What is the Eb5 Investment for Immigrants in the US

Getting permission to live, work, and study in the US is hard. It takes a lot of time and can be boring. But, you might be interested in the US EB-5 Investor Visa program.

It’s for people who want to invest a lot of money in the US. If you join, you can get a green card (and later become a US citizen). It’s a good option if you want to invest big in the US economy.

In this article, you’ll understand the Eb5 investor visa and the different tiers of the Eb5 visa. Also, you’ll know the qualifications and how to apply for it – pretty much anything you should know about.

First thing first, about the EB5 Investor Visa for the USA, Here’s what you need to know:

  • You need to invest at least $800,000 in a US business.
  • This investment must create at least 10 jobs for US citizens.
  • With the EB5 visa, you get a Green Card.
  • You can live and work in the US with this visa.
  • The US issues only 10,000 EB5 Investor Visas each year.

About EB5 Investor Visa

The EB5 Investor Visa Program started in 1990, lets foreign investors become US permanent residents. Simply put, invest in a US business, and get your green card.

It’s managed by the US Citizenship and Immigration Services (USCIS), aiming to boost investment in the US economy.

To get an EB5 visa, invest $800,000 in a Targeted Employment Area, creating jobs for at least 10 Americans.

You can invest individually or through regional centers (RC) linking investors with developers needing funding.

Eb5 Investment Requirements 

To apply for the EB5 Investor Visa in the USA, you need to meet these requirements:

Eb5 Investment for Immigrants

  • Invest $1.05 million in a qualifying business, or
  • Invest a minimum of $800,000 in a Targeted Employment Area (TEA) and create 10 full-time jobs for US citizens within two years.
  • Your investment should benefit the US economy by providing goods or services domestically.

Here’s what you don’t need:

  • A job offer or labor certification.
  • To disclose your net worth.
  • To be highly involved during the process, unlike the E2 Treaty Investor Visa Program, which requires active business management.

Eb5 Investment Eligibility Criteria

To be eligible for the Investor Visa in the USA:

  • Your investment must come from legal sources and cannot be borrowed.
  • You can invest in cash or cash equivalents, such as certificates of deposit and treasury bonds.
  • Additionally, you can invest in inventory or other tangible property secured as assets.
  • You need an approved I-526 petition, showing that you’ve begun the investment process in a US business.

Benefits of Eb5 Investor Visa in the US

Numerous benefits are awaiting you when you make an Eb5 investment in the USA such as:

  • Once approved, your spouse and unmarried children under 21 can also apply.
  • You gain the right to live, retire, work, and study anywhere in the country, with access to the US education system.
  • Benefits extend to the US and its citizens.

Basic benefits include:

  • Access to Social Security and Medicare.
  • A pathway to permanent residency.
  • Access to world-class education and childcare services.
  • No need for a visa sponsor.
  • It’s a profitable investment.
  • Freedom to live and work in the US.

Eb5 Investment Options in the US

With the EB5 Investor Visa Program, you have options, you can invest directly or through a Regional Center.

Eb5 Investment Options:

  • You can invest at least $1.05 million in a qualifying business.
  • Or, you can invest at least $800,000 in a Targeted Employment Area (TEA). You need to promise to create 10 full-time jobs for US citizens within two years.

How to Apply for an Eb5 Investment Visa

To get the Eb5 Investment Visa, start by investing your money, then do the following:

  • Fill out Form I-526, also known as the “Investment Visa application form,” to apply to the USCIS.
  • USCIS will check your application. After they’re done, they go to the National Visa Center (NVC).
  • NVC will contact you to pay fees and give them the papers they need. They’ll tell you how and where to pay.
  • Apply for a visa and go to the US Embassy for an interview. NVC will tell you when and where the interview is and what documents to bring.
  • Get Your Visa: If everything goes well, the US Embassy will give you your Immigrant Investor Visa.

Important: If you’re already in the US, you need to apply for an adjustment of status (Form I-485) with USCIS.

  • File I-829 Petition: After 21 months, file an I-829 Petition and apply for permanent residency.
  • Become a US Citizen: After five years of being a legal resident, you can apply for US citizenship.

Documents Needed for the EB5 Investor Visa

To apply for the EB5 Investor Visa, you’ll need to provide these documents:

  • Valid passport.
  • Copies of passports for you and your family members.
  • Household registration documents.
  • Proof of previous immigration applications.
  • Criminal record check.
  • Documents showing business ownership.
  • Business license(s).
  • Proof of where your investment money comes from.
  • Detailed business plan.
  • Organizational documents and partnership agreement.
  • Statement of your title/position and job descriptions.
  • Bank and task statement dated aleast 5 years back.
  • Documentation of any other sources of money.
  • Approved I-526 petition showing you’ve started the investment process.

FAQs

#1. What is a TEA?

TEA stands for Targeted Employment Area. It refers to specific rural areas that are considered underserved, where the unemployment rate is at least 150 percent of the national average. These areas are identified as needing economic stimulation and development.

#2. What is the most common reason for an I-526 denial?

The main reason for the denial of an I-526 petition is the applicant’s inability to sufficiently demonstrate that the investment funds were obtained through legal means. To avoid this, thoroughly document the source of funds to avoid any complications during the application process.

Conclusion

The processing time for the EB5 visa varies by country. Some countries have lower admission caps, leading to longer processing times.

Form I-526 usually takes around 16 months or more to process. Factors like the number of investors, investment amount, and likelihood of success can affect this.

If you apply through a regional center using Form I-924, processing takes about 9 months or more. It may take longer if the USCIS requests more evidence. The regional center might spend around 3 months preparing your petition.

For removing permanent residency conditions, Form I-829 takes approximately 18 months or more to process.