What does EB5 mean?
It stands for Employment based 5th category. Under the U.S. immigration law, there are five different categories of immigrating through employment-
Immigration Opportunities for Foreign Investors
Prior to the Immigration Act of 1990, a foreign national could not qualify for permanent immigration to the United States based upon an investment, no matter how large. Presently, 10,000 immigrant (permanent) visas per year are available to foreign investors and their family members.
What is the minimum amount of investment required?
The minimum amount of investment is $1 million for a direct EB5. See more
Must the entire amount of the investment be made at the time of filing an EB-5 petition?
Most approved EB-5 investors have invested the full $1,000,000 at the time of application.
Are there any restrictions on the types of businesses in which the investment must be made?
The investment must be in a "new commercial enterprise" in the United States. "New" means that the investment must have been made after November 29, 1990.
Must the investment result in the creation of employment for U.S. workers?
The investment must create full-time employment for at least 10 U.S. citizens. The required 10 positions cannot include the investor or the investor’s spouse or children. The EB-5 petition must document that the required 10 jobs will be created within a 2 year period immediately following the approval of the EB-5 petition.
Do all family members get conditional permanent residence status at the same time?
The investor, his or her spouse and any unmarried, under 21 year old children can obtain permanent residence at the same time and through a single investment of the mother or father.
Is the investor free to travel after obtaining conditional permanent resident status?
The investor is free to travel in and out of the United States subject to the rules generally applicable to permanent residents.
Where is the application filed?
Form I-526 is filed with the USCIS. The application for conditional permanent residence is filed with USCIS if the investor is in the U.S.. or through the National Visa Center if the investor will be outside of the U.S. and attending an interview at the U.S. Consulate in the home country.
What is the timing of this process?
The I-526 petition is generally reviewed within three to six months.
What documentation must be presented to prove that the investor's funds came from a lawful source?
Generally, the investor will present some combination of individual and/or business tax returns, employment records, documentation regarding sale of or dividends from a business, documentation regarding gifts or inheritance, and documentation regarding securities or real estate transactions.
Can all of the invested funds be a gift?
Yes. However, in that case, the person giving the gift must prove the lawful source of the gifted funds.
Permanent resident status (Green Card) has many benefits.
The investor can work in any employment he desires.
He can get social security upon retirement.
It makes international travel simpler, as an I-94 is no longer required upon entering the country.
It allows foreign national homeowners to get tax savings.
Becoming a permanent resident gives the Green Card holder all the rights and benefits of American citizenship except voting rights.
If the investor desires, permanent residents can apply for citizenship after five years.
Every fiscal year (October 1st – September 30th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law.
Employment based immigrant visas are divided into five preference categories.
Below we will explain the visa application process for Employment Fifth Preference (E5) Immigrant Investors, also called Immigrant Entrepreneurs.
E5 investors receive up to 7.1 percent of all employment based immigrant visas issued worldwide each year.
To qualify as an immigrant investor, a foreign national must invest, without borrowing, the following minimum qualifying capital dollar amounts in a qualifying commercial enterprise:
$1,000,000 (U.S.); or
$500,000 (U.S.) in a high-unemployment or rural area, considered a targeted employment area.
A qualifying investment must, within two years, create full-time jobs for at least 10 U.S. citizens, lawful permanent residents, or other immigrants authorized to work in the United States, not including the investor and the investor’s spouse, sons, or daughters.
Immigrant investor visa categories are:
Employment creation outside a targeted area – C5
Employment creation in a targeted rural/high unemployment area – T5
Investor Pilot Program not in a targeted area – R5
Investor Pilot Program in a targeted area – I5
The First Step: File a Petition
To be considered for an E5 immigrant investor visa, an applicant must file Form I-526, Immigrant Petition by Alien Entrepreneur, with U.S. Citizenship and Immigration Services (USCIS).
Labor certification is not required for immigrant investors.
The Form I-526 petition must be approved by the USCIS before applying for an immigrant visa at a U.S. Embassy or Consulate outside the United States.
Next Steps – Fees and Visa Application
After USCIS approves the petition, it is sent to the National Visa Center (NVC). Once received, the NVC will assign a case number for the petition. When an applicant’s priority date meets the most recent qualifying date, the NVC will instruct the applicant to complete Form DS-261, Choice of Address and Agent. (NOTE: If you already have an attorney, the NVC will not instruct you to complete Form DS-261.) The NVC will begin pre-processing the applicant’s case by providing the applicant with instructions to submit the appropriate fees. After the appropriate fees are paid, the NVC will request that the applicant submit the necessary immigrant visa documents, including application forms, civil documents, and more. Learn more about National Visa Center visa case processing.
Can My Family Members also Receive Immigrant Visas?
Based on your approved petition, your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you. Like you, they must also fill out required application forms, obtain required civil documents, pay the required fees, and undergo medical examinations. Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS. For further information, please see ourFAQ’s.
Immigrant investor visas are issued in the chronological order in which the petitions were filed until the annual numerical limit for the category is reached. The filing date of a petition becomes the applicant's priority date. Immigrant visas cannot be issued until an applicant's priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the Visa Bulletin for the latest priority dates.
Fees are charged for the following services:
Filing of Form I-526, Immigrant Petition by Alien Entrepreneur (this fee is charged by USCIS)
Processing an immigrant visa application, Form DS-260 (see Note below)
Medical examination and required vaccinations (costs vary)
Other costs may include: translations; photocopying charges; fees for obtaining the documents you need for the immigrant visa application (such as passport, police certificates, birth certificates, etc.); and expenses for travel to the U.S. Embassy or Consulate for your visa interview. Costs vary from country to country and case to case.
