EB-5 Visa

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EB-5 Investor Visa

What Is an EB-5 Investment Visa?

The EB-5 visa program is an immigrant investor program that provides a path to lawful permanent residence in the United States for foreign nationals who invest a significant amount of money in a new commercial enterprise that creates jobs for U.S. workers. The EB-5 program is administered by USCIS.

What are the requirements for an EB-5 visa?

To qualify for an EB-5 visa, individuals must meet certain requirements set by USCIS. Here are the key requirements for obtaining an EB-5 visa:

  1. Investment Amount:
    • The investor must make a minimum capital investment in a new commercial enterprise.
    • The standard minimum investment is $1.8 million.
    • The minimum investment is reduced to $900,000 if the investment is made in a targeted employment area (TEA), which is an area with high unemployment or a rural area.
  2. New Commercial Enterprise:
    • The investment must be made in a “new commercial enterprise,” which can include the creation of a new business, the expansion of an existing business, or the reorganization or restructuring of a troubled business.
    • The enterprise must have been established after November 29, 1990, or, if established earlier, it must have been restructured or reorganized to such an extent that it functions as a new commercial enterprise.
  3. Job Creation:
    • The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the United States as a conditional permanent resident.
    • Jobs can be direct jobs within the commercial enterprise or indirect jobs created through the investment.
  4. Source of Funds:
    • Investors must demonstrate that the capital invested was obtained lawfully.
    • USCIS requires evidence of the lawful source of investment funds, which may include documentation of income, business ownership, loans, gifts, or other sources.
  5. Regional Center or Direct Investment:
    • Investors can choose to invest directly in a new commercial enterprise or invest through a USCIS-designated Regional Center.
    • Regional Centers are private entities, organizations, or public-private partnerships that facilitate economic development within a specific geographic area.
  6. Form I-526 Petition:
    • File Form I-526, Immigrant Petition by Alien Entrepreneur, with USCIS.
    • This petition is used to demonstrate the investor’s eligibility for the EB-5 program and includes supporting documentation such as the business plan, evidence of the investment, and source of funds.

How can I apply for an EB-5 visa at the US Consulate or Embassy?

The application process for an EB-5 visa involves two main steps: filing an immigrant petition with U.S. Citizenship and Immigration Services (USCIS) and applying for an immigrant visa at a U.S. consulate or embassy. Here is a general overview of the process:

  1. File Form I-526, Immigrant Petition by Alien Entrepreneur

After your form I-526 is approved, USCIS will forward it to the National Visa Center for Consular processing.

  1. Apply for an Immigrant Visa at a U.S. Consulate or Embassy
      • Pay the Visa Processing Fee: Pay the immigrant visa processing fee to the U.S. Department of State. The fee amount may vary, so check the website of the U.S. consulate or embassy where you plan to apply.
      • Complete Form DS-260: Fill out Form DS-260, Online Immigrant Visa Application, on the Consular Electronic Application Center (CEAC) website. This form collects information about your eligibility for an immigrant visa.
      • Submit Supporting Documents: Provide the required supporting documents, which may include the approval notice for Form I-526, a copy of Form DS-260 confirmation page, passport photos, and other documentation requested by the consulate or embassy.
      • Schedule and Attend a Visa Interview: Once the NVC (National Visa Center) has received all the necessary documents, they will schedule an immigrant visa interview for you at the U.S. consulate or embassy. Attend the interview on the scheduled date and time.
      • Medical Examination: Undergo a medical examination by an approved panel physician. The results of the examination will be sent directly to the U.S. consulate or embassy.
      • Visa Issuance: If your visa application is approved, the U.S. consulate or embassy will issue an immigrant visa on your passport.
      • Two-year Conditional Green Card.: After receiving the immigrant visa, you can travel to the United States. Upon arrival, you will be admitted as a conditional permanent resident for 2 years. Within the 90-day period before your conditional permanent residency expires, you must remove conditions on your permanent residence.

As an EB-5 Investor, can I adjust my status in the US?

If your I-526 petition has been approved, and you are in the US in a lawful status, you can apply for adjustment of status to become a conditional permanent resident. Here are the general steps to file an adjustment of status after the approval of Form I-526:

Step 1: Check Visa Availability

Before proceeding with the adjustment of status application, it’s important to check whether a visa number is available for your case. The availability of visa numbers is determined by the Visa Bulletin published by the U.S. Department of State.

Step 2: File Form I-485, Application to Register Permanent Residence or Adjust Status

  1. Gather Required Documents:
    • Collect all necessary supporting documents, including a copy of the approved Form I-526, evidence of the investment, proof of the lawful source of funds, passport-style photos, and other required documents.
  2. Complete Form I-485:
    • Fill out Form I-485, Application to Register Permanent Residence or Adjust Status. Make sure to follow the instructions carefully, and provide accurate and complete information.
  3. Pay the Filing Fee:
    • Pay the required filing fee for Form I-485. The fee amount may vary, so check the USCIS website for the most up-to-date information.
  4. Submit the Application Package:
    • Mail the completed Form I-485, along with the supporting documents and filing fee, to the appropriate USCIS address. Use a trackable mailing method and keep a copy of the entire application package for your records.

Step 3: Biometrics Appointment

  1. Biometrics Appointment Notice:
    • After USCIS receives your application, you will be scheduled for a biometrics appointment. You will receive a notice with the date, time, and location of the appointment.
  2. Attend the Biometrics Appointment:
    • Attend the biometrics appointment to provide fingerprints, photographs, and a signature.

  3. Two-year Conditional Green Card

    If USCIS approves your adjustment of status application, you will be granted conditional permanent residency for 2 years.  Within the 90-day period before your conditional permanent residency expires, you must remove conditions on your permanent residence.

It is important to note that the EB-5 Investor program is one of  the most complicated immigration programs. The information provided here is a general overview, and the specific requirements and processes may change. Consulting with an experienced immigration attorney who specializes in EB-5 matters is highly recommended. 

Removal of Conditions (I-829 Petition)

File Form I-829: Within the 90-day period before your conditional permanent residency expires, file Form I-829, Petition by Entrepreneur to Remove Conditions, with USCIS. This form demonstrates that the required investment and job creation have been maintained.

Receive Permanent Residency: If USCIS approves your Form I-829, you will receive permanent residency without conditions.

Other Investment Visas

Our Expertise and Services

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.

Follow-up Assistance

After the visa/petition is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.

At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.

Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.

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