EB-5 Visa Requirements
In order to obtain permanent residency status in the United States and gain a conditional Green Card, through the EB-5, or Immigrant Visa Program, an investor must meet the specific visa requirements.
Call Immigration Advice Service now on +1 844 290 6312 for further advice and assistance from our legal experts with your personal situation.
EB-5 Visa - US Immigrant Investor Program Overview
The EB-5 program for foreign investors and immigrant investors creates jobs and stimulates the U.S. economy.
To be able to qualify, you must invest in either a commercial enterprise, a new commercial enterprise or at-risk commercial enterprises to create at least full-time positions for 10 qualifying employees.
Holders of the EB-5 Investor Visa are able to live in the US and travel overseas freely. It is also a pathway to gaining US citizenship.
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EB-5 Visa Eligibility Criteria
To be eligible for an EB-5 Visa, you need to meet three main requirements:
- Have an investment of capital through lawful sources of funds
- Invest in a new or at-risk commercial enterprise
- Create full-time jobs for at least 10 qualifying employees
Capital investment
There are a number of ways you can make a contribution for profit out of capital including:
- Cash
- Inventory
- Property
To prove the investment capital you provide is yours and the investment money has been obtained through lawful ways, you might have to provide the following:
- Foreign business registration records
- Tax returns
- Other sources of capital investment
- Any copies of pending civil or criminal actions (governmental or private)
Minimum investment
As of March 2022, the minimum investment amount is $1,050,000 and the targeted employment area (TEA) minimum investment amount is $800,000 (which includes infrastructure projects).
A targeted employment area at the time of capital investment can be either:
- A rural area
or - An area that has experienced high unemployment. This is defined as at least 150% of the national average unemployment rate).
Investment in new commercial enterprise
A new commercial enterprise means any for-profit new business entities commercial enterprise, or activity created with the intent of conducting and continuing a business or commercial enterprise that is lawful.
In this enterprise, you may be the sole proprietor of an existing business or business entities, or you and qualified employees may work in a partnership or joint venture business, have a corporation, or invest in other business structures or forms of private or public investment funds qualifying entities.
Purchases after 29th November 1990
The first new business enterprise must be purchased after 29th November 1990. If it was a new commercial enterprise purchased on or before that date, it may still qualify as a new business if it was reorganised into a new enterprise. It may also qualify if the business was expanded through your EB-5 Visa investment, with a 40% increase in the number of employees or total net worth.
Troubled businesses
If you have invested in a troubled (at-risk) business, it must have been around for your full-time employment at least two years prior and shown a net loss 12-24 months before your priority date.
Full-time job creation for at least 10 employees
For the immigrant investor program (EB-5 for Visa holders), USCIS requires that each EB-5 direct investment that results in conditional permanent residency be in the indirect job creation of at least 10 full-time jobs for U.S. workers.
These ten indirect jobs created by direct investments are required to be created within a two-year time period after you have received conditional permanent residency.
If you are unsure about the eligibility criteria for the EB-5 Visa then you may want to consult a legal expert, especially as incorrect understanding of the criteria may result in an unsuccessful EB-5 Visa application. Call us today on +1 844 290 6312 for further advice and support.
Documents Required for EB-5 Application
You will be required to provide documents to prove that:
- The business is a new commercial enterprise
- You are or are about to be managing your business investment
- You have the investment of capital
- You are creating jobs for at least 10 full-time employees
Submitting a business plan
Submitting a comprehensive business plan may also increase your chances of a successful, EB-5 Visa application.
The more detail there is that explains your business, the more likely you are to be considered to have a comprehensive and credible business suitable for an EB-5 Investor Visa in the USA.
How Can IAS Help?
The immigration system in the U.S. can be challenging, and it is strongly advised that you get support from our specialist immigration law team at IAS for the most successful results in immigration services.
Our team of knowledgeable immigration lawyers have extensive knowledge in navigating America’s immigration system and investment immigration.
We can help you through the entire process of completing your EB-5 Visa forms, as well as help with submitting a successful application form and gaining a Green Card.
IAS has an excellent track record of successful cases, and our lawyers are highly experienced in citizenship and immigration services in this field. To apply for an EB-5 Visa, contact IAS online or at +1 844 290 6312 today for professional, no-obligation advice or assistance.
Last modified on June 15th, 2023 at 10:45 am
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Frequently Asked Questions
Yes, direct investment of capital can come through a loan, as long as the loan is not secured by the same direct investment of capital investment in project.
Yes, that is allowed. Be aware that the details of the gift — the source and timing must be included with your I-526 petition, in your source of funds documentation.
This is difficult to say as it is individual depending on your situation. For the years from 2018 through to 2020, the I-526 application approval rates were 92%, 90%, 78%, and 75%.
IAS can improve your chances of success by ensuring your application includes all necessary details and documents.
Unfortunately, no, parents cannot be classed as derivatives on your EB-5 Visa. Only your spouse and unmarried children under the age of 21 years old may qualify as derivatives.
Yes, this is a popular route for many investors.
After five years with an EB-5 Visa, you can apply to be a U.S. citizen.
Yes, provided that you offer proof that the cryptocurrency was of legal origin and you were the owner. The challenge of this is the perception that cryptocurrency is in fact anonymous.
The usual process is to convert the digital fund to conventional currency and then give those funds to the project.