EB 5 investment is a US visa category designed to provide immigrant investors with a pathway to permanent residency in the United States. Investing in an approved commercial enterprise allows eligible investors to become permanent residents. It also stimulates the United States economy through foreign investment. The visa category has attracted hundreds of thousands of jobs in the U.S. There are a few requirements and best practices that investors should follow to complete an EB-5 visa application.
File an I-526 Petition
The first step in the process is to file an I-526 Petition. Once approved, the immigrant investor will receive a conditional visa for two years. If the investor wishes to receive permanent residency, the immigrant investor must invest in an approved commercial enterprise within two years of receiving the conditional visa. EB-5 applicants should be aware that certain countries have a quota that limits the number of visas that may be issued in that country during a fiscal year. If the quota is reached, applicants in that country will be placed on a waiting list.
Applicants must demonstrate that the business will create at least ten full-time jobs in the U.S:
Applicants who wish to invest in a new commercial enterprise must demonstrate that the business will create at least ten full-time jobs in the U.S. The business may be a partnership, sole proprietorship, corporation, business trust, or other for-profit business in the U.S. The business must have a business plan that clearly describes employees’ needs.
Applicants should have at least $1.8 million available for their investment:
To be eligible for an EB-5 visa, applicants should have at least $1.8 million available for their investment. Investors who do not qualify for the minimum amount can invest up to $900,000. Investors who obtain funds from a third party may be required to provide collateral. The collateral’s value must equal the amount of the loan. Applicants should disclose any previous visa denials or criminal history.
Applicants can also invest in a troubled business to help it to stay afloat:
Applicants can also invest in a troubled business to help it to stay afloat. This type of investment can be risky and require more money than other EB-5 investments. Investors who wish to invest in a troubled business should provide all the necessary financial information to the USCIS. In addition, investors may need to provide a valid business plan describing employees’ needs.