The EB-5 visa is an investment-based immigrant visa that allows foreign investors to obtain permanent residency in the United States. To qualify for an EB-5 visa, investors must meet certain requirements, including:
- Investment: The investor must invest at least $900,000 in a qualifying business located in a targeted employment area (TEA) or $1.8 million in a non-TEA.
- Job Creation: The investment must create at least 10 full-time jobs for U.S. workers.
- Source of Funds: The investor must demonstrate that the funds invested were lawfully obtained.
The process for obtaining an EB-5 visa involves several steps:
- File Form I-526: The investor must file Form I-526, Immigrant Petition by Alien Entrepreneur, with U.S. Citizenship and Immigration Services (USCIS) to prove that the investment meets the requirements for the EB-5 visa.
- Conditional Residency: If USCIS approves the I-526 petition, the investor and their family members are issued conditional residency for two years.
- Job Creation: Within the two-year conditional residency period, the investor must create or preserve 10 full-time jobs for U.S. workers.
- File Form I-829: After two years, the investor must file Form I-829, Petition by Entrepreneur to Remove Conditions, to remove the conditional residency status and obtain permanent residency.
It is important to note that EB-5 visas have a numerical limit of 10,000 per year, which includes visas for investors and their family members. Additionally, not all investments will meet the requirements for the EB-5 visa. Therefore, it is recommended that investors seek the advice of an experienced immigration attorney before proceeding with the EB-5 visa process.
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