What are the requirements for obtaining an EB-5 visa for investment?
As a lawyer, I can advise that the EB-5 visa category offers foreign nationals an opportunity to invest in the U.S. economy and obtain permanent resident status. In order to obtain an EB-5 visa for investment, the following requirements must be met:
- Investment: The investor must invest at least $1.8 million (or $900,000 for investments made in a targeted employment area) in a for-profit U.S. business. The investment must create or preserve at least 10 full-time jobs for U.S. workers.
- Lawful Source of Funds: The investor must provide evidence that the investment funds were obtained lawfully.
- Business Plan: The investor must submit a comprehensive business plan that outlines the proposed business activity, job creation, and other relevant details.
- Active Participation: The investor must show that they will be actively involved in the management of the business.
- Conditional Permanent Residence: If the investor’s petition is approved, they will receive conditional permanent residence for two years. Within 90 days of the end of the two-year period, the investor must file a petition to remove the conditions and show that the investment has been sustained and the required jobs have been created or are in the process of being created.
It is important to note that the EB-5 program has certain limitations and exceptions. For example, the program is subject to a limited number of visas and there may be waiting periods before a visa becomes available. Additionally, a targeted employment area is defined as a rural area, or an area that has experienced high unemployment of at least 150% of the national average.
If an investor is interested in obtaining an EB-5 visa for investment, I would recommend that they consult with an experienced immigration attorney who can help guide them through the process and ensure that they meet all of the necessary requirements.