Understanding the EB5 Investor Visa

Created by the U.S. Citizenship and Immigration Services, an EB-5 Investor Visa helps foreign nationals invest in a business or businesses in the United States. When an investor obtains a green card with this Visa, his spouse and children will be eligible for their green cards as well. This quick guide will help you understand more about the process.

Advantages of Obtaining an EB5 Visa

Obtaining an EB5 Visa has several benefits. As long as the applicant can prove he meets the investor requirements, he can self-petition for the Visa. It does not require family sponsorship or an employment offer for the investor nor any qualifying spouse or children who accompany him. Applicants nor their dependents need to meet any language, educational, or business background requirements. Finally, for many applicants, it is the fastest way to become a legal permanent resident in the United States.

Requirements to Obtain an EB5 Visa

To qualify for an EB5 Visa, you must be investing in a new commercial enterprise. Most applicants must invest at least $1.8 million; however, if you invest in a business within a targeted employment area, you may be eligible for a reduced investment rate of $900,000. For your investment to be approved, you must have legally obtained the money you’re using, the funds must be “at risk,” and the business must create at least 10 full-time jobs for U.S. workers. Finally, you will be expected to manage your business.

Defining a New Commercial Enterprise

A new commercial enterprise is a for-profit business that was established after November 29, 1990 and conducts lawful business. It cannot be a rental property. Sometimes, a business established prior to November 29, 1990 can qualify as a new commercial enterprise. To do so, it must increase its number of employees by at least 40% or increase its net worth by at least 40%. A business that was substantially reorganized or restructured may fall into this category as well.

Basic Process of Obtaining an EB5 Visa

Hire an attorney knowledgeable about the EB5 Investor Visa Houston TX. Next, select the business you want to invest in and invest the funding you have in it. Once complete, you’ll need to file Form I-526. If approved, you’ll receive your conditional 2-year green card via the adjustment of status or Visa processing methods. After you’ve been a conditional permanent resident for 21 months, ask your attorney to file Form I-829. If your form is approved, you are a permanent resident. After 5 years, you may be eligible to complete the naturalization process and become a U.S. citizen.

The Visa application process can be complicated if you try to do it alone. If you want a better chance at approval, work with a reputable immigration attorney who is licensed, insured, and knowledgeable about the process.