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What are the qualifications required for me to apply for an EB-5 visa?

Picture of Chris Battis By   ·  1 minute read

As an attorney, I can advise you on the qualifications required for you to apply for an EB-5 visa. The EB-5 visa is a type of immigrant visa that allows foreign investors to become permanent residents in the United States by investing in a job-creating enterprise.

Requirements for EB-5 Visa

  1. Invest in a new commercial enterprise: You must invest at least $1.8 million in a new commercial enterprise, or $900,000 if the enterprise is located in a targeted employment area (TEA). A TEA is an area with high unemployment rates or rural areas.
  2. Create or preserve at least 10 full-time jobs: Your investment must create or preserve at least 10 full-time jobs for U.S. workers. These jobs must be created within two years of your admission to the United States as a conditional permanent resident.
  3. Be involved in the management: You must be involved in the management of the new commercial enterprise. This means that you must either be a member of the board of directors, a corporate officer, or actively participate in the management of the enterprise.
  4. Lawful source of funds: You must have a lawful source of funds for your investment. This means that your funds must be derived from a legal business, salary, investment or gift. You will need to provide documentation to prove the source of funds.
  5. Conditional permanent residency: You will receive conditional permanent residency for a two-year period. At the end of the two-year period, you will need to show that you have met the requirements of the EB-5 visa program in order to become a permanent resident.

There may be limitations and exceptions to these requirements, depending on your individual circumstances. For example, if you are investing in a regional center, you may be able to satisfy the job creation requirement through indirect job creation. It is important to consult with an immigration attorney to determine the best course of action for your specific situation.

Overall, the requirements for the EB-5 visa program can be complex and require careful consideration. If you are interested in applying for an EB-5 visa, I recommend consulting with an experienced immigration attorney who can guide you through the process and ensure that you meet all the necessary qualifications.