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All About EB-5 Investor Visa

Do you want to invest in the United States but are unsure how? The EB-5 investor visa may be the perfect opportunity for you! This visa allows foreign investors to obtain a green card by investing in a business that creates or preserves jobs in the United States. Our New York immigration team discusses all things EB-5 visa, who qualifies, the process of obtaining the visa, and how J & K Law can help.

What is the Minimum Investment for an EB-5 Visa?

As part of the Immigration Act of 1990, the EB-05 visa was created to encourage foreign investment and job creation in the U.S. In order to qualify for this visa, investors must invest at least $500,000 into a business that creates or preserves at least ten full-time jobs in the United States. The investment must be made within two years of the visa application and cannot be withdrawn until five years after the investor has obtained their green card.

What Are the Benefits of an EB-05 Investor Visa?

There are many benefits to obtaining an EB-05 investor visa, including:

  • The ability to live and work permanently in the United States
  • Obtaining a green card for you and your family
  • The ability to invest in a business in the United States
  • The ability to create or preserve jobs in the United States

What Is the Process of Obtaining an EB-05 Investor Visa?

The process of obtaining an EB-5 investor visa is as follows:

  1. The investor must apply to the United States Citizenship and Immigration Services (USCIS)
  2. If the application is approved, the investor will receive an I-526 Immigrant Petition for Alien Entrepreneur
  3. The investor must then submit a visa application to the United States Department of State
  4. Upon approval of the visa application, the investor will be issued an EB-5 visa
  5. The investor can then enter the United States and obtain a green card

Who Can Qualify for Residency Through the EB-5 Program?

Entrepreneurs can obtain green cards by investing in a U.S. commercial enterprise. Through the EB-5 program, spouses and unmarried children under the age of 21 of immigrant investors can also secure green cards.

Do I Have to Invest in a Certain Type of Business?

There are two investment options for anyone seeking an EB-5 visa:

  • Regional Center Investment - An EB-5 investment in a government-approved Regional Center is a less hands-on option. Individuals applying for an EB-5 visa will simply make the investment, and the Regional Center will either directly or indirectly create the required 10 U.S. jobs.
  • Direct Investment - You can direct invest the necessary funds to qualify for an investor visa if you are an entrepreneur or have a specific business idea in mind as long as it creates 10 U.S. jobs.

Do I need an EB-5 Lawyer to Get a Visa?

The EB-5 visa process is complex, and it is strongly recommended that investors seek the help of a qualified immigration lawyer. At J&K Law, we have experience helping clients obtain EB-5 visas, and we can help you navigate the process and ensure that you meet all the requirements.

To learn more about how you can get an EB-5 visa, don't hesitate to contact us today through our online contact form, or give us a call at (212) 390-1024 today!