What Do You Need To Know Before Filing Of EB-5 Visa?

Posted by Sunder Singh on August 8th, 2019

EB-5 employment-based immigration program is not well known. Here are the main requirements that you should know about or you may need an immigration lawyer for help. If you are a foreign investor, you must meet United States Citizen and Immigration requirements to obtain their permanent residency through this program. The investor has to meet the capital investment and amount requirements, then there are job creation requirements which are to be met. Then you need to ensure that the business which is receiving the investment qualifies for this program.

The visa applicant, their spouse, and their children under the age of 21 will get the permanent residency green card and once all the requirements are met and approved by the USCIS:

What is the Investment Account Requirement under EB-5?

EB-5 visa applications are required to make either a USD 500,000 or USD 1 million capital investment amount into a US-based commercial enterprise.

This investment will be in the form of cash, inventory, equipment, secured debts, tangible property or cash equivalents. The minimum amount of capital needed for the EB-5 visa program may be decreased from USD 1 million to USD 500,000 if the investment is made in a commercial entity which is located in the target employment area. This project has to be in the rural area or in an area which has a high employment rate to qualify for it.

The high unemployment areas are those areas where the unemployment rate is at least 150 percent of the national unemployment rate at the time of the making investment. The rural areas are the geographic regions which are outside the city with a population of 20,000 or more.  The rural areas also the geographic regions which are outside of metropolitan areas.

What are the Job Creation Requirements?

The USICS requires that the EB-5 investments result in the creation of at least 10-full time jobs for US workers. These jobs must be created within the two year period once the investor has received their conditional permanent residency.

The investor must prove that their investment has created direct jobs for employees who work directly within the commercial entity which has received the investment in some cases.

Finally,

Filing for immigration visa under this category may be challenging and that is where you should hire an immigration lawyer who can help you in filing the application in the right manner.