EB-5 Investor Visas in the United States

EB-5 visas are granted to foreign nationals who make substantial investments in the United States and create jobs for American workers. This visa program is designed to promote economic growth and job creation in the United States by attracting foreign investors.

Requirements for EB-5 Visas

To obtain an EB-5 visa, an applicant must meet the following requirements:

1. Investment: The applicant must make a minimum investment of $1.8 million in a new commercial enterprise. If the enterprise is located in a targeted employment area (TEA), the minimum investment is $900,000. A TEA is defined as a rural area or an area with high unemployment.
2. Job creation: The investment must create at least 10 full-time jobs for American workers. These jobs must be created within two years of the investment.
3. Source of funds: The investment must come from a legitimate source of funds, such as earnings from a business, sale of property, or inheritance. The applicant must be able to provide documentation to prove the source of funds.
4. Involvement in the enterprise: The applicant must be actively involved in the management of the new commercial enterprise.
5. No criminal record: The applicant must have no criminal record and must not be a security threat to the United States.
6. Demonstrated ability to speak, read and write in English: This requirement may be waived if the applicant's native language is one of the official languages of the United States (English and Spanish).

If an applicant meets these requirements, they may apply for an EB-5 visa. The application process involves filing a Form I-526, Immigrant Petition by Alien Entrepreneur, with United States Citizenship and Immigration Services (USCIS). Once the petition is approved, the applicant may apply for a visa at a United States embassy or consulate in their home country.

Important Information to Note

It is important to note that the EB-5 visa program has a limited number of visas available each year, and the demand for these visas often exceeds the supply. This means that there may be a waiting period before an applicant can receive an EB-5 visa. Additionally, the visa program is subject to change, and applicants should consult with a knowledgeable immigration attorney for the most up-to-date information.

Summary

In summary, to obtain an EB-5 investor visa in the United States, an applicant must make a substantial investment in a new commercial enterprise, create at least 10 full-time jobs for American workers, have a legitimate source of funds, be actively involved in the enterprise, have no criminal record, and demonstrate an ability to speak, read and write in English. It is important to stay up-to-date on any changes to the EB-5 visa program and consult with an experienced attorney for advice on the application process.