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What are the eligibility requirements to apply for a visa through the EB-5 program?

Picture of Chris Battis By   ·  1 minute read

As a lawyer, I can provide you with information regarding the eligibility requirements for applying for a visa through the EB-5 program. The EB-5 program is a program that provides an opportunity for foreign investors to obtain a green card by investing in a commercial enterprise in the United States. Below are the eligibility requirements for the EB-5 visa program:

  1. Investment: The investor must invest at least $1.8 million in a new commercial enterprise in the United States. This investment amount may be reduced to $900,000 if the investment is made in a targeted employment area (TEA), which is an area that has high unemployment rates or is located in a rural area.
  2. Job Creation: The investment must create 10 full-time jobs for U.S. workers. These jobs must be created within two years of the investor receiving conditional permanent residence.
  3. Lawful Source of Funds: The investor must demonstrate that the funds used for the investment have been obtained through lawful means. This requirement may be met through bank statements, tax returns, or other evidence.
  4. Management Role: The investor must have a management role in the commercial enterprise. This may include being involved in the day-to-day operations of the enterprise or serving on the board of directors.
  5. Conditional Residence: Upon approval of the EB-5 petition, the investor will receive conditional permanent residence for a period of two years. During this time, the investor must maintain the investment and demonstrate that the required jobs have been created. After two years, the investor may apply to have the conditions removed and receive permanent residence.

It is important to note that some exceptions and limitations may apply to the eligibility requirements for the EB-5 visa program. For example, certain types of investments may not qualify for the program, and investors must also meet other admissibility requirements for entry into the United States.

If you are interested in applying for a visa through the EB-5 program, it is recommended that you consult with a licensed attorney who can provide you with personalized advice and guidance based on your specific circumstances.