The Immigration and Nationality Act permits the government to issue 140.000 employment-Based visas each year. The 140.000 visas are divided amongst five preference categories (EB-1, EB-2, EB-3, EB-4 and EB-5).
Once issued, an EB visa allows a foreign worker and his/her family to live and work lawfully in the U.S. as
permanent residents.
The EB-5 Visa program, formally known as the Immigrant Investor Visa Program, provides an exclusive avenue for individuals worldwide. By committing a qualifying investment in a new U.S. commercial enterprise, participants can achieve U.S. permanent residency. This program offers significant benefits to both investors and the U.S. economy. The investment thresholds vary depending on the location of the enterprise, with a lower threshold for targeted employment areas. Successful applicants and their immediate family members receive conditional green cards. After a period of two years, they can apply to have the conditions removed, making their residency permanent. The EB-5 program has become increasingly popular, attracting investors seeking both immigration benefits and potential financial returns. This program plays a vital role in stimulating economic development and creating jobs in the United States.
To begin your EB-5 journey, you’ll need to select a project that aligns with program requirements. The right project ensures not only the possibility of Green Cards but also the timely return of your investment.
EB-5 applicants are required to invest $1 million, or $500,000 in a Targeted Employment Area (TEA). TEA designations apply to projects in rural or high unemployment areas.
Creating 10 full-time U.S. jobs is crucial for EB-5 success. The Regional Center Program allows indirect and induced jobs to count for job creation. However, the direct EB-5 program counts only direct jobs.
After choosing an investment, your immigration attorney will file your Form I-526 with USCIS, demonstrating your capital investment and adherence to program requirements. It’s important to work with an experienced EB-5 immigration lawyer.
Your filing must demonstrate lawful acquisition of your invested capital, a credible business plan, and job creation related to your investment.
Some projects offer I-526 denial refund guarantees, but it’s essential to assess the guarantor’s ability to deliver on this promise.
With I-526 approval, you can achieve conditional permanent residency either through Form I-485 (if you’re in the U.S.) or Form DS-260 (if you’re abroad). It’s a two-year conditional residency.
Some projects offer I-526 denial refund guarantees, but it’s essential to assess the guarantor’s ability to deliver on this promise.
If you’re abroad, you must file a DS-260 application for conditional permanent residency, processed at a U.S. Consulate or Embassy.
The final step is to become an unconditional permanent resident after filing an I-829 petition, providing evidence that you’ve met all EB-5 program requirements.
Your filing must include documentation of job creation, maintenance of the commercial enterprise, and more.
