EB-5 Category Visa FAQ
If you are a foreign national interested in investing and living in the United States, you may be eligible for the EB-5 Immigrant Investor Program. Here, our immigration attorney answers a few common questions about EB-5 visas, their eligibility requirements, and the application process.
Do I Qualify for an EB-5 Visa?
To qualify for the EB-5 Immigrant Investor Program and obtain an EB-5 visa, you must meet the following requirements:
- Invest the necessary minimum amount of capital in a United States commercial enterprise
- Create or preserve at least ten full-time permanent jobs for qualifying United States workers within the first two years of gaining your conditional permanent resident status
You can invest directly into a business or through a USCIS-designated Regional Center. You must invest at least $1,050,000 in an eligible commercial enterprise or $800,000 if it is in a targeted employment area. (dollar amounts are subject to be changed by USCIS at any time). To be considered a targeted employment area, it must be rural or have an unemployment rate of at least 150% of the national U.S. average.
A commercial enterprise may include:
- A sole proprietorship
- Limited or general partnership
- Corporation
- Business trust
- Limited liability company
- Joint venture
- Holding company and its subsidiaries
You must be able to prove that you legally own your investment capital and that the commercial enterprise is conducting for-profit, lawful business. You are not required to have labor certification as an immigrant investor.
The EB-5 Visa Application Process
First, you will file Form I-526, Immigrant Petition by Standalone Investor, or Form I-526-E, Immigrant Petition. Once USCIS approves your petition, you can apply for an immigrant visa.
If you are already legally in the United States, you will apply for an Adjustment of Status and file Form I-485, Application to Register Permanent Residence. Once approved, you and your eligible family members will be granted conditional permanent resident status.
If you reside outside the United States you will use consular processing. You must file DS-260, Application for Immigrant Visa and Alien Registration. Once granted, you can enter the States as a conditional permanent resident.
If you fulfill the EB-5 visa requirements after two years of conditional permanent residency, you can file Form I-829, Petition by Entrepreneur to Remove Conditions. If USCIS approves this petition, all conditions on you and your family’s permanent resident status will be removed.
Can My Family Gain Visas Through My EB-5 Visa?
Once your petition is approved, your spouse and unmarried children under the age of 21 are eligible to apply for immigrant visas. They must fill out required applications, collect and share the necessary documents, pay fees, and complete medical exams.
Estimated processing times are always changing. You can check the status of your application here.
Talk to the Immigration Lawyers at JAD Law
The U.S. Immigration visa application process can be lengthy and confusing, but an experienced immigration lawyer can help you navigate it. JAD Law is here to help. Contact JAD Law today to schedule an appointment.
JAD Law serves several counties across Metro Detroit, Michigan, including Macomb, Oakland, St. Clair, and Wayne counties. JAD Law also serves counties across Northern Michigan, including Grand Traverse, Charlevoix, Benzie, Leelanau, and Antrim counties.
