To obtain an EB-5 Investor Visa for permanent residence in the United States, there are several requirements that must be met. Firstly, the investor must invest a minimum of $900,000 or $1.8 million in a new commercial enterprise, which can be either a for-profit business or a nonprofit organization. This investment must create a minimum of 10 full-time jobs for U.S. citizens, legal permanent residents, or other immigrants authorized to work in the United States.
Additionally, the investment must be made in a qualified EB-5 Regional Center, which is a privately owned business or public entity that is authorized by the U.S. Citizenship and Immigration Services (USCIS) to manage EB-5 projects. It is important to note that investments in non-qualified regional centers do not qualify for EB-5 visas.
To apply for an EB-5 visa, the investor must file a Form I-526 petition with USCIS, which includes evidence of the investment and proof that the investment created the required number of jobs. If approved, the investor and their eligible family members can then apply for conditional permanent residency.
After two years, the investor must file a Form I-829 petition to remove the conditions on their permanent residency. This requires evidence that the investment was sustained and the required number of jobs were created.
It is important to note that EB-5 visas have a limited annual allotment and may have a waiting list, with priority given to investors from underrepresented countries. Also, investments cannot be made from illegal sources, and criminal convictions or immigration violations may disqualify an applicant.
If an investor is unable to meet the requirements for an EB-5 visa, they may consider alternative visa options or seek legal advice to explore other options or remedy any issues that prevent qualification.
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