EB-5 Visa
The EB-5 Visa, also known as the Immigrant Investor Program, is an employment-based, fifth-preference immigrant visa that allows foreign investors to obtain a green card and permanent residency in the United States by making a qualifying investment in a U.S. business that creates jobs. This program is designed to stimulate the U.S. economy through job creation and capital investment by foreign nationals.
Key Categories of the EB-5 Visa
Partnering with Glocal ensures you benefit from our extensive expertise in U.S. immigration law and investment strategies, maximizing your chances of a successful EB-5 Visa application. Whether you are seeking to invest directly or through a Regional Center, we are here to help you achieve your U.S. immigration and investment objectives.
Investment Requirements
- Minimum Investment Amount: Investors must make a minimum investment of $1.8 million in a new commercial enterprise. This amount is reduced to $900,000 if the investment is made in a Targeted Employment Area (TEA), which includes rural areas or areas with high unemployment.
- At-Risk Investment: The investment must be “at risk,” meaning it is subject to gain or loss based on the enterprise’s performance and cannot be guaranteed.
Job Creation Requirements
- Direct Jobs: The investment must create at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the U.S.
- Indirect Jobs: Investments made through Regional Centers can also count indirect and induced jobs toward the 10-job requirement.
Types of Investments
- Direct Investment: Investors can create their own business or invest directly in a new or existing enterprise, actively managing the business and job creation.
- Regional Center Investment: Investors can invest in a government-approved Regional Center, which pools funds from multiple investors and manages the enterprise, typically involving less direct involvement from the investor.
Conditional Permanent Residency
- Initial Approval: Upon approval of the EB-5 petition, investors and their eligible family members receive conditional green cards valid for two years.
- Conditions Removal: Investors must apply to remove the conditions on their residency by demonstrating compliance with investment and job creation requirements before the two-year period ends.
Benefits of the EB-5 Visa
Permanent Residency
No Sponsorship Required
Flexibility in Living and Working
Eligibility for U.S. Citizenship
Application Process for the EB-5 Visa
File Form I-526
Immigrant Petition by Alien Investor: The investor files Form I-526 with U.S. Citizenship and Immigration Services (USCIS), demonstrating that the investment meets all EB-5 program criteria.
Supporting Documentation: The petition includes evidence of the investment amount, source of funds, business plan, and job creation potential.
Conditional Permanent Residency
Adjustment of Status or Consular Processing: Upon approval of Form I-526, investors and their families can apply for conditional green cards through Form I-485 (if in the U.S.) or consular processing (if outside the U.S.).
Receive Conditional Green Card: Conditional permanent residency is granted for two years, allowing investors to live and work in the U.S.
Remove Conditions (Form I-829)
Petition by Investor to Remove Conditions: Before the end of the two-year period, investors must file Form I-829 to remove the conditions on their residency.
Evidence of Job Creation and Investment Maintenance: Investors must demonstrate that the investment remains at risk and that the required jobs have been created.
Expert Guidance Ensuring Smooth Process
Glocal’s EB-5 Visa Consulting Services
At Glocal, we provide expert EB-5 Visa consulting services to guide investors through the intricate application process. Our services include:
Investment Consultation and Due Diligence
We assist investors in evaluating and selecting suitable investment opportunities, ensuring compliance with EB-5 requirements and alignment with their financial goals.
Document Preparation and Filing
Our team aids in gathering and preparing all necessary documentation and filing Form I-526 and Form I-829.
Business Plan Development
We help create detailed business plans that meet USCIS requirements and demonstrate the viability of the investment.
Regional Center Coordination
For investors choosing Regional Centers, we coordinate with approved centers to ensure a seamless process.
Post-Approval Support
We continue to support our clients after approval, including assistance with condition removal and maintaining permanent residency status.