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What are the requirements for obtaining an EB-5 visa?

Picture of Chris Battis By   ·  1 minute read

As a lawyer, I can advise you on the requirements for obtaining an EB-5 visa. The EB-5 visa is an employment-based visa for foreign investors who wish to invest a significant amount of capital in a commercial enterprise in the United States, which will create jobs for U.S. citizens or residents.

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

  1. Investment amount: The investor must invest at least $1 million in a new commercial enterprise located within the United States. If the commercial enterprise is located in a targeted employment area (TEA), which includes areas with high unemployment rates, the minimum investment is reduced to $500,000.
  2. Source of funds: The investment capital must be obtained from a lawful source, such as inheritance, real estate sales, business profits, or gifts. The investor must provide evidence showing the source of the funds.
  3. Job creation: The investor must create or preserve at least 10 full-time jobs for U.S. workers within two years of admission to the United States as a conditional permanent resident.
  4. Involvement in the commercial enterprise: The investor must be involved in the management of the commercial enterprise or have a policy-making role in the business.
  5. Admissibility: The investor and any family members must be admissible to the United States, which means they do not have a criminal history or pose a threat to national security or public health.

It is important to note that obtaining an EB-5 visa is a complex process and requires the assistance of an experienced immigration lawyer. The investor must file Form I-526, Immigrant Petition by Alien Entrepreneur, with U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, the investor may apply for conditional permanent residency by filing Form I-485, Application to Register Permanent Residence or Adjust Status. After two years, the investor may apply to remove the conditions on their residency by filing Form I-829, Petition by Entrepreneur to Remove Conditions.

If you are considering applying for an EB-5 visa, I highly recommend consulting with a licensed immigration attorney who can provide tailored legal advice and ensure that you meet all necessary requirements.