US Immigration Lawyers London

EB5 – Employment-Based Immigrants

EB5 Visa

The EB5 category of employment-based immigration provides a pathway for foreign investors seeking permanent residency in the United States. This category is designed to stimulate economic growth by attracting foreign capital and creating jobs for American workers.

EB5 Investment Options:

  1. Standard Investment: Investors must invest a minimum of $1.8 million in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers within two years.
  2. Targeted Employment Area (TEA) Investment: If the investment is made in a rural area or a region with high unemployment, the minimum investment requirement is reduced to $900,000.
  3. Regional Center Program: Investors can pool their funds into government-designated Regional Centers, which manage investment projects that create jobs directly or indirectly. This program offers more flexibility in meeting job creation requirements.

Application Process:

  • Filing Form I-526: Investors must submit Form I-526, Immigrant Petition by Alien Investor, along with evidence that the investment meets program requirements.
  • Conditional Permanent Residency: Upon approval of the I-526 petition, investors and their eligible family members receive a two-year conditional green card.
  • Filing Form I-829: To remove conditions on residency, investors must file Form I-829 within 90 days before the two-year period ends, demonstrating that job creation and investment requirements have been met.

Benefits of EB5:

  • Provides a direct path to a green card for investors and their immediate family members.
  • Does not require a job offer or labor certification.
  • Offers flexibility in choosing investment projects and locations.
  • Contributes to U.S. economic development by fostering job creation and capital investment.

Conclusion:

The EB5 visa program serves as a valuable mechanism for driving economic growth while providing foreign investors with an opportunity to obtain U.S. permanent residency. By investing in job-creating enterprises, EB5 applicants contribute to the U.S. economy while securing a future for themselves and their families in the United States.

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