What is the process for obtaining an EB-5 investor visa?
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As a lawyer, I can provide legal advice on the process for obtaining an EB-5 investor visa.
An EB-5 investor visa is a type of visa program that allows foreign nationals to invest in a business in the United States and obtain a green card for themselves and their family members. The basic requirements for an EB-5 visa include investing a minimum of $1.8 million in a new commercial enterprise or $900,000 in a targeted employment area, creating at least 10 full-time jobs for U.S. workers, and proving that the investment is from a legitimate source.
To apply for an EB-5 visa, the investor must first identify a qualified U.S. business to invest in and submit a Form I-526, Immigrant Petition by Alien Entrepreneur, to the U.S. Citizenship and Immigration Services (USCIS). This form requires the investor to provide information about their investment, the business they are investing in, their employment history, and their immigration status.
Once the USCIS approves the Form I-526, the investor can apply for a conditional green card by submitting a Form I-485, Application to Register Permanent Residence or Adjust Status. The investor can also choose to apply for a visa from a U.S. consulate or embassy if they are outside of the United States. If approved, the investor and their family members will be granted conditional permanent residency for two years.
To remove the conditions on the green card, the investor must file a Form I-829, Petition by Entrepreneur to Remove Conditions, before the end of the two-year period. This form requires the investor to prove that they have fulfilled the investment and job creation requirements and that the investment was sustained for the full two-year period.
It is important to note that the process for obtaining an EB-5 visa can be complex and involves various legal and financial considerations. Additionally, there are potential limitations and exceptions depending on the specific circumstances of each case. It is recommended that investors consult with a licensed attorney who is experienced in EB-5 visa applications to ensure that their application is prepared correctly and avoid any potential complications.
