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What are the requirements for obtaining an EB-5 visa through a Regional Center?

Picture of Chris Battis By   ·  1 minute read

As an attorney, I can advise you on the requirements for obtaining an EB-5 visa through a Regional Center. The EB-5 visa is a type of employment-based visa for investors who wish to invest in a new commercial enterprise in the US. To be eligible for an EB-5 visa through a Regional Center, the following requirements must be met:

  1. Investment: The investor must make a capital investment of $1,000,000 or $500,000 in a Targeted Employment Area (TEA) in a new commercial enterprise.
  2. Job Creation: The investment must create at least 10 full-time jobs for US workers. These jobs can be direct or indirect jobs.
  3. Regional Center Approval: The investment must be made through a USCIS-approved Regional Center. A Regional Center is an organization that allows investors to pool their investments in multiple projects, thereby fulfilling the job creation requirement.
  4. Source of Funds: The investor must demonstrate that the investment funds were obtained legally. The investor must also demonstrate that the funds are from a legitimate source, such as a business, salary or inheritance.
  5. Business Plan: The investor must submit a detailed business plan that describes the nature of the business, the investment and job creation plan, and the anticipated impact on the US economy.
  6. Immigration Petition: The investor must file an immigration petition with the US Citizenship and Immigration Services (USCIS) on Form I-526.
  7. Conditional Green Card: If the I-526 petition is approved, the investor and their immediate family members can apply for a conditional green card valid for two years.
  8. Removal of Conditions: After two years, the investor must file Form I-829 to remove the conditions on the green card. To do so, they must demonstrate that the investment was sustained and fulfilled the job creation requirement.

It is important to note that the requirements for obtaining an EB-5 visa through a Regional Center can be complex and subject to change. It is advisable to seek the guidance of an experienced attorney to ensure that all requirements are met and that the process is completed successfully.