EB-5 Investor Visa

The EB-5 Investor visa is a unique immigration option that allows foreign nationals to obtain U.S. lawful permanent residence (Green Card) through significant capital investment in a U.S. business that creates jobs. This visa is designed to stimulate the U.S. economy through job creation and capital investment.

The EB-5 visa program was created by Congress in 1990 as part of the Immigration Act to attract foreign capital and create jobs for American workers. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS.

Today, the EB-5 program continues to be a vital part of U.S. immigration policy, especially with recent reforms aimed at increasing its integrity and efficiency. The EB-5 Reform and Integrity Act of 2022 introduced several changes, including the reauthorization of the Regional Center Program and new requirements for investors and regional centers.

Benefits

1. Path to Permanent Residency: Successful applicants and their families receive a Green Card.
2. Economic Contribution: Significant investment in U.S. businesses, promoting economic growth and job creation.
3. Family Inclusion: Spouses and unmarried children under 21 can also obtain Green Cards.
4. Investment Flexibility: Investors can choose between direct investment in a business or investing through a regional center.

Requirements

To qualify for the EB-5 visa, applicants must meet the following criteria:

• Investment Amount: Invest a minimum of $1,050,000, or $800,000 if in a targeted employment area (TEA).
• Job Creation: Create or preserve at least 10 full-time jobs for U.S. workers within two years of the investment.
• Business Plan: Provide a comprehensive business plan demonstrating how the investment will create the required jobs.
• Source of Funds: Prove that the investment funds are lawfully obtained.

FAQs

Q: How long does it take to get an EB-5 visa? A: The processing time can vary, but it typically takes around two years to receive conditional permanent residence. The process to remove conditions and receive a full Green Card takes an additional two years.

Q: Can my family members work in the U.S. on an EB-5 visa? A: Yes, once granted a Green Card, family members can live, work, and study in the U.S.

Q: What happens if the business fails to create 10 jobs? A: If the business does not create the required jobs within the specified time frame, the conditional permanent residence may be revoked.

Navigating the complexities of the EB-5 Investor visa requires expert guidance. Immigration law attorney Martha L. Arias, Esq. offers the expertise needed to successfully prepare and submit your EB-5 visa application. Contact us today for a consultation and ensure your application meets all requirements for a successful outcome.