As an EB-5 investor visa lawyer, the requirements for obtaining an EB-5 investor visa are as follows:
- Investment: The applicant must invest at least $1.8 million in a qualifying commercial enterprise (QCE) located within the United States or $900,000 if the QCE is in a targeted employment area (TEA). Further, the investment must lead to the creation of 10 full-time jobs for U.S. workers.
- Source of Funds: The investment capital must have been obtained through lawful means. It is essential to provide extensive financial documentation to show that the applicant has the funds required to invest in the QCE, which should include a thorough explanation of the source of the funds and why that source of funds is lawful.
- Business Plan: The application must include a comprehensive business plan, outlining how the applicant's investment will lead to the creation of 10 full-time jobs. The plan should provide detailed information on the QCE, the business model, planning for market research, target audience, estimated revenues, expenses, and other pertinent details.
- Admissibility: The applicant must be admissible under U.S. immigration law and must not have any criminal, immigration, or security issues that would disqualify them from obtaining the visa.
- Evidence of Investment: The applicant must provide substantial evidence of their investment in the QCE, demonstrating that they have expended the required amount of capital.
It is essential to note that a successful application must meet all the above requirements, and the process involves a multi-step process, beginning with the filing of the I-526 petition and ending with obtaining permanent residency through the I-829 petition.
Additionally, there are limited EB-5 visas allocated each year, with a maximum of 10,000, and allocations differ depending on the country of origin. The potential applicant should consult with an experienced immigration attorney to determine eligibility and explore alternative investor visa options if necessary.
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