WHO IS ELIGIBLE?
To qualify for the EB-5 program, a foreign investor must make a minimum capital investment into a “new commercial enterprise” that creates and/or preserves permanent full-time employment for at least 10 qualified U.S. workers.
You may be eligible to be classified as an EB-5 Immigrant Investor if:
- You invest in a “new commercial enterprise” – any for-profit activity formed for the ongoing conduct of lawful business that was either:
- Established after Nov. 29, 1990, or
- Established on or before Nov. 29, 1990, and is:
- Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
- Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs;
- Your investment creates and/or preserves at least 10 full-time positions for qualified U.S. workers; and
- You invest the minimum amount of capital required for the location where the commercial enterprise will be principally doing business or creating jobs ($1 million generally, and $500,000 for rural areas and areas of high unemployment).
Please contact us if you have questions about the EB-5 Visa Immigrant Investor Program.
HOW TO APPLY
To begin the petition process for the EB-5 immigrant visa you must:
- Complete the Form I-526, Immigrant Petition by Alien Entrepreneur: Review the form instructions for directions on completing the Form I-526
- Submit the Filing Fee(s): Include the appropriate filing fee with the Form I-526 and biometric services fee (if applicable). Refer to the Form I-526 instructions
- Submit Evidence: Include all required initial evidence and supporting documentation for the Form I-526. General tips for EB-5 evidence
- Sign and File the Form I-526: File the petition at the correct filing location according to form instructions.
WHAT HAPPENS AFTER YOU APPLY
Once USCIS accepts your properly-filed Form I-526, we will process your petition and then you will receive a notice of a decision in writing. If approved, you can continue the process.
Upon approval of your Form I-526 petition:
- If you are within the United States, file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to a conditional permanent resident within the United States; or
- If you are outside the United States, file DS-260, Immigrant Visa and Alien Registration Application, with the U.S. Department of State to obtain a visa for admission to the United States.
If the I-485 application is approved, or upon entry into the United States with an EB-5 immigrant visa, you and your derivative family members will be granted conditional permanent residence status for a two-year period.
You will have to file a Form I-829 to remove the conditions on your permanent residence status 90 days prior to your two-year anniversary of being granted conditional permanent residence.