EB-5 Visa - How the U.S. Immigrant Investor Program Works

Expand your entrepreneurship into the highly lucrative U.S. market by investing in a U.S. business. Plus, receive legal authorization to live and work in the United States after making a significant investment. Learn how the EB-5 Immigrant Investor Visa Program works below.

Who Can Apply for an EB-5 Visa?

The EB-5 Immigrant Investor Visa Program was designed specifically for foreign businesspeople who make a significant investment in a U.S. company. This can be a company of any kind located within the United States and its territories; however, the investment must be indeed a significant one that will have a positive impact on the U.S. economy.

The minimum investment required (in USD) is:

● $1,050,000 OR

● $800,000 in a Targeted Employment Area (TEA) that is in a rural and/or high unemployment location.

EB-5 Visa Application Forms

The first form that must be submitted when applying for an EB-5 visa is the petition. There are two types of EB-5 petitions:

● Form I-526—This version of the petition is filed by standalone investors whose investment is deposited directly into the account of a new commercial enterprise located in the United States.

● Form I-526E—This version of the petition is filed when the investment is made in a Regional Center program.

Upon petition approval, the investor must apply for an EB-5 visa. If the investor is applying from outside of the United States, they must apply for the EB-5 visa at a U.S. embassy or consulate and submit Form DS-260 online. If the investor is already inside the United States on a nonimmigrant visa, they must apply to adjust their status from nonimmigrant to immigrant using Form I-485. Petitions may actually be filed concurrently (at the same time with) the I-485 when applying from inside the United States; there is technically no need to wait for petition approval.

How to Remove the Conditions on an EB-5 Visa

EB-5 visas are conditional Green Cards. The conditions on the Green Card remain in place for two years after the visa is issued. To remove the conditions on permanent residency as an EB-5 visa holder, you must file Form I-829 within 90 days of the expiration date of your conditional Green Card.

To learn more about the EB-5 visa, visit the links provided throughout this article.