What are the Eligibility Criteria for an EB-5 Investor Visa

The EB-5 investor visa program is designed to attract foreign capital to the United States and create jobs for American workers. This visa grants lawful permanent residency (a green card) to eligible investors and their immediate family members. Understanding the eligibility criteria for an EB-5 investor visa is crucial for prospective applicants.

Eligibility Criteria for an EB-5 Investor Visa

1. Investment Amount

• Standard Investment: The required investment amount is $1.8 million in a new commercial enterprise.

• Targeted Employment Area (TEA): If the investment is in a TEA, which includes rural areas or areas with high unemployment, the required investment amount is reduced to $900,000.

2. New Commercial Enterprise

• Definition: A new commercial enterprise is any for-profit activity formed for the ongoing conduct of lawful business.

• Types of Entities: Includes sole proprietorships, partnerships (limited or general), holding companies, joint ventures, corporations, or business trusts.

• Formation Date: The enterprise must be established after November 29, 1990, or existing businesses restructured or expanded after this date.

3. Job Creation

• Full-Time Jobs: The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the United States as a Conditional Permanent Resident.

• Direct Jobs: Jobs that establish an employer-employee relationship between the commercial enterprise and the persons it employs.

• Indirect Jobs: Jobs created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center.

4. At-Risk Investment

• Investment Risk: The investment capital must be placed at risk for the purpose of generating a return on the capital placed at risk.

• No Guarantee: There must be no guarantees of returns or repurchase of investment.

5. Source of Funds

• Lawful Source: The investor must demonstrate that the investment funds were obtained through lawful means.

• Documentation: Evidence may include foreign business registrations, tax returns, and proof of ownership in other businesses or properties.

Process of Applying for an EB-5 Investor Visa

1. Filing the Petition

• Form I-526: Submit Form I-526, Immigrant Petition by Alien Investor, to U.S. Citizenship and Immigration Services (USCIS) along with supporting documentation proving the investment meets all requirements.

2. Adjustment of Status or Consular Processing

• Conditional Permanent Residency: Upon approval of Form I-526, apply for a conditional green card through Form I-485 (if in the U.S.) or through consular processing (if outside the U.S.).

• Removal of Conditions: After two years, file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, to obtain a permanent green card.

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Conclusion

Meeting the eligibility criteria for an EB-5 investor visa involves making a substantial financial investment, creating jobs for U.S. workers, and ensuring the funds are lawfully obtained and at risk. Understanding these requirements can help prospective investors navigate the application process and achieve their goal of obtaining lawful permanent residency in the United States.

If you have any questions or need legal assistance with your EB-5 investor visa application, please contact Liang Law at (408) 780-8862. We are here to help you through every step of the process.