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Steps to acquiring an EB-5 investor visa

On Behalf of | Oct 23, 2023 | Immigration Law |

If you dream of becoming a lawful permanent resident in the United States, the EB-5 Investor Visa program might be your path to achieving that dream.

This program allows foreign investors and their immediate families to obtain green cards by investing in a new commercial enterprise that generates jobs in the U.S.

Minimum investment requirement

First, you need to make a substantial investment in a new commercial enterprise. According to U.S. Citizenship and Immigration Services, this investment should amount to at least $1.8 million. However, if your investment targets a designated area with high unemployment or is a rural area (known as a targeted employment area), the minimum investment drops to $900,000.

The investment needs to create and preserve a minimum of 10 full-time jobs for qualifying U.S. workers within two years of your admission to the United States.

Your investment

You can either create and invest in your own new commercial enterprise or a regional center project with a pre-approved investment structure. Make sure that your investment adheres to all EB-5 program requirements, including the job creation aspect. Then, transfer the capital.

I-526 petition

The I-526 petition showcases your eligibility for the EB-5 program and provides evidence of your investment in the enterprise. Upon approval by the USCIS, you and your immediate family members, including your spouse and unmarried children under 21, obtain conditional permanent residency in the U.S. for two years.

I-829 petition

File the I-829 petition with the USCIS 90 days before the end of your two-year conditional residency. If approved, you and your family will receive unconditional permanent resident status. Then, you may pursue U.S. citizenship.

For the best outcome on your EB-5 visa application, make sure you have enough for administration, legal and filing fees and make sure you meet the visa requirements.