Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. An EB-5 requires the potential immigrant to invest at least $1,000,000, although the amount may be $500,000 if the investment is made in an approved “targeted employment area.” These areas must have an unemployment rate 150% of the national average. You also have to prove that the assets you’re using for the investment were acquired by lawful means. Cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by the investor are all acceptable investments for EB-5 purposes. Also, the investment directly or indirectly results in the creation of ten full-time jobs. Applying for an EB-5 is a complex matter so it's advised you work with an attorney during the process.
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EB-5 Visa Lawyers will be able to confirm you’re applying for the most viable visa. Also, legal advice can provide you with the necessary steps to prolong your stay.
What is the difference between an EB-5 and an E2 visa?
An E2 is a nonimmigrant (temporary) visa while an EB-5 is an immigrant (permanent) visa. That is one reason why the capital requirement for the EB-5 is initially much higher than EB-5. However, the E2 is renewable in five-year intervals so you will be able to extend your stay as long as you continue to meet the requirements.
How long does it take for an EB-5 applicant to get a Green Card?
The process can take about one and a half years for an applicant to get a conditional Green Card. It takes about six months to receive approval for an I-526 petition.
Are EB-5 visas limited to people from certain countries?
Citizens of any country may apply for a EB-5 investment visa. As long as the applicant is able to leave his or her home country and has sufficient investment capital, a qualified immigration attorney can assist with the process of obtaining an EB-5 visa.
What is a Regional Center?
Regional Centers are entities, organizations, or agencies which focus on a specific geographic area within the United States in order to promote economic growth within that area. Regional Centers work to increase export sales, improve regional productivity, create new jobs, and increase domestic capital investment. Regional Centers are designated by the USCIS.
Do I need to have personally earned the money for the investment?
No. The only requirement is to show that the money was legally earned. The USCIS is strict when it comes to documenting how you obtained the funds.
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