What is an EB-5 Visa?

An EB-5 is an immigrant visa where you make an investment in a U.S business and create jobs for workers. Based on that investment, you, your spouse, and children (under the age of 21) become eligible for a green card and permanent residency in the United States. You must invest at least $900,000 in a business that will take 10 American workers into employment.

Usually, those who apply for an EB-5 visa invest in businesses that are in rural/urban areas or in places where the unemployment percentage is high. 

What are the benefits of an EB-5 Visa?

With this, you qualify for a visa which can allow you to live and work anywhere in the United States. Your children will have access to U.S Education, and you will be directed on the path to US citizenship. 

Process of EB-5 Visa

– Select a Business/Project to Invest In: You have multiple options, such as purchasing an existing business, starting a new business, or investing in a regional center.

– Invest in the Business: You may now invest the required capital amount. (Increased investments are $900,000 and $1.8 million)

– Form I-526: You now apply to immigration and file the first form (I-526). 

 You must include the documentation proving you made the investment to the business (along with the type of business it is). Make it clear how you earned the funds to show they come from a lawful source

– Adjust Status: After I-526 has been approved and a visa number is available for you, the next step is to adjust status or do consular processing.

         a.) Adjustment of status is done when the applicant is inside of the US with valid non-immigrant status.

         b.) Consular process is done if the applicant is outside of the United States. 

– Two Year Conditional Permanent Residency: Once adjustment of status has been approved and you received the immigrant visa which you entered the U.S with, you are in a 2 year period of conditional permanent residence, meaning, you have a visa with a 2-year expiration date. During this timeframe, you must keep your funds invested in the business, and also show that you have created 10 jobs. 

 – I-829 Petition: 3 months prior to the expiry of the 2-year conditional permanent residence, you are eligible to file Form I-829 (which is the application to remove the condition of your green card and become an unconditional permanent resident.) This takes you from having a 2-year green card to an unconditional green card. 

– Naturalization: After proving you have met all the requirements of the two-year conditional residency by filing I-829, the process of becoming a US citizen has started. You can now apply to become U.S. citizens after a five year period from the date they received their initial conditional residency.