Looking for ways to expand your business internationally? The EB-5 Immigrant Investor Visa offers an opportunity for non-citizens and non-residents to obtain lawful permanent residency in the United States.
Allow this article to familiarize you with the details of the EB-5 visa category, defining its role in U.S. immigration, providing its eligibility criteria, and describing the application steps.
What is an EB-5 Investor Visa?
The EB-5 Immigrant Investor Visa is designed specifically for entrepreneurs who were born outside the United States, such as those born in the United Kingdom. The EB-5 category allows these individuals to make a substantial investment in a U.S. business in exchange for a conditional Green Card.
EB-5 Visa Eligibility
Foreign investors are required to make a capital investment to qualify for EB-5 visa issuance. The minimum capital investment required is $1,050,000 (USD) for an investor who is investing in a traditional U.S. business. Investors who opt to invest in a business located in a “targeted employment area” (TEA) are required to invest a minimum of $800,000 (USD). TEAs are areas that are subject to high unemployment rates or rural areas.
United States Citizenship and Immigration Services (USCIS) also requires that the investment:
- Is in a “new” commercial enterprise.
- Creates or saves at least 10 full-time jobs (minimum of 35 hours per week) for U.S. employees; family members and nonimmigrant visa holders do not count towards this goal.
Please note that if the business fails and loses the investor’s money, the investment is “at risk,” meaning that the investor’s money will be gone forever. But EB-5 investment projects are well-vetted by the U.S. government, and the risk usually pays off for investors.
EB-5 Visa Application Steps
To apply for an EB-5 visa with USCIS:
- File Form I-525, Immigrant Petition by Standalone Investor.
- Complete Form DS-260 online.
- Receive conditional Green Card (EB-5 visa) that is valid for 2 years.
- Remove conditions within 90 days before the expiration of your conditional Green Card with Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.
- Receive I-551 Permanent Resident Card that is valid for 10 years before renewal is required.
For more details on the EB-5 visa application forms, be sure to check out the full EB-5 Immigrant Investor Visa guide (linked above in this article).