What are the requirements for obtaining an investor visa in the United States?

As an attorney, I can provide legal advice on the requirements for obtaining an investor visa in the United States. An investor visa, also known as an EB-5 visa, allows foreign investors to obtain permanent residence in the United States by investing in a new commercial enterprise in the U.S.

To be eligible for an investor visa, the applicant must meet the following requirements:

1. Investment: The applicant must invest at least $1.8 million in a new commercial enterprise in the United States, or $900,000 if the enterprise is located in a designated targeted employment area (TEA).
2. Employment creation: The investment must create at least 10 full-time jobs for U.S. workers within two years.
3. New commercial enterprise: The investment must be made in a new commercial enterprise, which is defined as a for-profit business that was established after November 29, 1990, or one that has been restructured or expanded in such a way that it results in a new commercial enterprise.
4. Lawful source of funds: The applicant must prove that the investment funds were obtained through lawful means. This means that the funds cannot be derived from criminal activities, such as money laundering or human trafficking.
5. Management role: The applicant must have a management role in the new commercial enterprise, either through day-to-day management or through policy formulation.

In addition to these requirements, the applicant must also file Form I-526, Immigrant Petition by Alien Entrepreneur, with U.S. Citizenship and Immigration Services (USCIS). If the petition is approved, the applicant can apply for a conditional green card, which is valid for two years.

Once the applicant has obtained conditional permanent residence, they must file Form I-829, Petition by Entrepreneur to Remove Conditions, within 90 days of the two-year anniversary of the grant of conditional permanent residence. This petition must show that the investment has been sustained and the job creation requirement has been met.

It is important to note that the investor visa program has a limited number of visas available each year, and there is often a waiting list. It is therefore important to apply as early as possible to increase the chances of obtaining a visa.

In summary, to obtain an investor visa in the United States, the applicant must invest at least $1.8 million in a new commercial enterprise, create at least 10 full-time jobs, prove a lawful source of funds, have a management role in the enterprise, and file the appropriate forms with USCIS. If you have any questions or concerns regarding the investor visa process, it is recommended that you consult with an experienced immigration attorney for further guidance.