EB5 Visa: Apply from Canada

The EB5 immigrant investor program was created in 1990 in order to bring foreign investment into the US to stimulate economic growth in the country through job creation. The EB5 program was designed to develop rural areas within the US that typically have a higher-than-average unemployment rate.

If an EB5 project is in a Targeted Employment Area (TEA) (which is usually typically high in unemployment), there is a minimum investment of $500,000 required. For a non-TEA project, $1,000,000 is needed to obtain a green card. If you do not have this kind of funding and wish to invest a smaller amount, you may be eligible for the E2 Visa instead.

There are several benefits for an investor that is in the US on an EB5 Visa, and they are as follows:

• As the investor, yourself, your spouse, and any unmarried children under the age of 21 can obtain a green card
• You will have the freedom to live, work, and travel wherever you wish inside the US
• As a permanent lawful resident, you will be able to leave and re-enter the US as you wish
• You can start a business in the US without business immigration control
• You will be on a quicker path to US citizenship
  Your children will be able to study in the US public school system
• There will be employment opportunities for your children
• You are not required to be sponsored by a US employer or petitioner
• You will be eligible for a return on investment if the business investment is successful
• In some circumstances, the EB5 Visa can be one of the fastest ways to obtain a green card as compared with other routes, such as the EB1 Visa, EB2 Visa, and EB3 Visa.

The main EB5 Visa requirements are as follows:

• You will need to invest in a new business that was established after 29 November 1990
• You are able to invest in older commercial enterprises if your contribution leads to a significant increase in the net worth of the company
• You need to make an at-risk capital investment of $1 million
• The minimum investment amount can be reduced to $500,000 if you invest in a Targeted Employment Area (TEA). TEA areas are regions with a higher level (150%) of unemployment stats as compared with the national average.

To be eligible for the EB5 Visa, you will also need to be able to create new jobs, as follows:

• Your investment must result in at least 10 full-time jobs being created for US workers
• These jobs must be created and the goal having been achieved within two years of your EB5 Visa having been approved

When you are applying for an EB5 Visa, you will need to submit supporting documents as follows:

• Evidence that your business has been established in a TEA area (if relevant)
• Evidence that you have invested in a designated Regional Center according to the approved regional center business plan (if relevant)
• Substantial evidence to prove that your investment will definitely create at least 10 direct or indirect full-time jobs
• A copy of a valid passport
• A copy of the passport of any of your family members who are also applying within the same visa
• Evidence that proves that funds being invested have been obtained legally, and are entirely yours to control and manage
• Evidence that proves that you have, or are in the process of investing the necessary amount of either $500,000-$1,000,000
• A copy of any previous immigration applications (if applicable)
• Certified copies of any judgment or legal actions, either civil or criminal, against yourself from any US or foreign court within the past 15 years (if applicable)
• Copies of your business license (where appropriate
• Evidence of other capital sources
• Financial statements for each business
• Proof of business ownership
• Your tax returns for the business over the last five years
• Your bank statements for the business over the last five years

All documents must be submitted in English, and if not, they must be translated into English by a certified translator.

To begin your EB5 Visa application, you will need to submit Form I-526 (Immigrant Petition by Alien Entrepreneur). You do not require a US sponsor, and can self-petition, as you are investing your own capital.

Once you receive approval for your EB5 petition, you will then have to wait for your priority date to become current, before submitting your visa application. Once you have submitted Form DS-260, the United States Citizen and Immigration Services (USCIS) may ask for medical documents from you.

During the visa interview, you will need to be able to show your supporting documentation and provide evidence that your application, investment, and business project fulfill the EB5 Visa criteria.