Looking into your U.S. visa options as a foreign entrepreneur? The EB-5 visa may be the right category for you. In this article, we’ll explain the process of investing in a U.S. company in exchange for an EB-5 visa. Then, we’ll cover how the EB-5 visa can potentially be a pathway to U.S. lawful permanent residency (a Green Card).
How to Apply for an EB-5 Visa
To begin the application process for the EB-5 Immigrant Investor Visa Program, foreign investors must submit a petition to United States Citizenship and Immigration Services (USCIS) to advocate for their right to invest in a U.S. company for work and legal resident status in the United States.
The EB-5 petition is completed by filing Form I-526 or Form I-526E. If the immigrant investor is self-petitioning for an EB-5 visa and investing in a traditional U.S. business, they must file Form I-526. If the immigrant investor is investing in a regional center designated by USCIS, they must file Form I-526E.
If the EB-5 petition is approved, then the immigrant investor will need to apply for a visa. Outside of the United States, this is done at a U.S. embassy or consulate. Inside the United States, this is done by filing a Form I-485 application to adjust status from nonimmigrant to immigrant. The I-485 may be filed concurrently (at the same time) with the EB-5 petition if you’re filing from inside the United States.
EB-5 Visa Eligibility Criteria
To qualify for EB-5 visa issuance, you must make an at-risk investment of:
- $1,050,000 OR
- $800,000 if the business is located in a Targeted Employment Area (TEA).
TEAs are locations in the United States that are rural and/or subject to high unemployment rates.
Removing EB-5 Conditions for Permanent Residency
After making the investment and being issued an EB-5 visa, the immigrant investor will obtain a conditional Green Card card that is valid for only two years. Within 90 days of the expiration date of the conditional Green Card, the immigrant investor may apply to remove the conditions on their Green Card. This is done by filing Form I-751 with USCIS.
If the I-751 petition is approved, the immigrant investor will be considered a lawful permanent resident and their Green Card will be valid for ten years before renewal is required.
To learn more about the EB-5 visa process, navigate to the comprehensive guides linked above throughout this article.
