EB-5 visa is the last of the five employment-based preference categories under which a foreign national may obtain permanent residence (green card) in the U.S. based on investment. EB-5 visa is ideal for those who have the financial resources and seek to invest the required amount into a new commercial enterprise that they have established in the U.S.
EB-5 visa applicants do not require an employment offer from a U.S. employer, nor do they require labor certification. More than one person may invest in the same business. The EB-5 investor can be a minority owner of the business.
EB-5 Quick Facts
- EB-5 candidates do not need any investment experience or specific technical skills.
- Eligible investors must establish that the investment will benefit the U.S. economy and create jobs for qualified persons.
- The investment may be made into an existing business or a new one and investors are not required to manage the day-to-day affairs of the business.
- With an investment of at least $500,000, it may be possible to obtain permanent resident status to live and work in the US without restrictions.
- To qualify for EB-5 visa, an applicant must invest $1 million and hire 10 employees (must be U.S. citizens or permanent residents) anywhere in the U.S., or invest $500,000 and hire ten employees (must be U.S. citizens or permanent residents) in an area where the unemployment rate exceeds the national average unemployment rate by 150%
EB-5 Visa Process
- Our firm prepares and files the “Immigrant Petition by Alien Entrepreneur” on behalf of the investor.
- The form must be filed with supporting documentation which clearly demonstrates that the investment meets all the requirements.
- Furthermore, the EB-5 investor must demonstrate that the investment capital was obtained from a legal source and the required capital is at risk for investment purposes.
- Once the petition is approved, the foreign national is notified, and if he/she is in the U.S., the individual can file for adjustment of status. If the applicant is outside the U.S., he or she may attain an immigrant visa at the local U.S. Consulate.
- Upon receiving the EB-5 visa, the investor must file the related form to obtain a "green card" within 90 days of admission into the U.S. as a conditional resident.