EB-5 Visa

EB-5 Visa Program

The EB-5 visa program, often known as the “Million Dollar Green Card,” offers a pathway for individuals seeking permanent residency in the United States through investment. This option, designed under the Immigrant Investor Program, is particularly attractive for entrepreneurs and businesspersons looking to establish themselves in the U.S. market. The EB-5 investor visa presents a compelling opportunity to expedite the immigration process for those with substantial financial resources or assets.

Requirements

To qualify for the EB-5 visa, applicants must meet specific criteria:

Capital Investment: Investors are required to meet the capital investment thresholds, typically set at $800,000 to $1,050,000 for a U.S. commercial enterprise.
Job Creation: A minimum of ten full-time positions for qualifying employees must be created as a result of the investment.
Eligible Business: The business receiving the investment must meet the eligibility criteria outlined by the EB-5 program.

Application Process

For applicants currently residing in the United States who meet the criteria for an EB-5 immigrant investor visa, the application involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, to pursue a Green Card without leaving the country. This can only be done after USCIS has approved Form I-526, Immigrant Petition by Alien Entrepreneur, and a visa becomes immediately available.

Documents Required for Principal Applicant

The principal applicant, as an EB-5 immigrant investor, must submit the following documentation and evidence when applying for a Green Card while already present in the United States:

Form I-485, Application to Register Permanent Residence or Adjust Status.
Copy of Form I-797, Approval Notice, for the Form I-526 petition.
Two passport-style photographs.
Copy of government-issued identity document with photograph.
Birth certificate copy.
Copy of passport page with nonimmigrant visa (if applicable).
Copy of passport page with admission or parole stamp (if applicable).
Copy of Form I-94, Arrival/Departure Record, or CBP admission or parole stamp (if applicable).
Evidence of continuous maintenance of lawful status in the U.S.
Form I-693, Report of Medical Examination and Vaccination Record.
Certified police and court records of criminal charges, arrests, or convictions (if applicable).
Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable).
Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable).
Documentation related to J-1 or J-2 nonimmigrant status (if applicable), including compliance with or waiver of the 2-year foreign residence requirement.
For A, G, or E nonimmigrant status holders, include Form I-508, Request for Waiver of Certain Rights, Privileges, Exemptions, and Immunities.
Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (only if you have A, G, or NATO nonimmigrant status).
Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (if applicable).