The process for obtaining an EB-5 investor visa starts with the filing of a Form I-526 with the United States Citizenship and Immigration Services (USCIS). The purpose of this form is to demonstrate that the applicant has invested, or is actively in the process of investing, at least $900,000 in a new commercial enterprise located within a targeted employment area, or $1.8 million outside such an area.
Once the Form I-526 is approved, the applicant will then be required to apply for conditional permanent residence by filing a Form I-485 or by obtaining an immigrant visa at a US Consulate abroad. The applicant must also establish that the investment has created or will create at least ten full-time positions for US workers within two years of the approval of the Form I-526.
The EB-5 investor visa program has established several requirements that must be met in order to qualify for the visa, including the source of funds and the bona fide nature of the investment. The applicant will also be required to undergo a background check and demonstrate that they are admissible to the United States.
It is important to note that the EB-5 investor visa program has a limited number of visas available each year and is subject to annual quotas. As such, it is recommended that applicants seek legal counsel to ensure that they meet the requirements for the program and are able to obtain a visa in a timely manner.
In summary, the process for obtaining an EB-5 investor visa involves demonstrating a substantial investment in a new commercial enterprise and the creation of at least ten full-time positions for US workers. Applicants must also meet several eligibility requirements and undergo a background check. It is important to seek legal guidance to ensure that all requirements are met and the visa application process is successfully navigated.
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