EB-5 Investor Visa

The EB-5 visa is a means for foreigners to obtain a green card and potentially citizenship in the United States. The United States Citizenship and Immigration Services oversees the EB-5 Immigrant Investor Program and offers investment visas to foreign investors who invest $1.8 million (or $900,000 if the investment is made in a targeted employment area) into a new commercial enterprise in the U.S. The investment must also create 10 full-time jobs for U.S. workers. The foreign investor will then be able to apply for a U.S. green card and eventually obtain permanent residence if the jobs are proven to have been created.

Overview of EB-5 Process:

1. Select an EB-5 Qualifying Project

2. Capital Investment and I-526 Petition

3. 2-Year Conditional Permanent Residency

4. Obtain Permanent Residency by filing I-829 Application

Am I eligible for an EB-5 Investor Visa?

• Job Creation: Must create full-time positions for at least 10 qualifying employees

• Required amount of capital: Between $900,000 (targeted employment area) and $1,800,000 depending on the geographic area.

  • Targeted employment area: An area that, at the time of investment, is:

    • A rural area or

    • An area that has experienced unemployment of at least 150% of the national average rate.

• You cannot be an entirely passive investor.

Qualifying EB-5 Investments:

• Direct Investment

  • Investing in your own commercial enterprise

  • Great option for individuals with startup businesses

  • Commercial enterprise needs to create 10 jobs for U.S. workers

• Regional Center Investment

  • Investors may also qualify for an EB-5 by investing through a regional center designated by USCIS based on proposals for promoting economic growth

  • Must directly or indirectly create 10 U.S. jobs

What happens if my I-526 Petition/EB-5 Visa is approved?

• You will receive conditional permanent residence for 2 years

  • Investors living abroad file form DS-260 with a U.S. Consulate or U.S. Embassy

  • Investors living in the U.S. file Form I-485 for adjustment of status

What documents are required when you file Form I-829, Petition to Remove Conditions (Permanent Residency)?

• Conditional permanent resident card

• Evidence that a commercial enterprise was created

• Proof/documentation that the new commercial enterprise received the petitioner’s capital investment

• Evidence that the commercial enterprise was maintained for the entire conditional residency period (2 years)

• Proof/documentation that a minimum of 10 full-time jobs were created according to the business plan

• Applicant’s criminal history (if applicable)

• Biometrics documentation

*Form I-829 must be submitted within the 90-day period immediately preceding the second anniversary of obtaining conditional permanent resident status.

What happens when my I-829 is approved?

You, your spouse (if applicable), and unmarried children under 21 (if applicable) are issued 10-year green cards that can be renewed.

5 years from the date that you were issued initial conditional residency, you can apply for U.S. Citizenship.