EB5 Visa USA - Immigrant Investor Program

EB5 Immigrant investor visa categories are:

• C5 visa – for investments outside the target areas
• T5 visa – for investments in areas with a high unemployment rate
• R5 visa – for participants of an Investor Pilot Program but not engaged in target areas
• I5 visa – for investors who work in specific regions under an Investor Pilot Program

The EB-5 visa (Immigrant Investor Program) provides a direct path to a lawful Green Card (Permanent Resident Card) for qualifying investors in USA.

Key benefits:

• Obtain Green Card for the investor and their spouse, and unmarried children under 21
• Freedom to work, travel and live where you wish in the U.S.
• Quicker path to U.S. citizenship
• Able to leave and enter the U.S. as you wish (as a Permanent Lawful Resident)
• Able to start a business in the U.S. without your business being under immigration control
• Investors’ children are able to study the U.S. public school system
• Employment opportunities for the children of investors
• 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
• No visa sponsorship requirement
• Monetary return on investment if business investment is successful

The EB5 visa requirements are as follows:

• Invest in a new business established after November 29, 1990
• Invest in older commercial enterprises if your contribution leads to a significant increase in the net worth
• You need to make an “at risk” capital investment

The minimum amount of the capital required for the EB investor program can be decreased if you invest in a Targeted Employment Area (TEA). These are areas with 150% unemployment compared with the national average.

Furthermore, to be eligible for the EB5 visa you need to meet the following job creation requirements also:

• Your investment must result in the creation of at least 10 full-time jobs for U.S. workers
• This result must be obtained within two years after your EB5 visa approval

When applying for US EB5 visa, several forms and documents need to be submitted with the application to the USCIS:

• Evidence that you have invested in a designated Regional Center according to the approved regional center business plan.
• Evidence, if relevant, that your business has been established in a Targeted Employment Area
• Evidence that your investment in the Regional Center will create at least 10 direct or indirect full-time jobs
• Copy of passport
• Copy of Family Member Passports
• Evidence that you have invested (or are in the process of investing) the required amount
• Copy of any previous immigration applications
• Certified copies of any judgment, pending governmental civil or criminal actions, or private civil actions against the petitioner from any court in or outside the U.S. within the past 15 years.
• Proof of business ownership
• Copy of any/all business licenses
• Tax Returns for last five years
• Bank statements for last five years
• Evidence of other sources of capital
• Financial statements for each business
• Evidence that the investment funds were obtained legally

Any documents that are not in English must be translated into English by a certified translator.

As you can see there are many document requirements for the EB5 visa. If you would like help with the application process, our U.S. attorneys are ready to help, reach out now – complete our quick enquiry form.

To be successful with an EB5 visa application, applicants need to invest in a new commercial enterprise. This business must have been established after 29th November 1990.

A business existing before this date can be considered if they can be shown to be able to generate at least a forty percent increase in the net worth or in the number of employees.

New enterprises must create at least ten full-time jobs for qualifying workers.

Applicants must invest in a Targeted Employment Area (TEA) and the area must have an unemployment rate of 150 percent compared with the national average.

EB5 visa investment amount:

• Targeted Employment Area (TEA) / Infrastructure: $800,000 — applies if the commercial enterprise is in a rural area or an area with high unemployment.
• Standard Investment: $1,050,000 — applies to all other projects located outside of a designated TEA

The EB-5 Immigrant Investor Program requires an eligible investor’s qualifying investment to create jobs for U.S. workers. Generally, the investment must result in the creation of at least 10 full-time positions for qualifying employees.

These positions must meet the program’s requirements for full-time employment, generally involving at least 35 working hours per week. The jobs must be attributable to the qualifying commercial enterprise and supported by appropriate evidence.

The requirements differ depending on whether the investor invests directly in a commercial enterprise or through a qualifying regional center. In a direct investment, the enterprise generally must create the required qualifying jobs directly. For investments through a regional center, qualifying indirect jobs may also count under the applicable rules.

Job creation is a central part of the EB-5 petition: investors should maintain documentation supporting the business plan, investment, and expected or actual employment impact.

The total cost of applying for an EB-5 visa depends on the type of investment, the petition and immigration forms required, and whether the investor applies for an immigrant visa through a U.S. embassy or consulate or applies to adjust status while in the United States.

The principal fee categories to consider are:

The first step of your EB5 visa application is to submit Form I-526, Immigrant Petition by Alien Entrepreneur. As you are investing your own capital, you can self-petition for yourself without needing a U.S.-based sponsor.

Your EB5 petition processing time may vary depending on your country of origin. It can be as little as a few months to several years. You can periodically check the state of your petition and the number of available permits for your nationals on the EB5 Visa Bulletin.

If your petition is approved, you will then need to wait for your priority date to become current before proceeding with your visa application. Upon submission of your Form DS-260, the USCIS may ask you for full medical documentation.

At the interview stage, you must present your supporting documents. You will need to prove that your application, investment and project meet the EB5 visa requirements.

The following is a general outline of the US EB-5 investor visa process.

There are some common reasons as to why an EB5 visa petitions and application are denied / rejected, as follows:

• Petition has missing information
• The appropriate fees were not paid correctly
• Documents are missing
• Inaccurate information
• Minimum funds requirement has not been met
• Lack of evidence showing the funds are yours to control
• Job creation requirement has not been evidenced

Your denial letter will indicate the reason and what options you now have, for example, if you are able to appeal the decision or not.

There are several potential options you have after EB5 denial including filing a legal motion, appealing, and refining the application. You may also find other immigration options that could be better for you than one of these options.

Because of the complicated immigration laws, rules and options, we recommend speaking with an immigration lawyer if you have been denied an EB5 visa. A Total Law attorney will be able to speedily advise as to the best route forward, and save you time and effort in the process.