In order to obtain an EB-5 visa, an individual must meet certain eligibility requirements. The primary requirement is that the applicant must invest at least $1,800,000 in a new commercial enterprise that creates 10 full-time jobs for U.S. workers. If the investment is made in a targeted employment area (TEA), which is an area that has high unemployment or is located in a rural area, the investment can be reduced to $900,000.
Additionally, the applicant must demonstrate that the investment funds were obtained legally and that they have sufficient funds to make the investment. The investor must also be able to demonstrate that they have no intention of using the investment to simply purchase a residence in the U.S.
The application process for an EB-5 visa can take anywhere from 16 to 24 months and involves several steps. The first step is to file a Form I-526 with United States Citizenship and Immigration Services (USCIS). This form demonstrates that the investor has made the required investment and that the investment will create 10 full-time jobs for U.S. workers.
Once the Form I-526 is approved, the investor must file Form I-485 to adjust their status to that of a conditional permanent resident in the U.S. If the investor is outside of the U.S., they must apply for an immigrant visa at the U.S. consulate in their home country.
After two years, the investor can apply to have the conditions on their permanent residency removed by filing Form I-829. This form must demonstrate that the investor has maintained their investment and that the investment has created the required jobs.
It is important to note that there may be limitations and exceptions to the eligibility requirements for an EB-5 visa, depending on the specific circumstances of the investor. If an investor has questions or concerns about their eligibility, they should consult with an experienced immigration attorney who can provide guidance on their specific situation.
By
