As an attorney, I can provide information regarding the eligibility criteria for obtaining an EB-5 immigrant investor visa. An EB-5 visa is an employment-based immigrant visa program that offers foreign investors the opportunity to obtain permanent residency in the United States by investing in a qualifying U.S. commercial enterprise.
To be eligible for an EB-5 visa, an investor must meet the following criteria:
- Investment: The investor must invest at least $1.8 million in a new commercial enterprise or $900,000 in a targeted employment area (TEA) in the United States. A TEA is defined as a rural area or an area with high unemployment rates, which is designated by the U.S. government.
- Source of Funds: The investor must demonstrate that the investment funds were obtained through legal means, such as employment income, inheritance, or earnings on investments. The investor must also prove that the funds were acquired through lawful business or investment activities, and not from criminal activity.
- Job Creation: The investment must create at least 10 full-time jobs for U.S. workers within two years of the investor's admission to the United States. The jobs can be either direct or indirect.
- Business Entity: The investor must invest in a commercial enterprise, which can be either a for-profit business or a non-profit organization. The enterprise can include a sole proprietorship, partnership, corporation, or limited liability company.
It is important to note that the eligibility criteria may vary depending on the specific circumstances of the case. Also, there may be additional requirements and limitations based on the investor's nationality, country of origin, and investment location.
If you are considering applying for an EB-5 visa, it is recommended that you seek the assistance of an experienced immigration attorney, who can help guide you through the application process and ensure that you meet all of the eligibility criteria.
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