What is the process for obtaining an EB-5 visa?
By
As an attorney, I can provide you with the process for obtaining an EB-5 visa. An EB-5 visa is a type of immigrant visa available to foreign investors who wish to invest in new commercial enterprises or regional centers in the United States.
The first step in obtaining an EB-5 visa is to make an investment in a new commercial enterprise or regional center in the United States that meets the criteria set forth by the United States Citizenship and Immigration Services (USCIS) in the EB-5 program.
The minimum investment amount for an EB-5 visa is $1.8 million, although there are certain defined targeted employment areas where the minimum investment amount is $900,000. The investment must also create at least 10 new full-time jobs for U.S. workers within two years of the investor's admission to the United States.
Once the investment is made, the investor must file an I-526 petition with the USCIS. This petition must include documentation showing that the investment meets the EB-5 program criteria, including evidence that the investment was made with legal funds and that the required job creation will occur.
If the USCIS approves the I-526 petition, the investor may then apply for a visa at a U.S. consulate or embassy in their home country or apply for adjustment of status if they are already in the United States on a different visa.
The investor and any accompanying family members must undergo a background check and obtain medical exams before being granted a visa. The investor must also provide evidence of their ability to support themselves and their family while living in the United States.
It is important to note that the EB-5 program has certain limitations and exceptions. For example, the available visas are subject to an annual cap, and some investors may be subject to additional visa retrogression if demand exceeds supply.
In addition, the USCIS may deny an investor's petition if they find that the investment does not meet all of the program criteria or if there is evidence of fraud or misrepresentation.
If you are considering applying for an EB-5 visa, it is recommended that you consult with an experienced immigration attorney who can guide you through the process and help identify potential issues that may need to be addressed.
