EB-5 Immigrant Investor Program
Employment-based visa for advanced degree professionals or individuals with exceptional abilities whose work benefits the national interest of the U.S., allowing them to self-petition without an employer.
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Eligibility Criteria
Capital Investment: Proof of legal source of funds for the investment amount.
Business Plan: A comprehensive business plan detailing how the investment will generate employment and meet the requirements.
Management Role: The investor must engage in the day-to-day management or policy formation of the enterprise or be involved in a regional center project that offers indirect job creation.

Key Requirements
Investment Amount:
Standard Investment: A minimum investment of $1,000,000 in a new commercial enterprise.
Targeted Employment Area (TEA): A reduced minimum investment of $500,000 if the investment is made in a TEA, which is defined as a rural area or an area with high unemployment.
New Commercial Enterprise: The investment must be made in a for-profit entity established after November 29, 1990, or one that was restructured to increase the value by at least 40%.
Job Creation: The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor's admission to the United States.
At Risk Investment: The invested capital must be at risk for the duration of the investor’s permanent residency status.
Application Process
Form I-526 Petition: The primary document to apply for the EB-5 visa is Form I-526, Immigrant Petition by Alien Investor.
Supporting Documents: Evidence of investment, job creation projections, and source of funds must be submitted.
Processing Time: Regular processing can take 12-24 months. Premium processing may not be available for EB-5 applications.
Adjustment of Status or Consular Processing: If the I-526 is approved and the applicant is in the U.S., they can file for Adjustment of Status (Form I-485) to become a permanent resident. If outside the U.S., they must go through consular processing.
Benifits of B1 Visa
Permanent Residency: Successful applicants and their families (spouse and unmarried children under 21) can obtain Green Cards, granting them the right to live and work in the U.S.
Pathway to Citizenship: EB-5 investors may apply for U.S. citizenship after five years of permanent residency.
Flexibility in Investment: Investors have the option to invest in a wide variety of industries or projects.
FAQs
Can I invest in a business that I already own?
Yes, you can invest in your own business, provided it meets the EB-5 program requirements.
How long does the EB-5 application process take?
Processing times can vary, typically ranging from 12 to 24 months for the I-526 petition.
What is the cost of filing for EB-5?
The filing fee for Form I-526 is $3,675, with additional costs for legal fees and other expenses.
Can I include my family in the EB-5 application?
Yes, your spouse and unmarried children under 21 can be included in your petition.
What happens if my I-526 petition is denied?
You can appeal the decision or file a new petition with additional supporting evidence.
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