Employment-Based Immigration EB-5
The EB-5 visa is an employment based fifth preference visa that allows foreign investors and their families to obtain lawful permanent resident status in the United States by investing in the U.S. economy.
Read about Frequently Asked Questions below.
Case Approvals
General Process
Qualifications: Investors physically present in the U.S. on valid nonimmigrant visa OR foreign nationals along with spouses and unmarried children
Eligibility: Meets certain investment quantity and job creation requirements
Minimum Investment:
TEA (Targeted Employment Area): $800,000
Non-TEA: $1,050,000
Petition: Self Petition (Investor)
1. Filing the I-526 Petition – Files form I-526 (Immigrant Petition by Standalone Investor) or Form I-526E (Immigrant Petition by Regional Center Investor)
2. USCIS Processing – Once filed, the petition is reviewed and wait for an immigrant Visa to be available for you
Concurrent Filing I-485 Petition – If immigrant visa is immediately available to you (you are present in the United States), File Form I-485 (Adjustment of Status)
3. Consular Processing & File DS-260 – (for Investors outside of the U.S.) Attend Consulate/Embassy interview and File DS-260 Application (Immigrant Visa and Alien Registration) to obtain EB-5 visa abroad to seek admission to the United States. *THIS FORM IS FILED AFTER I-526 or I-526E PETITION IS APPROVED*
- Sustain Investment/Investor's capital for at least two years and Job Creation (10)
5. Filing the I-829 Petition – File Form I-829 to remove conditions on Permanent Residency
FAQ
What is a TEA?
A Targeted Employment Area is a sector with a high unemployment rate.
What does "at risk" mean?
The invested funds must be placed at risk for potential loss, so investor may not receive any of the funds if project was not successful.
Can my investment be a loan or gift?
Yes, but must be a lawful transaction.
What qualifies as a full-time employee?
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A full-time employee works at least 35 hours per week
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A U.S. citizen, Lawful Permanent Resident, or Work authorization (visa)
What is Regional Center?
A Regional Center is a USCIS-approved entity that focuses on promoting economic growth to fund projects and create jobs within designated are from EB-5 investors.