What is EB-5 Visa by Investment? An Ultimate Guide for You

Posted by Kamal Choudhary on September 13th, 2022

The EB-5 visa by investment category is for foreign nationals who wish to obtain a permanent residency (green card) in the United States by investing in a commercial enterprise that creates full-time jobs for at least 10 American workers. 

The minimum investment required is million, unless the business is located in a Targeted Employment Area (TEA), which is defined as an area that has been designated by the government as having high unemployment or being rural. 

How to Qualify for an EB-5 Visa 

There are two ways to qualify for an EB-5 visa: 

1) By investing in a new commercial enterprise, which is defined as a business that was established after November 29, 1990, or 

2) By investing in a commercial enterprise that was established before November 29, 1990, but has undergone a significant expansion after that date. 

To qualify for an EB-5 visa, the foreign national must make an investment in a commercial enterprise that meets one of the following criteria: 

1) The business must create at least 10 full-time jobs for American workers; or 

2) The business must be located in a Targeted Employment Area (TEA), which is defined as an area that has been designated by the government as having high unemployment or being rural. In these cases, the minimum investment required is reduced to 0,000. 

In order to obtain an EB-5 visa, the foreign national investor must also demonstrate that the investment was made with the intention of generating a profit. This can be done by showing that the investor has made a good faith effort to comply with all applicable laws and regulations, and that the investment was not made for the purpose of evading U.S. immigration laws. 

After making the investment, the foreign national must file an I-526 Petition for Alien Entrepreneur with the U.S. Citizenship and Immigration Services (USCIS). If the petition is approved, the foreign national will then be able to apply for an EB-5 visa at a U.S. consulate or embassy. 

Benefits of an EB-5 Visa 

The benefits of an EB-5 visa include: 

1) The ability to live and work permanently in the United States; 

With a green card, you will have the ability to live and work permanently in the United States. You will also be able to apply for U.S. citizenship after five years. 

2) The ability to bring your spouse and unmarried children under the age of 21 to the United States; 

As the principal EB-5 visa holder, you will be able to bring your spouse and any unmarried children under the age of 21 to live and work in the United States with you. 

3) The ability to invest in a new or existing business in the United States; 

As an EB-5 visa holder, you will be able to invest in a new or existing business in the United States. This can be done through a direct investment or by investing in a Regional Center. 

4) The ability to live anywhere in the United States; 

There is no requirement that you live in the city or state where your investment is located. You will be able to live and work anywhere in the United States. 

5) The ability to obtain a green card for your children; 

If you have children who are under the age of 21 and unmarried, they will be eligible to obtain a green card through your EB-5 visa. 

6) The ability to travel freely in and out of the United States; 

With an EB-5 Visa by Investment, you will be able to travel freely in and out of the United States. You will also be able to apply for a U.S. passport. 

7) The ability to eventually obtain U.S. citizenship; 

After five years, you will be eligible to apply for U.S. citizenship through the naturalization process. 

8) The ability to sponsor relatives for green cards; 

Once you become a U.S. citizen, you will be able to sponsor certain relatives for green cards through the family-sponsored immigration system. 

9) Access to quality education and healthcare in the United States; 

As a permanent resident, you will have access to quality education and healthcare in the United States. You will also be able to apply for financial aid for college and university programs. 

10) The ability to start your own business; 

With an EB-5 Visa by Investment, you will be able to start your own business in the United States. This can be done through a direct investment or by investing in a Regional Center. 

Wrapping Up

The EB-5 Visa by Investment program is a great way for foreign national investors to obtain a green card and live permanently in the United States. There are many benefits of an EB-5 visa, including the ability to bring your family with you, live and work anywhere in the United States, and eventually become a U.S. citizen. If you are interested in obtaining an EB-5 visa, contact an experienced immigration attorney today.

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Kamal Choudhary

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Kamal Choudhary
Joined: July 7th, 2022
Articles Posted: 35

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