The EB-5 Investor Visa Requirements

The EB-5 visa is a United States visa program that provides a method for eligible Immigrant Investors to become lawful permanent residents. Here are the requirements for obtaining an EB5 visa:

1. Capital Investment

The EB5 visa requires a capital investment of $1,800,000 in a commercial enterprise in the United States. However, if the investment is made in a rural area, high unemployment area, or an infrastructure project, the required investment amount is reduced to **$900,000**.

2. Commercial Enterprise

The investment must be made in a for-profit U.S. commercial entity. This could be any type of business that conducts lawful activities.

3. Job Creation

The investment must create or preserve 10 permanent full-time jobs for qualified U.S. workers. These jobs must be created within two years of the investor’s admission to the United States as a Conditional Permanent Resident.

4. I-526 Petition

After making the necessary investment and ensuring job creation, you will need to file an I-526 petition. This petition demonstrates that you are in the process of investing, or have already invested, the required amount of capital in a suitable EB5 project.

The EB-5 Investor Visa is a popular choice for foreign investors seeking to live and work in the United States. This visa program, administered by the U.S. Citizenship and Immigration Services (USCIS), offers a path to lawful permanent residence (commonly known as a Green Card) for investors who make a significant financial investment in a U.S. commercial enterprise1.

Cost of the EB-5 Investor Visa

The cost of obtaining an EB-5 Investor Visa can be substantial. The minimum investment amount required is either $1.8 million U.S. dollars or $900,000 in a Targeted Employment Area (TEA)23. A TEA is defined as a rural area or an area with unemployment 1.5 times the national average. In addition to the investment amount, there are other costs associated with the EB-5 visa process, such as administration costs, petition filing fees, application fees, and attorney fees. For instance, the I-526 petition filing fee is around $3,675, I-485 application fees are $1,140, and I-829 fee is $3,750. The actual cost can vary depending on factors such as the type of investment being made and the experience and reputation of the attorney if the investor has chosen to use one.

Timeline for the EB-5 Investor Visa

The timeline for obtaining an EB-5 Investor Visa can vary greatly depending on several factors. The total time for processing of EB 5 visa ranges from 1 to 3 years. This timespan starts from filing of EB-5 application I-526E form and ends at the approval of Form I-829 (permanent Green Card). The processing times for each stage of many applications/forms involved can vary.

How to Apply for the EB-5 Investor Visa

Applying for an EB-5 Investor Visa involves several steps:

1. Research your options: Before applying for an EB-5 visa, it’s important to research your options and understand the requirements of the program.
2. Select an eligible EB-5 project and invest: You must make a qualifying investment in a U.S. commercial enterprise.
3. File the petition: To be considered for an E5 immigrant investor visa, an applicant must file Form I-526, Immigrant Petition by Alien Entrepreneur, with USCIS.
4. Wait for approval: After filing Form I-526, you must wait for USCIS to approve your petition before you can proceed with the visa application process.
5. Apply for conditional Green Card: Once your I-526 petition is approved and your priority date is current, you can apply for a conditional Green Card.