What is an EB-5 Immigrant Investor Visa?
The EB-5 Visa category is designed to allow a foreign national to sponsor him or herself in the application for a U.S. Permanent Residency – commonly referred to as “Green Card.” The EB-5 Visa was specifically created with the goal of attracting foreign capital to the United States in order to create new jobs for American workers. The EB-5 category allows a qualifying investor to obtain permanent residency to the United States upon meeting certain requirements.
What are the Requirements of the EB-5 Visa?
Like any other U.S. Visa, there are several requirements that need to be met in order to qualify for the EB-5 Visa. However, the great thing about the EB-5 Visa is that its list of requirements is not as extensive as other similar visas and there are basically 3 main requirements all EB-5 applicants must meet:
- The investor must establish a new business or invest in an existing business in the United States that was created after November 1990;
- The investor must invest a minimum of $1,000,000 or $500,000(depending on the area where the business is located) and prove through solid evidence that the money was obtained legally; and
- The EB-5 business must create at least 10 full-time jobs for American workers within two years after being admitted to the United States.
What is a Regional Center?
A Regional Center is an entity, corporation, or agency located in a specific geographic area that is approved and designated by the USCIS and is established to promote economic growth, create new jobs for American workers,and increase domestic investment. Investing via a Regional Center is a more passive approach to obtain the EB-5 Visa as the EB-5 investor is not required to be directly and actively involved in the day-to-day operations of the business.
What is a Direct EB-5 Investment?
The term “Direct EB-5 Investment” is used to refer to the process of investing into a business that is already owned by the investor. When it comes to Direct EB-5 Investments, among other requirements, the EB-5 investor will need to invest at least 500,000 or $1,000,000 and also show that at least 10 new jobs were created by the business for American workers within two years after being admitted to the United States, with some exceptions for troubled businesses.
How Long Will it Take to Get My EB-5 Investor Green Card?
It is hard to say as the processing times of EB-5 Visa applications vary.
Every EB-5 application must begin with a petition filed directly with the USCIS. The current processing time for EB-5 petitions to be reviewed is usually four to twelve months. Once the petition is approved, the applicant is then required to apply for his or her “conditional” green card inside the United States (if eligible) or in his or her country of residence at the local Consulate.The processing time in most U.S. Consulates varies from two to six months. The processing time for the application to be reviewed inside the United States varies from three to six months.
If I am the Main Applicant, Can My Family Come with Me to the United States?
The short answer: YES!
One of the most attractive benefits of the EB-5 Visa is the fact that a single investment will allow the investor to be accompanied by his or her spouse and all of their children under 21 years of age if they wish to do so. When it comes to immediate family members, there is no additional investment requirement for the EB-5 Visa. However, a qualifying EB-5 investment does not allow investors to be accompanied by parents, brothers and sisters, or children over 21 years of age.
Why You Should Choose Me to Represent You in Your EB-5 Visa Application
As a Business & Immigration Attorney, I have personally assisted numerous investors with direct investment strategies and helped them reach their goal of taking the next step in their business careers: transitioning to the greatest economy in the world.
My Miami Law Firm prides itself on an extensive knowledge base surrounding U.S. Immigration laws and policies; and applying for the EB-5 Visa is one of my specialties.