Note: Fees must be paid for each intending immigrant, regardless of age, and are not refundable.
Fees should not be paid to the NVC or paid at the U.S. Embassy or Consulate where you have your visa interview unless specifically requested. Applicants will be provided with instructions by the NVC on where and when to pay the appropriate fees. Do not send payments to the NVC’s address in Portsmouth, New Hampshire.
In general, the following documents are required:
Passport(s) valid for 60 days beyond the expiration date printed on the immigrant visa
Form DS-260, Immigrant Visa and Alien Registration Application.
Preview a sample DS-260 (6.4MB).
Two (2) 2x2 photographs. See the required photo format explained in Photograph Requirements.
Civil Documents for the applicant. See Documents the Applicant Must Submit for more specific information about documentation requirements, including information on which documents may need to be translated. The consular officer may ask for more information during your visa interview. Bring your original civil documents
or certified copies) such as birth and marriage certificates, as well as legible photocopies of the original civil documents, and any required translations to your immigrant visa interview. Original documents and translations can then be returned to you.
Financial Support – At your immigrant visa interview, you must demonstrate to the consular officer that you will not become a public charge in the United States.
Completed Medical Examination Forms – These are provided by the panel physician after you have completed your medical examination and vaccinations (see below).
Once the NVC determines the file is complete with all the required documents, they schedule the applicant’s interview appointment.
NVC then sends the file, containing the applicant’s petition and the documents listed above, to the U.S. Embassy or Consulate where the applicant will be interviewed for a visa.
The applicant, attorney, and third-party agent, if applicable, will receive appointment emails, or letters (if no email address is available), containing the date and time of the applicant's visa interview along with instructions, including guidance for obtaining a medical examination.
Each applicant should bring a valid passport to the interview, as well as any other documentation above not already provided to the NVC.
A consular officer will interview the applicant, and the consular officer will determine whether the applicant is eligible to receive an immigrant visa in accordance with U.S. immigration law.
Ink-free, digital fingerprint scans will be taken on the day of the interview.
Generally, an applicant receives original civil documents and original translations back at the time of interview.
Medical Examinations and Vaccinations
Important Notice: In preparing for your interview, you will need to schedule and complete your medical examination and any required vaccinations before your visa interview.
Before an immigrant visa can be issued, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician.
NVC provides applicants instructions regarding medical examinations, including information on authorized panel physicians.
U.S. immigration law requires immigrant visa applicants to obtain certain vaccinations prior to the issuance of immigrant visas. See Vaccination Requirements for IV Applicants for the list of required vaccinations and additional information.
How Long Does It Take?
Employment based immigrant investor visa cases take additional time because they are in numerically limited visa categories. The length of time varies from case to case and cannot be predicted for individual cases with any accuracy. Some cases are delayed because applicants do not follow instructions carefully. Some visa applications require further administrative processing, which takes additional time after the consular officer interviews the applicant.
Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities include: drug trafficking;
overstaying a previous visa;
submitting fraudulent documents.
If you are ineligible for a visa, you will be informed by the consular officer and advised whether there is a waiver of the ineligibility available to you and what the waiver process is. Ineligibilities and Waiver Laws contains the complete list of ineligibilities.
Misrepresentation of Material Facts or Fraud
Attempting to obtain a visa by the willful misrepresentation of a material fact or fraud may result in you becoming permanently ineligible to receive a U.S. visa or enter the United States.
When You Have Your Immigrant Visa - What You Should Know
If you are issued an immigrant visa, the consular officer will give you your passport containing the immigrant visa and a sealed packet containing the documents which you provided. It is important that you do not open the sealed packet. Only the U.S. immigration official should open this packet when you enter the United States.
You are required to enter the U.S. before the expiration date printed on your visa.
When traveling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas.
USCIS Immigrant Fee - You must pay the USCIS Immigrant Fee to U.S. Citizenship and Immigration Services (USCIS) after you receive your immigrant visa and before you travel to the United States. Select USCIS Immigrant Fee on the USCIS website for more information.
Important Notice: USCIS will not issue a Permanent Resident Card (Form I-551 or Green Card) until you have paid the fee.
Entering the U.S.: Port-of-Entry
A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the United States. Applicants should be aware that a visa does not guarantee entry into the United States.
The DHS, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. Travelers should review important information about admissions and entry requirements on the CBP website under Travel.
Once you have paid the USCIS Immigrant Fee (explained above) and have been admitted to the United States as a permanent resident, your Permanent Resident Card, Form I-551 (formerly called Alien Registration Card, also known as a green card) will be mailed to you.
How to Apply for a Social Security Number Card
If you elected on your immigrant visa application form to receive your Social Security Number Card upon admission to the United States as an immigrant, your card will be sent by mail to the U.S. address you designated on your application form and should arrive approximately six weeks following your admission.
If you did not elect to receive your Social Security Number Card automatically, you will have to apply to be issued a card following your arrival in the United States.
Immigrant visa applicants should not make any final travel arrangements, dispose of property, or give up jobs until and unless visas are issued.
Some visa applications require:
further administrative processing, which takes additional time after the visa applicant's interview. An immigrant visa is generally valid for six months from the issuance date.
USCIS changes things from time to time. We will be happy to provide you with the latest when you contact us.
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