The requirements of the EB-5 Visa are designed to stimulate the U.S. economy through job creation and capital investment by foreign investors. Below, we will explain what the EB-5 Visa is and what you need to do to qualify for it.
Understanding the EB-5 Visa
The EB-5 Visa allows foreign investors to apply for lawful permanent residence in the United States if they meet certain criteria. The EB-5 Visa was created by Congress in 1990 and has been reauthorized several times since then.
The EB-5 Visa requires foreign investors to invest a certain amount of money in a commercial enterprise in the United States that will create or preserve at least 10 full-time jobs for qualified U.S. workers.
The minimum amount of investment required depends on whether the investment is made in a targeted employment area (TEA) or not. A TEA is a rural area or an area with high unemployment. The current minimum investment amounts are:
- $1.8 million for investments outside a TEA
- $900,000 for investments in a TEA
However, these amounts are subject to change based on inflation and other factors.
To qualify for an EB-5 Visa, foreign investors can invest directly in their own business or through a regional center approved by USCIS.
A regional center is an entity that promotes economic growth in a specific geographic area by pooling capital from investors and sponsoring projects that create jobs.
The Requirements of the EB-5 Visa
To qualify for the EB-5 Visa, foreign investors must meet the following requirements:
- Invest the required amount of capital in a commercial enterprise. The capital can be in the form of cash, equipment, inventory, or other tangible assets. The capital must be obtained lawfully and must be at risk of loss.
- Create or preserve at least 10 full-time jobs for qualified U.S. workers within two years of receiving conditional permanent residence. Qualified U.S. workers include U.S. citizens, lawful permanent residents, and other immigrants authorized to work in the United States.
- Demonstrate that they are actively involved in the management of the commercial enterprise, either as a general partner, a limited partner, a corporate officer, a board member, or in another managerial role.
- File Form I-526, Immigrant Petition by Alien Investor, with USCIS and provide evidence of meeting the above requirements. If approved, they will receive conditional permanent residence for two years.
- File Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, and provide evidence of creating or preserving the required number of jobs. If approved, they will receive unconditional permanent residence.
How to Increase Your Chances of Obtaining an EB-5 Visa
Applying for an EB-5 Visa can be a complex and lengthy process that requires careful planning and documentation. Unfortunately, mistakes are easy to make during the application process, and even tiny ones can destroy your entire application, leaving you with no other option than to start from scratch.
The best way to increase your chances of obtaining an EB-5 Visa is to work with an experienced and reliable immigration law firm that can guide you through every stage of the application process and help you avoid making mistakes.
At Jurado & Associates, P.A., we have helped many foreign investors obtain their EB-5 Visas and become lawful permanent residents of the United States. We have extensive knowledge and expertise in handling all aspects of the EB-5 Visa program, including:
- Evaluating your eligibility and advising you on the best investment option for your situation
- Assisting you with finding and selecting a suitable regional center or direct investment project
- Preparing and filing your Form I-526 petition with USCIS and responding to any requests for evidence or notices of intent to deny
- Coordinating with your consular office or USCIS office to schedule your interview and obtain your conditional green card
- Preparing and filing your Form I-829 petition with USCIS and responding to any requests for evidence or notices of intent to terminate
- Helping you obtain your unconditional green card and enjoy all the benefits of being a lawful permanent resident in the United States
We are committed to providing you with personalized attention and professional service throughout your EB-5 Visa journey. We will keep you informed and updated on every development and milestone of your case. We will also answer any questions you may have along the way. Meeting the requirements of the EB-5 Visa is easy when you work with us. Do not hesitate to contact us today. You can reach us by phone at (305) 921-0976, by email at [email protected], or by WhatsApp at +1 (305) 921-0976 so we can schedule an initial consultation to discuss your case and explore your options.
