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EB-5 Visa

EB-5 Visa, Direct Foreign Investor, Permanent Residency (Green Card)

As an alternative to the E-2 treaty investor visa program, where your country is not a treaty partner of the U.S., the applicant can utilize this immigrant EB-5 visa. This is a Direct Investment Program where the investor creates and manages its own economic endeavor as opposed to the Regional Center Program where it is a mere investor. The Regional Center Program, in some instances, for more favorable investor treatment. This category, combined with the Regional Center Program has an annual cap limitation of 10,000 visas.

It is a fourth preference category designed for new commercial enterprises, purchasing to restructure existing enterprises or to 40% or more expand, through the investment existing enterprises. The enterprise can be; a sole proprietor, joint venture, partnership, limited liability company, corporation, holding company or business trust all publically or privately owned.

Investment Requirements

The investor must:

  • Have invested or be investing a minimum of $1,000,000 U.S. Dollars, unless it invests in a Target Employment Area (TEA) where the investment is $500,000 U.S. Dollars.
  • Pass stringent background checks and a physical examination,
  • Create directly, 10 U.S. fulltime (35 hour per week) worker jobs, within 2 years of providing the investment,
  • Document all lawful sources of the funds invested,
  • Provide 5 years of foreign home country tax returns,
  • Satisfy all post investment USCIS requirements.

The investor can:

  • Not be a limited partner in the investment,
  • Not live in a state apart from the state where the regional center is located.

Submission Process

The petitioner must submit USCIS Form I-526, all accompanying documentation and pay all required filing fees. Processing takes approximately 5 months. Upon approval the investor and its spouse and unmarried children under 21 consular process if outside the U.S. or adjust status to receive their conditional permanent residency (green card) if in the U.S. Dependants can both work and attend schooling. The premium processing service may be available for these type of visas.

Conditional Permanent Residency

Between 21 and 24 months after the conditional green card was issued the investor must reconfirm its investment and file the USCIS Form I-829, with accompanying documentation and pay all required filing fees to remove the condition.

This is a complicated visa that can have tax consequences. An immigration attorney well versed in business is an essential aid to processing this type of visa application. we can provide that expertise. Remember, "with immigration nothing is as simple as it first appearsâ„ ."

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