Knowing the EB-5 Visa Requirements Can Make or Break Your Application

EB-5 Visa Requirements Can Make or Break your Application

If it’s always been your dream to immigrate to the United States, an EB-5 immigrant investor visa could be your perfect opportunity – provided you follow all the necessary requirements.

Background of the EB-5 Immigrant Investor Visa

The EB-5 immigrant investor visa was created by Congress to make investing in the US an attractive prospect for potential immigrants, while at the same time creating jobs for American workers. Successful EB-5 investors would also be entitled to apply for a Green Card for US permanent residence. It may sound appealing, but it’s not as easy as simply coughing up the money.

EB-5 Visa Requirements

Below, we’re going to look closer at the specific requirements you will need to fulfill in order to successfully submit your EB-5 visa application.

According to “In general, the investor must meet capital investment amount requirements, job creation requirements, and ensure that the business receiving the investment qualifies for the EB-5 program.

EB-5 visa applicants, their spouse, and their children under 21 will obtain their permanent residency green card once all requirements have been successfully met and approved by the USCIS.”

Requirements for an EB-5 Visa

  • You must establish a business in the United States, or invest in an existing business that was either created or restructured after November 1, 1990.
  • You must invest $1 million capital – or $500,000 in what’s known as a Targeted Employment Area (TEA)
  • Your investment must be put towards a for-profit US commercial entity
  • Your investment must create 10 full-time US jobs for a minimum of two years

Your EB-5 investment can be in the form of cash, cash equivalents, equipment, inventory, tangible property, or secured indebtedness and must be valuated based on the United Stated dollar fair market value.

Required Documentation

When applying for your EB-5 visa, you will also need to provide:

  • Partnership agreements, documents of incorporation, and organizational documents
  • A business plan
  • Evidence of lease agreements for the qualifying business
  • State business licenses (when applicable)
  • Evidence (such as bank statements) that the necessary required amount of capital has been transferred
  • Evidence that investment has resulted in the substantial increase of net worth (again, only if this applies)
  • Documentation that proves the source of the investment is legal and credible
  • Documentation of assets that have been purchased or transferred from abroad for the enterprise in question.
  • A statement of your position or job title, along with a description of duties for your active role in developing the enterprise
  • Evidence you are a corporate officer or a member of the board of corporate officers (if applicable)

Why Hire Us to Help with Your E-B5 Visa Application?

When it comes to investing your money and your time, you want to focus on the business itself, instead of the business of immigrating.  This is where we can help, as we specialize in helping individuals reach their goals by applying our expertise to each immigration case.

Getting started is easy, simply fill out our free immigration assessment form and we will get back to you within 24 hours to discuss if you’re eligible for an EB-5 immigrant investor visa.

Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

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