The EB-5 visa is a way to get your green card and permanent residency through investment. The EB-5 investor visa program enables foreigners who make an investment in a U.S. business to obtain a green card and become lawful permanent residents, and potentially citizens, of the United States. The investment can lead to a green card for the investor to permanently live and work in the United States with their spouse and unmarried children under the age of 21.
- Make the necessary investment in a commercial enterprise in the United States; and
- Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers
Investment into a Regional Centre:
- Applicants can invest directly into a qualifying regional center project
- No requirement to independently set up the EB-5 projects
- No requirement to manage the minimum job requirement
EB-5 Investor Visa Application Proccess Overview
EB-5 visa applicants must follow three general steps to obtain U.S. permanent residency:
1. Invest in an individual business that will create 10 direct fulltime U.S. jobs per investor (direct investment) OR
Invest through a USCIS-designated regional center where the investor may create 10 direct, indirect and/ or induced jobs per investor.
2. Upon I-526 approval, the investor submits their conditional permanent resident application either through the filing of an I-485, Application for Adjustment of Status, or DS-260, Application for Immigrant Visa. This is the petition that will confer the green card to the investor and his eligible dependents.
3. Lastly, the investors must prove that all EB-5 requirements have been met at the end of the two-year conditional residency by filing the I-829 application to remove conditions of residency. The investor, their spouse, and their unmarried children under the age of 21 then become lawful permanent residents and receive their ten-year green cards.
EB-5 Visa Benefits
The EB5 visa can be the fasted way to obtain the right to permanent residency in the United States. Unlike holders of non-immigrant visas, such as the H1B and L1 visa, a successful EB5 applicant does not require a sponsor and can live and work anywhere he or she wishes.
A successful EB5 application grants the applicant, their spouse and children under the age of 21 with a number of benefits. These benefits include:
- Use of what can be the fastest route to permanent residency in the United States.
- Freedom to open a business of any size.
- The right to live and work anywhere in the United States.
- The possibility of obtaining naturalization as a United States Citizen after five years of holding “Green Card” status.
- Access to the same Federal education benefits that are available to domestic United States Students.
- Access to in-state tuition benefits available to United States Citizens.
- Visa free access to certain countries.
- Invest in an eligible commercial enterprise in one of the following areas:
- General. The minimum qualifying investment is USD 1,800,000
- Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment is USD 900,000.
- Investment must be at risk and create at least 10 jobs for qualified US workers in USA
- Investment funds have to originate from lawful source