EB-5 Immigrant Visa
The EB-5 Immigrant Investor Program is a United States visa program that allows foreign investors to obtain lawful permanent residency (green cards) in the United States by investing in a new commercial enterprise that creates jobs. Here are key aspects of the EB-5 visa:
- Investment Requirement: To qualify for the EB-5 visa, investors must invest a minimum amount of capital in a new commercial enterprise in the United States. The required investment amount varies depending on whether the investment is made in a Targeted Employment Area (TEA) or a non-TEA.
- Job Creation: The EB-5 program requires investors to create or preserve a certain number of full-time jobs for qualified U.S. workers within a specified timeframe. The number of jobs required depends on the nature of the investment and its location.
- Regional Centers: Many EB-5 investors choose to invest through designated Regional Centers, which are private or public entities that facilitate EB-5 investments in specific geographic areas and industries. Investments made through Regional Centers may qualify for certain benefits, such as reduced job creation requirements.
- Conditional Residency: Initially, EB-5 investors and their immediate family members (spouse and unmarried children under 21 years old) receive conditional permanent residency in the United States for a period of two years, subject to the successful completion of the investment requirements.
- I-829 Petition: To remove the conditions on their permanent residency and obtain unconditional green cards, EB-5 investors must file Form I-829, Petition by Entrepreneur to Remove Conditions, with USCIS within 90 days before the second anniversary of their conditional green card approval.
- Permanent Residency: Upon approval of the I-829 petition, EB-5 investors and their family members become lawful permanent residents of the United States, granting them the right to live, work, and study in the country permanently.
- Citizenship: EB-5 investors and their family members may be eligible to apply for U.S. citizenship through naturalization after meeting certain residency and other requirements.
- Requirements: In addition to the investment and job creation requirements, EB-5 investors must also demonstrate that their investment funds were lawfully obtained and that the investment will benefit the U.S. economy.
Navigating the EB-5 visa process can be complex, so it's important for investors to work with experienced immigration attorneys and investment professionals to ensure compliance with all program requirements.