EB5 Visa: Investor – USCIS Guide

What is an EB5 Visa?

An EB-5 visa is a type of employment-based, fifth preference visa that allows foreign investors to obtain permanent residency in the United States. The EB-5 visa program is designed to encourage foreign investment in the U.S. economy and create jobs for American citizens. To qualify for an EB-5 visa, an individual must make a significant investment in a new commercial enterprise, which can be a business, company, or a project. This investment must meet certain criteria such as the amount, location, and job creation.

The EB-5 visa program has two options: the Direct EB-5 and the Regional Center EB-5. The Direct EB-5 option requires the investor to invest in a new commercial enterprise and create or preserve at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the United States. The investment amount required is $1.8 million or $900,000 if the investment is made in a Targeted Employment Area (TEA), which is a rural area or an area with high unemployment rate.

The Regional Center EB-5 option is for investors who want to invest in a pre-approved Regional Center. A Regional Center is a private entity that has been designated by the United States Citizenship and Immigration Services (USCIS) as a geographic region that is approved to promote economic growth through the EB-5 program. The investment amount is the same as the Direct EB-5 option, but the job creation requirements are more flexible and can be met through indirect job creation.

Who Qualifies for EB5 Visa?

EB-5 visa is a type of employment-based, fifth preference visa that allows foreign investors to obtain permanent residency in the United States. To qualify for an EB-5 visa, an individual must meet certain criteria related to their investment, job creation, and management of the new commercial enterprise.

Investment: To qualify for an EB-5 visa, an individual must make a significant investment in a new commercial enterprise, which can be a business, company, or a project. The investment must be at least $1.8 million or $900,000 if the investment is made in a Targeted Employment Area (TEA), which is a rural area or an area with high unemployment rate.
Job Creation: The EB-5 visa requires the investor to create or preserve at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the United States. This can be done through either Direct EB-5 or Regional Center EB-5 option, the latter being more flexible on this requirement.
Management: The EB-5 investor must be actively involved in the management of the new commercial enterprise, which can be a sole proprietorship, partnership, holding company, joint venture, corporation, or any other legally established business entity.
Background and security checks: The EB-5 investor must pass the required background and security checks as well as other standard immigration procedures.

How to Apply for EB5 Visa?

The EB-5 visa, also known as the “investor visa,” is a United States visa created by the Immigration Act of 1990. It is intended for foreign investors who are willing to invest a substantial amount of money into the U.S. economy, typically through a commercial enterprise or regional center, in exchange for a green card. Here are the basic steps to apply for an EB-5 visa:

Determine eligibility: To be eligible for an EB-5 visa, you must be able to demonstrate that you have invested, or are in the process of investing, at least $1.8 million (or $900,000 if the investment is made in a targeted employment area) in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.
Choose a regional center or direct investment project: You can either invest in a commercial enterprise affiliated with a regional center or directly invest in a new commercial enterprise.
File the I-526 Immigrant Petition: This is the petition that you will file with U.S. Citizenship and Immigration Services (USCIS) to demonstrate that you meet the requirements for an EB-5 visa. You will need to provide documentation of your investment, such as business plans, financial statements, and evidence of job creation.
Wait for the petition to be approved: Once your I-526 petition is approved, you will be able to apply for an EB-5 visa at a U.S. consulate or embassy in your home country.
Apply for your EB-5 Visa: After your I-526 is approved, you will need to complete the application process for the EB-5 Visa at the U.S. embassy or consulate.
Wait for the Visa: After you have completed the application process, you will need to wait for the visa to be processed.

What is the EB5 Visa Interview Process?

The EB-5 visa interview process is the final step in the application process for an EB-5 visa. This interview is conducted by a consular officer at a U.S. embassy or consulate in the applicant’s home country. The purpose of the interview is to verify the information provided in the EB-5 application and to ensure that the applicant is admissible to the United States.

Here’s what you can expect during the EB-5 visa interview process:

Schedule your interview: After your I-526 petition is approved by U.S. Citizenship and Immigration Services (USCIS), you will be able to schedule an interview at a U.S. embassy or consulate. The interview will typically be scheduled within a few months of the petition approval.
Gather your documents: You will need to bring all of the original documents that you submitted with your EB-5 application, as well as any additional documents requested by the consular officer. This may include financial documents, proof of job creation, and evidence of your investment.
Complete the medical examination: If you haven’t already done so, you will need to complete a medical examination before the interview.
Attend the interview: During the interview, the consular officer will ask you questions about your EB-5 application and your background. They will also review your documents to ensure that you meet the requirements for an EB-5 visa.
Wait for the decision: After the interview, the consular officer will review your application and make a decision on your EB-5 visa. If your visa is approved, you will be able to collect your passport and visa and make arrangements to travel to the United States.

What are the Required Documents for EB5 Visa?

