The EB-5 visa is an immigrant visa designed for investors and entrepreneurs. To obtain an EB-5 visa, you must invest in a U.S. company and create jobs for American workers. This visa also provides green cards for you, your spouse, and your children.

Benefits of an EB-5 Visa

The EB-5 visa offers several advantages:

• It leads to U.S. permanent residency and, eventually, the path to U.S. citizenship.
• Your spouse and unmarried children under 21 can also obtain green cards.
• Your children gain access to U.S. education.
• You are not bound to work for a specific sponsor company and can work in any lawful capacity.
• You have the freedom to live and work anywhere in the United States without requiring special work authorization.

Requirements for an EB-5 Visa

To qualify for an EB-5 visa:

• Invest in a “new commercial enterprise.”
• Invest a minimum of $1,800,000 (or $900,000 in a targeted employment area).
• Create at least 10 full-time jobs for U.S. workers.
• Ensure your investment funds are “at risk” and lawfully obtained.
• Engage in the management of the new commercial enterprise.

Types of Businesses Eligible for EB-5 Investment

Most business entities qualify for the EB-5 visa, including cash, inventory, equipment, cash equivalents, tangible property, proceeds from a loan, and more. If using loan funds, the loan should be secured by your personal assets, and you should be primarily responsible for it.

“At Risk” Investment

Your EB-5 investment must remain “at risk” until you obtain unconditional permanent residency. This means your investment funds must be actively used, not merely held in a business account. Your investment should be subject to gain or loss, without guarantees of return or redemption. Funds must resemble an investment rather than a loan to the enterprise and cannot remain dormant in a bank account.

The EB-5 visa process involves several key steps:

• Hiring an experienced immigration attorney to guide you.
• Selecting an EB-5 investment, conducting due diligence, and considering advice from financial experts.
• Investing your capital into the new commercial enterprise, with proof of intent to invest.
• Filing the Form I-526, the initial EB-5 petition, on your behalf.
• Either adjusting status in the U.S. or undergoing consular processing based on your location.
• Filing the Form I-829 after 21 months to remove conditions from your green card.
• Optional naturalization after being a permanent resident for at least 5 years.

Potential EB-5 Program Changes

The EB-5 program has faced criticism, leading to potential changes such as increasing the required investment amount, reducing targeted employment areas, and increasing regional center oversight. While no final decisions have been made, these changes are expected to occur.

Job Creation Requirement

Each EB-5 investment must create a minimum of 10 full-time jobs. These jobs should last at least 2 years and cannot be seasonal, temporary, or intermittent. Qualifying employees include U.S. citizens, permanent residents, and authorized immigrants.

Existing Business and Job Creation

Purchasing an existing business does not count toward the 10-job requirement. You must create 10 new full-time jobs in addition to those existing at the time of purchase, with exceptions for troubled businesses.

Engagement in Enterprise Management

To meet EB-5 visa requirements, you must actively engage in the management of the new commercial enterprise, either by forming policies or handling day-to-day management. Passive investment is not allowed.

Role of an Immigration Lawyer

An immigration lawyer’s role is to oversee the EB-5 process, assess whether the EB-5 visa aligns with your goals, guide you through the process, ensure compliance with immigration requirements, prepare documentation, and respond to USCIS requests for evidence. They do not offer financial or investment advice but assist in ensuring your investment meets EB-5 visa requirements.