What is the EB-5 Visa, and is it right for me?

The EB-5 Visa is created to attract foreign capital to help the domestic economy. USCIS has a cap of 10,000 EB-5 a year, keeping in mind that there are also 3,000 EB-5 aside for investors in Regional Centers that USCIS identifies.

U.S. Offers investors that want to apply for an EB-5 two pathways to achieve it: The Basic Program and the Regional Center Program. Both programs require the applicant to invest between $500,000.00 and $1,000,000.00, Depending on the investment type.

In order for an applicant to qualify for an EB-5 visa, the applicant must:

  • Invest $1 Million in either a new or existing U.S. business or commercial enterprise that will create at least ten full-time U.S. jobs, or
  • Invest $500,00 in a new or existing U.S. business or commercial enterprise that is in either a rural area or an area with a high unemployment rate or,
  • invest in a U.S. Government designated Regional Center and
  • Prove that the investment will somehow benefit the U.S. economy
EB-5 Visa Advantages
  • Not required to submit PERM labor certification. In other words, you do not need to demonstrate that there is a shortage of domestic (U.S.) workers to perform that job.
  • Not required to have a permanent job offer in the U.S.
  • Not required to maintain an existing home-country business. You are permitted to close your business in your home country and still acquire your green card. Compared to the EB-1C category, which requires you to maintain business operations, the EB-5 is usually preferred.
  • No need to demonstrate extraordinary ability.
Disadvantages of EB-5 Category
  • Large upfront investment. The EB-5 category requires a substantial upfront investment to meet the eligibility criteria. Both programs require the immigrant to make a capital investment of either $500,000 or $1,000,000. This sum does not include the additional costs associated with filing (i.e., attorney fees, time investment, etc.)
    • Financial risks. Substantial investments like the ones required on EB-5 come with elevated risks and challenges. As an investor, that’s an inherent disadvantage, but it typically goes without saying.
    • After two years of the regional center running the business, you receive LPR status. When you elect for the EB-5 category, you simultaneously receive conditional permanent resident status. When you accept this status, you also relinquish any prior nonimmigrant status.
the right choice for your EB-5.

When it comes to serious financial decisions, you must go to the experts; we have the knowledge, experience, and resources to help you start, expand or acquire the venture opportunities you are looking for in the United States. Our attorneys are experts in EB-5 Visas and can help you make the most of your investment in the U.S.