EB-5 Visa

EB-5 Visa Guide: Key Information on the EB-5 Visa

The EB-5 visa presents a unique opportunity for investors and entrepreneurs aiming for permanent residency in the United States. With this visa, you can live and work in the U.S., and your spouse and dependent children can also qualify for green cards.

EB-5 Visa Overview

The EB-5 visa is designed for investors, entrepreneurs, and business founders who meet specific investment criteria. Key requirements include:

  • Investment Amount:
    • $1,050,000 in a U.S. business, or
    • $800,000 in a targeted employment area (economically depressed region).
  • Job Creation:
    • Create 10 full-time jobs for U.S. workers.
  • Investment Type:
    • Invest in a for-profit, commercial enterprise (non-profit enterprises do not qualify).

Investment Options:

  • Direct Investment: Start or purchase your own business.
  • Regional Center Project Investment: Contribute to large-scale projects regulated by USCIS.

Benefits:

  • Leads to a green card for the applicant, spouse, and children.
  • Conditional permanent residency for 2 years.
  • Unconditional green card granted after proving:
    • The creation of 10 U.S. jobs.
    • Maintenance of capital investment for the required period.

Two-Step Process

  1. Conditional Permanent Residency: Granted for the first 2 years.
  2. Unconditional Green Card: Remove conditions by demonstrating job creation and maintaining investment.

Advantages of the EB-5 Visa

The EB-5 visa provides a route to U.S. residency and citizenship through self-petition. Key advantages include:

  • Permanent Residency: Green card eligibility for you, your spouse, and unmarried children under 21.
  • Educational Access: Children can attend U.S. schools.
  • Independent Filing: Self-petition without reliance on employers or family members.
  • Work Flexibility: Freedom to work in any lawful role throughout the U.S.
  • Geographic Freedom: Flexibility to live and work anywhere in the U.S.

Requirements for an EB-5 Visa

To qualify for the EB-5 visa, applicants must meet the following criteria:

  • New Commercial Enterprise: Invest in a new business entity.
  • Minimum Investment: $1,050,000 (or $800,000 in a targeted employment area).
  • Job Creation: Create 10 or more full-time jobs for U.S. workers.
  • At-Risk Funds: Investment funds must be “at risk,” meaning subject to potential loss.
  • Lawful Funds: Investment capital must be lawfully obtained.
  • Active Management: Engage actively in managing the enterprise.

For personalized guidance or additional questions, reach out to us at matif@atiflawfirm.com. We’re here to assist!