The EB-5 visa application process requires a significant amount of documentation to demonstrate that the applicant meets the requirements for the visa. The specific documents required will vary depending on the individual’s circumstances, but here is a general list of the types of documents that may be required for an EB-5 visa application:

Proof of investment: You will need to provide documentation to demonstrate that you have invested, or are in the process of investing, the required amount of money into a new commercial enterprise. This may include financial statements, business plans, and evidence of the investment.
Job creation documentation: You will need to provide documentation to show that your investment has created or will create at least 10 full-time jobs for U.S. workers. This may include payroll records, employment agreements, and economic reports.
Personal documents: You will need to provide personal documents such as a valid passport, birth certificate, and police clearance certificate.
Educational and professional qualifications: You will need to provide documentation of your educational and professional qualifications, such as diplomas and certificates of completion, and copies of your professional licenses.
Proof of financial support: You will need to provide documentation to demonstrate that you have enough money to support yourself and your family during your stay in the United States. This may include bank statements and other financial documents.
Proof of medical examination: You will need to provide the results of a medical examination, which must be completed by a physician authorized by the U.S. embassy or consulate.
Interview documents: Some embassies and consulates may require additional documents to be brought to the interview, such as proof of payment of the visa application fee, copy of I-526 approval notice, and other documents relevant to the case.

What is the EB5 Visa Fee?

The EB-5 visa, also known as the “investor visa,” has several fees associated with the application process. These fees include:

I-526 Petition fee: This is the fee for filing the Immigrant Petition by Alien Entrepreneur, which is the first step in the EB-5 visa application process. As of 2021, the I-526 petition fee is $3,675 for the main applicant and $3,675 for each dependent.
I-485 fee: This is the fee for filing the Application to Register Permanent Residence or Adjust Status, which is the second step in the EB-5 visa application process. As of 2021, the I-485 fee is $1,130 for the main applicant and $1,130 for each dependent.
Visa application fee: This fee is paid when the applicant is scheduled for an interview at a U.S. embassy or consulate. The visa application fee is $325 for the main applicant and $325 for each dependent.
Fraud prevention and detection fee: This fee is paid when filing the I-526 petition and is $500 for the main applicant and each dependent.
Biometrics fee: This fee is paid when filing the I-485 and is $85 for the main applicant and each dependent.
Premium Processing fee: This is an optional fee that can be paid to expedite the processing time of I-526 petition. As of 2021, the premium processing fee is $2,500

What is the EB5 Visa Processing Time?

The EB-5 visa, also known as the “investor visa,” has a processing time that can vary depending on several factors. The processing time for the EB-5 visa includes the time it takes to file the I-526 petition and the time it takes to complete the visa interview process.

I-526 petition processing time: The processing time for the I-526 petition can vary depending on the workload of U.S. Citizenship and Immigration Services (USCIS) and the complexity of the case. As of 2021, the processing time for the I-526 petition is approximately 12 to 18 months, but it can take longer.
Visa interview processing time: Once the I-526 petition is approved, the applicant will need to schedule an interview at a U.S. embassy or consulate. The processing time for the visa interview can vary depending on the workload of the embassy or consulate and the applicant’s individual circumstances. As of 2021, the processing time for the visa interview is approximately 3 to 6 months.

EB5 Visa Frequently Asked Questions

What is the minimum investment required for an EB-5 visa?
A: The minimum investment required for an EB-5 visa is $1.8 million (or $900,000 if the investment is made in a targeted employment area).
How long does the EB-5 visa process take?
A: The EB-5 visa process can take several months or even years. The processing time for the I-526 petition is approximately 12 to 18 months, and the processing time for the visa interview is approximately 3 to 6 months.
How many jobs must be created by the EB-5 investment?
A: An EB-5 investment must create at least 10 full-time jobs for U.S. workers.
Can I use a loan for my EB-5 investment?
A: Yes, you can use a loan for your EB-5 investment as long as the loan is secured by assets that you own, and the loan is not from any prohibited sources such as a regional center or a U.S. government agency.
Can I apply for the EB-5 visa while I am in the United States?
A: No, you must apply for the EB-5 visa while you are outside the United States. Once the EB-5 visa is issued, you will be able to enter the United States as a permanent resident.
Can I bring my family with me on the EB-5 visa?
A: Yes, you can bring your spouse and unmarried children under 21 years of age with you on the EB-5 visa.
Can I work or study in the United States on the EB-5 visa?
A: Yes, you can work and study in the United States on the EB-5 visa.
Is EB-5 visa subject to quotas?
A: Yes, the EB-5 visa is subject to quotas and waits for a number of years for certain countries.
Can I renew my EB-5 visa?
A: No, EB-5 visa is a conditional green card which means that it is valid for two years. Before the two-year expiration, you must file to remove the condition. Once the conditions are removed, you will be issued a permanent green card which is valid for 10 years.