The Basics of an EB5 Investor Visa

The United States has long invited investors and entrepreneurs from other countries who would like to establish themselves in the United States, bring more jobs to the country, and contribute to the economy. For these reasons, the EB5 Investor Program was initiated. The EB5 Investor Visa program was originally established by Congress in 1990 to stimulate the United States economy with the use of investors from foreign countries. If you have a business or you are an investor looking to start a business in the United States, you and your family members may be eligible for EB5 status. However, it is best that you consult with an immigration attorney to ensure you qualify. Further, it’s essential that you complete your paperwork correctly.

The Required Investment Value

EB5 status is only granted to investors who are willing to contribute $500,000 to $1 million in investments in United States commercial companies. This investment can take many forms and does not strictly require cash. For example, you could invest in inventory, secured indebtedness, tangible property, cash equivalency, or equipment.

You can reduce your capital requirement to $500,000 if your investment is made in an entity that has been targeted for employment, such as in a city with a high unemployment rate or a rural region of the United States.

You Must Create Jobs

Another requirement of the EB5 visa is that you create a minimum of ten full-time positions for United States workers, not workers from your country. The jobs must be established within two years of starting your residency.

How Do I Receive an EB5 Visa?

You will start with filing your Immigrant Petition by Alien Entrepreneur with supporting documentation.

There are only an approximate 10,000 EB5 visas set aside per year, and not all those visas are granted or utilized. However, these numbers include more than just the investor. Therefore, these figures are set aside for the investor, their family, and any children under the age of 21.

Essentially, an investor with a family of five could consume five EB5 visas alone. So, 10,000 investors are unlikely to enter the United States once family members are approved and consume the quota.

There are also per country limitations on how many investors can come into the United States on an EB5 from a particular country. The process for requesting an EB5 visa is quite extensive and complicated. You can contact an attorney from Udall Shumway, PLC to assist you.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding EB5 Investor Visa, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.