What are the requirements for obtaining an EB-5 visa?
By
EB-5 Immigration Lawyer
As an EB-5 Immigration Lawyer, I can provide you with the current requirements for obtaining an EB-5 visa. An EB-5 visa, also known as the Employment-Based Fifth Preference Visa, is a type of visa that allows foreign investors to live and work in the United States. The EB-5 program was created in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.
Requirements for Obtaining an EB-5 Visa
The basic requirements for obtaining an EB-5 visa are as follows:
- Investment of at least $1.8 million or $900,000 in a Targeted Employment Area (TEA)
- Job creation
- Lawful Source of Funds
- Active Investment
- Approval of Petition
To obtain an EB-5 visa, the foreign investor must invest at least $1.8 million in a commercial enterprise in the United States. However, if the investment is made in a TEA, which is an area with high unemployment or a rural area, the investment can be reduced to $900,000.
The investment must create at least 10 full-time jobs for U.S. workers. These jobs must be created within two years of the investor’s admission into the United States.
The investor must provide evidence demonstrating that the investment funds were obtained through lawful means.
The investor must play an active role in the management of the commercial enterprise. Alternatively, the investor can invest in a Regional Center, which allows them to be a passive investor.
The investor’s I-526 petition must be approved by U.S. Citizenship and Immigration Services, and they must meet all other eligibility requirements for the visa.
It is important to note that the $1.8 million or $900,000 investment must be made in a new commercial enterprise or an existing enterprise that is being restructured or expanded. The investment cannot be made in a business that already exists without any substantial changes.
In addition, the investor must provide evidence that the investment will create jobs for U.S. citizens or lawful permanent residents. The job creation can be direct or indirect, meaning that the investment can create jobs both directly within the commercial enterprise and indirectly through other businesses or entities that benefit from the investment.
If an investor meets all of these requirements, they may be eligible for an EB-5 visa. However, it is crucial to consult with an experienced EB-5 Immigration Lawyer to review the specific facts of the case and to ensure that all legal requirements are met.
