What legal requirements do I need to meet for an EB-5 investor visa?

Legal Requirements for EB-5 Investor Visa

The EB-5 investor visa is a pathway for foreign individuals to obtain permanent residency in the United States by investing in a new commercial enterprise or a regional center. To be eligible for an EB-5 visa, a foreign investor must meet certain legal requirements, which are summarized below:

1. Investment Amount: An EB-5 investor must invest at least $900,000 in a new commercial enterprise located in a targeted employment area (TEA), or $1.8 million in a new commercial enterprise located outside of a TEA. A TEA is an area that has an unemployment rate that is at least 150% of the national average or is a rural area.
2. Job Creation: The investment must create at least ten full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the United States as a conditional permanent resident.
3. Lawful Source of Funds: The investor must demonstrate that the funds invested in the enterprise were obtained through lawful means, such as income from employment or business, gifts, inheritance, or sale of property.
4. Business Entity: The investor must invest in a new commercial enterprise or a regional center that has been approved by the United States Citizenship and Immigration Services (USCIS). A new commercial enterprise is a for-profit entity that was established after November 29, 1990, or was restructured in a way that resulted in a new entity. A regional center is a private or public economic unit that promotes economic growth in a specific geographical area by attracting foreign investment.
5. Active Management: The investor must be involved in the management of the enterprise, either through day-to-day management or policy formulation.
6. Lawful Entry: The investor must enter the United States lawfully, either on a valid visa, as a parolee, or in another lawful manner.
7. Conditional Permanent Residency: Upon approval of the EB-5 petition, the investor and their immediate family members (spouse and unmarried children under the age of 21) will be granted conditional permanent residency for a period of two years.

Potential limitations or exceptions to the advice given

It is important to note that the EB-5 program has limitations and exceptions that may impact an investor’s eligibility. For example, an investor may not be eligible for an EB-5 visa if they have a history of criminal activity, have violated immigration laws, have a communicable disease, or are a threat to national security. Additionally, the investor may need to demonstrate proficiency in the English language and pass a medical examination.

Suggested further action

If you are considering applying for an EB-5 investor visa, it is recommended that you consult with a licensed immigration attorney who can provide personalized advice based on your individual circumstances. An attorney can help you navigate the complex requirements of the EB-5 program and increase your chances of success. It is also important to conduct thorough due diligence before investing in a new commercial enterprise or a regional center to ensure that the investment is legitimate and has the potential to create the required number of jobs.