate in the management of the new commercial enterprise, either through day-to-day managerial control or through policy formulation.
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Admissibility:
The applicant must also meet the admissibility requirements for U.S. immigration, including no criminal history or security concerns.
It is important to note that there may be exceptions or limitations to these eligibility requirements, depending on the specific circumstances of the applicant's case. An experienced immigration attorney can review the applicant's specific situation and provide personalized advice.
In terms of further action, if an individual meets the eligibility requirements for an EB-5 visa, they may proceed with filing their application with United States Citizenship and Immigration Services (USCIS). However, due to the complex nature of the application process, it is advisable to seek the guidance of a qualified immigration attorney to maximize the chances of success.
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