Understanding Immigration Law

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EB-5 Visa

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EB-5 Visa

The EB-5 Visa is for foreign entrepreneurs and their dependents that need to live in the United States to manage their large-scale investments. To qualify, they must invest $500,000 in a designated regional center or $1,000,000 anywhere in the U.S. The key component of the investment is that it must create a minimum of 10 full-time U.S. jobs.

A number of advantages exist for the EB-5 Visa over other green card options. An EB-5 Visa doesn’t require the labor certification process or for the applicant to maintain an existing home country business. In addition, there is no need to demonstrate extraordinary abilities.

EB-5 Visas are normally granted to investors, their spouses and their dependents on a two-year conditional basis. Once the initial EB-5 Visa is granted, the immigrant investor must enter the U.S. within 180 days. Petitions for an EB-5 Visa must demonstrate evidence that the investor is complying with all of the terms:

A new commercial enterprise has been established.
The proper amount of capital has been placed at risk.
The capital invested was lawfully gained.
The investment has created at least ten full-time jobs.
The investor intends to stay in the United States.
The investor will be engaged in the management of the enterprise.

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