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EB-5 Immigrant Investor Visa

EB-5 Immigrant Investor Visa

The Immigration Investor Program, also called EB-5, was formulated by Congress in the 1990s to stimulate the American economy by creating jobs from foreign entrepreneurs. The program offers a multitude of advantages to intending immigrant investors. However, navigating the EB-5 visa process can be notoriously complicated as new regulations come into effect.

The EB-5 is a beneficial program administered by the USCIS. It demands an investor to employ ten full-time U.S. workers in a span of 2-years against a substantial initial investment.

The investor doesn’t need to demonstrate an extraordinary business ability or maintain an existing home business. It is a well-established pathway to U.S. citizenship. Besides, the country-based visa quota does not apply to EB-5.

The program further bifurcates into two different categories: Basic EB-5 and the Regional Center Program. Both of these grant investors (and their spouse and unmarried kids under 21) a 2-year Conditional Permanent Residency. The investor can eventually apply for permanent residency when nearing the initial grant period and after the job creation requirement has been completed, sustaining the investment at risk.

To obtain an EB-5 visa, you must have invested in a “new” commercial enterprise, i.e., a publically/privately owned business trust, joint venture, partnership, or sole proprietorship. Besides, the business must be established, purchased, or restructured after Nov 29, 1990.

The entrepreneur must create or preserve at least ten direct or indirect jobs for qualifying U.S. workers within 2-years of entering America as a Conditional Permanent Resident.

For the Basic EB-5 Program:

  • $1 Million plus (per investor) investment is necessary
  • $500,000 (per investor) investment is needed if in a rural/high-unemployment area
  • Source of funds must be lawful
  • The amount is placed at risk
  • If acquiring a troubled business, “saving jobs” (and not creating new ones) can qualify
  • If there are no hires, you must specify where and when will you hire the 10 employees

For the Regional Center EB-5 Program:

  • $1 Million investment is necessary
  • Investment must be made in a USCIS-approved regional center
  • Direct/indirect creation of jobs via investing in a regional center
  • Describe employment methodology and center’s capital investment structure

Visa processing can take up to a year and a half. The minimum investment amounts may be subject to changes. Therefore, those participating in EB-5 investments must act promptly. Working with an experienced attorney is recommended so they can handle the evolving landscape efficiently.

Our Seasoned EB-5 Immigration Lawyers Can Help

Take the guesswork out of your visa application, and entrust your case to a professional. If you are an immigrant investor looking to obtain an EB-5 visa, contact Daniel Albert Law for the legal assistance you require. Our immigration attorneys can counsel you on the option best suited for you, along with preparing for the petition. Call us at 832-930-3059 for more information.

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