What are the eligibility requirements for applying for an EB-5 visa?

The EB-5 visa, also known as the immigrant investor visa, is a program that allows foreign nationals to obtain permanent residency in the United States by investing in a commercial enterprise that will create jobs for U.S. citizens or permanent residents.

To be eligible for an EB-5 visa, an individual must meet the following requirements:

1. Investment: The applicant must invest a minimum of $1.8 million in a new commercial enterprise or $900,000 in a targeted employment area (TEA) that has been approved by the U.S. Citizenship and Immigration Services (USCIS). The investment must also be shown to be the applicant's own funds, or funds that were obtained through lawful means.
2. Job creation: The investment must also create a minimum of 10 full-time jobs for U.S. citizens or permanent residents within two years of the applicant receiving conditional permanent residency.
3. Lawful source of funds: The applicant must demonstrate that the funds used to make the investment were obtained through lawful means, such as business profits, inheritance, or the sale of property.
4. Background check: The applicant must also undergo a background check to determine if they have any criminal history or pose a security risk to the United States.

There are also a few additional considerations to keep in mind. First, the commercial enterprise must be engaged in a for-profit business activity. Second, any investment made in a TEA must be in a rural area or an area with high unemployment, as designated by the USCIS. Third, the applicant must maintain their investment for the entire period of their conditional permanent residency, which lasts for two years, and must demonstrate that the investment remained in place during that time.

If you are considering applying for an EB-5 visa, it is important to consult with an experienced EB-5 attorney who can guide you through the application process and ensure that you meet all of the eligibility requirements.