What is the EB 5 Investor Visa?

To obtain permanent residency in the United States is a highly sought after aim for many people across the globe. Every year, millions of people are drawn to the US due to the American Dream, which promises freedom and opportunity and the ability to create a lucrative lifestyle. There are several ways to go about achieving this goal, with one option, the EB-5 Investor Visa.

What is the EB-5 Investor Visa?

Regulated by the U.S Citizenship and Immigration Services (USCIS), the EB-5 Programme is a method of obtaining a green card within the US. Otherwise known as the Immigrant Investor Programme, it allows qualified investors who meet specific requirements regarding capital investment and job creation requirements to obtain permanent residency within the United States.

The EB-5 Investor Visa requires each investor to demonstrate that a minimum of ten new jobs were created or saved as a result of the EB-5 investment which should total to a minimum of $1.8 million or if the funds are invested in certain high-unemployment or rural areas, this can be reduced to a minimum of $900,000.

Obtaining an EB-5 visa is subject to background checks and national security screenings, as with any other visa category. In every case, a potential EB-5 investor needs to demonstrate a lawful source of funds, which adds an extra layer of security to this visa method compared to others.

What are the requirements for an EB-5 Visa Investment?

To qualify for an EB-5 visa, the following requirements must be met:

• You must meet the minimum capital amount, which is $900,000 in a rural or high-unemployment area.
• You must create at least 10 new full-time jobs for at least 2 years. If you are unable to prove that your investment has created these positions, then you should provide proof that 10 new full time jobs will be created and when.
• All investment funds that are being used needs to be verified and confirmed to be legally acquired.
• The enterprise for investment must be a new ‘for-profit’ business, established after 1990

How do you apply for the EB-5 Visa?

EB-5 investments are deemed to be in the national interest, due to the ability to create new jobs and commercial businesses within the US. This results in the visa process only taking two to six months, rather than several years as other visa methods do , making the EB-5 process the quickest visa process possible in the United States.

The EB-5 application consists of several straightforward steps:

1. The EB-5 applicant must find a suitable project which they believe meets the programme requirements. If you are looking for the fastest application possible, then this would be through locating your project in rural and high-unemployment areas.
2. Once the applicant’s investment is chosen, the immigration attorney will file your EB-5 petition, which is otherwise known as Form 1-526. This will prove that the applicant has invested or is in the process of investing the required capital and that they meet the rest of the EB-5 visa requirements.
3. Once the applicant’s petition is approved, this will allow conditional permanent residency to be attained, allowing the investment to come to fruition.
4. The final step in the EB-5 visa process is for the applicant to become an unconditional permanent resident within the United States. In order to achieve this status, the requirements for the visa must be met and an I-829 application needs to be filed, adjudicated, and approved.

For the application to be made, the following requirements need to be met:

1. Proof of conditional permanent resident card
2. Evidence that a commercial enterprise was created via federal tax returns
3. Documentation that the new commercial enterprise was funded by the applicants capital investment
4. Documents to prove that the commercial enterprise was maintained throughout the whole two year conditional residency period
5. Proof that at least 10 full-time jobs were created
6. Biometric documents, including fingerprints, photographs etc.
7. If applicable, any legal documents that pertain to the applicant’s criminal history.

Providing this information will show that the applicant has met all of the requirements of the EB-5 visa and is therefore now eligible for the EB-5 green card. This will allow permanent residency for 10 years, which can be renewed at any time.

For more information on visa processes, whether that be in the United States, Europe or elsewhere, please get in contact with us here at Passport Legacy, where we can assist you on processes and guide you through the best application for you. Find out more information here.

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