The EB-5 Visa offers unique opportunities for individuals and families wishing to live in the United States. Through a specific investment in the U.S. economy, you can set a path toward becoming a permanent resident. At D’Alessio Law Group, we provide comprehensive guidance to streamline your application process, helping you understand the requirements and preparing all the necessary documentation to support your journey toward achieving your American dream.
What Is an EB-5 Visa?
An EB-5 Visa is a United States visa that allows eligible Immigrant Investors to become lawful permanent residents—commonly known as green card holders—by investing in U.S. businesses. To qualify, you must invest a minimum amount that typically varies by project location, with $1,050,000 being the standard and a reduced rate of $800,000 for targeted employment areas. This program is designed to boost the U.S. economy through job creation and capital investment by foreign investors. It opens a pathway for you and your family to live, work, and study anywhere in the United States.
Requirements for the EB-5 Visa
To qualify for an EB-5 Visa, you must meet several key requirements:
- Investment Amount: Invest at least $1,050,000, or $800,000 in a Targeted Employment Area (TEA) that is either rural or has high unemployment.
- Job Creation: Create or preserve at least ten full-time jobs for U.S. workers. These jobs must be maintained for a minimum of two years and cannot include positions filled by yourself or your immediate family.
- Type of Investment: Your capital must be invested in a new commercial enterprise or through a regional center project. Regional centers are designated entities that manage investments in job-creating projects, simplifying the process for investors.
These requirements are designed to ensure your investment contributes effectively to the U.S. economy.
The Application Process
Navigating the EB-5 Visa application process involves several critical steps:
- Initial Consultation: Consult with an experienced immigration attorney to ensure you meet the eligibility criteria and understand the investment requirements.
- Choose an Investment: Select an appropriate EB-5 project, either directly in a business or through a regional center, ensuring it qualifies under USCIS guidelines.
- File Form I-526: Submit the Immigrant Petition by Alien Investor (Form I-526), demonstrating your investment and job creation plans.
- Conditional Green Card: Once approved, you receive a conditional green card, allowing you to live and work in the U.S. for two years.
- File Form I-829: After two years, file Form I-829 to remove conditions on your residency, proving job creation and sustained investment.
Permanent Residency and Citizenship
Achieving permanent residency through the EB-5 Visa program is a significant step toward U.S. citizenship. Initially, you will receive a conditional green card valid for two years, allowing you and your immediate family to live, work, and study in the U.S. Before the two-year anniversary of your green card, you must apply to remove the conditions on your residency, demonstrating that your investment has fulfilled all requirements, including the creation of necessary jobs. Once you have maintained permanent residency for five years, you can apply for U.S. citizenship through naturalization, assuming you meet all other criteria, such as continuous residence and moral character. This pathway provides a structured route from investment to citizenship.
Contact an Experienced Beverly Hills EB-5 Visa Attorney
At D’Alessio Law Group, we guide you through each step of the EB-5 Visa process, from selecting the right investment to filing necessary petitions. Our dedicated team ensures your application meets all legal requirements to secure your U.S. residency. Contact us today to discuss your EB-5 Visa options and how we can help you secure your future in the United States.
