As an attorney, I can provide information on the process for obtaining an EB-5 investor visa. The EB-5 investor visa is a pathway to permanent residency in the United States for foreign nationals who invest in a new commercial enterprise that creates jobs.
To obtain an EB-5 investor visa, there are several steps that must be followed:
- Investment: The applicant must invest a minimum of $1.8 million in a new commercial enterprise or $900,000 in a Targeted Employment Area (TEA). TEAs are designated by the government as areas with high unemployment rates or in rural areas.
- Job creation: The investment must create at least 10 full-time jobs for U.S. workers within two years of the investor receiving conditional permanent residency.
- Form I-526: The applicant must file a Form I-526, Immigrant Petition by Alien Entrepreneur, with the U.S. Citizenship and Immigration Services (USCIS). This form requires documentation of the investment, proof that it will create the required number of jobs, and evidence that the investor's funds were obtained legally.
- Conditional permanent residency: If the USCIS approves the Form I-526, the investor will receive conditional permanent residency for a two-year period.
- Form I-829: Within 90 days before the expiration of the conditional permanent residency, the applicant must file a Form I-829, Petition by Entrepreneur to Remove Conditions. This form requires evidence that the required jobs have been created and that the investment has been sustained.
- Permanent residency: If the USCIS approves the Form I-829, the investor will receive permanent residency status in the United States.
It is important to note that the EB-5 investor visa process can be complex and time-consuming. It is recommended that applicants consult with an experienced immigration attorney to ensure that all requirements are met and to address any potential issues.
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