Immigrant Visa EB5
The EB5 visa is an employment-based immigrant visa, classified as a fifth preference visa, for investors. The EB-5 categorizes a foreign national as an investor if they invest capital in a for-profit commercial enterprise in the U.S. that creates at least 10 full-time jobs. The EB-5 is classified as follows:
Capital
Cash, equipment, inventory, and other assets, valued at market price
Commercial Enterprise
A legally formed profit-seeking activity intended for ongoing business operations.
Full-Time Employment
A position that requires a minimum of 35 working hours per week.
High Employment Area
An area with an unemployment rate significantly lower than the national average
Investment
Contribution of capital.
Qualified Employee
A U.S. citizen or an immigrant legally authorized to work.
FAQS
Applicants for the EB-5 visa must create at least 10 full-time jobs for U.S. workers as a direct result of the investment. These jobs must be created within two years following the grant of the conditional visa.
The initial EB-5 visa grants conditional resident status for a period of two years. During this time, investors must demonstrate that they have met the investment and job creation requirements before they can apply for permanent residency.
Yes, the spouses and unmarried children under the age of 21 of EB-5 investors may apply for visas along with the principal applicant as derivative beneficiaries. This allows them to obtain the same conditional resident status and subsequently permanent residency along with the principal investor.
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