To obtain an EB-5 visa, an individual must meet certain criteria and follow specific steps outlined by the U.S. Citizenship and Immigration Services (USCIS). Below are the qualifications required for obtaining an EB-5 visa:
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Investment:
The applicant must make a substantial investment in a new commercial enterprise. This means an investment of at least $1.8 million in a new commercial enterprise or at least $900,000 in a targeted employment area (TEA), which is an economically distressed area in the U.S.
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Job Creation:
The investment must create at least 10 full-time jobs for U.S. workers. These jobs must be created directly by the new commercial enterprise or indirectly through the investment.
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Source of Funds:
The investment funds must be obtained lawfully. The applicant must provide evidence of the source of funds, such as bank statements, tax returns, or evidence of the sale of property or assets.
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Business Plan:
The applicant must submit a comprehensive business plan that outlines the objectives of the new commercial enterprise and the proposed investment.
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Management Role:
The applicant must play an active role in managing the new commercial enterprise or at least have a policy-making role.
Once the applicant meets these qualifications, they can proceed with the EB-5 visa application process. This involves submitting a Form I-526, Immigrant Petition by Alien Entrepreneur, to the USCIS. If approved, the applicant can then file for adjustment of status to obtain a conditional permanent residency status in the U.S. or apply for an immigrant visa at a U.S. consulate or embassy abroad.
It is important to note that there may be certain limitations or exceptions to the EB-5 visa requirements, such as the definition of a new commercial enterprise or the definition of a targeted employment area. It is also important to obtain guidance and advice from a licensed attorney to ensure that all steps are followed correctly and accurately in the EB-5 visa application process.
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