The search for a better life and new opportunities has led many people to consider immigrating to the United States.
For those with financial resources and entrepreneurship, the EB-5 investor visa may be the ideal solution.
In this article, we will discuss what the investor visa in the USA is, how it works, and how to apply for it, as well as explore the prerequisites and advantages associated with this type of visa. Read on to find out all about it!
What is the EB-5 Investor Visa?
The EB-5 visa is a United States immigration program aimed at foreign investors who wish to reside in the country permanently.
It offers the possibility of obtaining permanent residency (also known as the “Green Card”) for investors, their spouses, and unmarried children under 21 years old.
The idea behind this program is to stimulate the US economy by creating jobs and investing foreign capital.
To be eligible for this type of visa, the investor must invest in a new or existing commercial project in the United States that meets certain requirements.
The minimum investment required is usually US$1.8 million, however, if the investment is made in a targeted employment area (TEA), which is a rural area or one with high unemployment, the minimum investment required is US$900 thousand.
Additionally, the investment project must create at least 10 full-time jobs for qualified American workers within two years after the EB-5 investor visa is granted.
Once these requirements have been met, the investor and their family can qualify for permanent residence in the country.
Find out what the prerequisites are for acquiring EB-5
The EB-5 visa has several requirements that must be met by the foreign investor. Here are the main ones:
- Minimum investment: the person must invest a minimum of US$1.8 million in a new commercial project in the United States. If the investment is made in a Targeted Employment Area (TEA) – a rural area or one with high unemployment – the minimum investment required is reduced to US$900,000;
- Commercial project: the investment must be made in a new or existing company that operates for profit. Passive or merely speculative investments do not qualify for this type of visa;
- Job creation: the investment project must create at least 10 full-time jobs for qualified American workers within a period of two years after the EB-5 visa is granted. The jobs created must be direct (i.e., workers employed directly by the company) or indirect (i.e., jobs created as a result of the investment, but in other companies);
- Source of funds: the person must prove the legitimate origin of the funds invested. This includes salaries, investments, inheritances, property sales, loans or gifts, among other sources;
- Active participation in the business: the person must play an active role in the management of the company or, at the very least, have a policy-making position within the company;
- Compliance with US laws and regulations: the investment and commercial project must comply with all US laws and regulations, including immigration, labor and tax laws.
After meeting these requirements and receiving the EB-5 visa, the investor and their family will obtain conditional permanent resident status for two years.
After this period, if the requirements of the program are still being met, the investor can apply to remove the conditions and obtain permanent residence in the US without restrictions.
Another alternative for obtaining residency rights is through U.S. work visas.
See also: EB2 NIW visa denied? Find out what to do
How to Apply for the EB-5 Investor Visa: Check it Out
There are two ways to apply for the EB-5 visa: by starting a business in the USA or investing in an American company.
Find out more about these two options so you can make the best decision:
Starting a business in the United States
By starting a business in the United States, you can qualify for this type of visa.
To do this, you need to create at least 10 full-time jobs for American workers and invest a minimum of $1.8 million in your business.
However, if the company is located in a rural area or an area of high unemployment, the minimum investment amount is reduced to $900,000.
Investing in an American company
Investing in an American company is the other option for applying for the EB-5 visa.
In this case, the investment must be made in a business that is already in operation, and the amount invested must also be at least $1.8 million or $900,000, depending on the location of the company.
In addition, it is also necessary to ensure that the investment generates at least 10 full-time jobs for American workers.
It is also important to clarify what is considered an investment and what is not.
Accepted investments include the acquisition of shares, bonds and other financial instruments, in addition to direct investment in the company.
On the other hand, loans and guarantees are not considered investments for EB-5 visa purposes.
What are the Advantages of Having the EB-5 Visa?
Here are the advantages of having an EB-5 visa
Access to various jobs
With the EB-5 visa, you can access a vast job market in the United States, offering numerous opportunities in various sectors. Discover some of them in the list of high-demand professions in the USA.
The American economy is one of the largest and most diverse in the world, which means you’ll have plenty of options to explore and grow professionally.
Possibility of obtaining citizenship
The EB-5 visa is also a direct path to obtaining American citizenship.
After obtaining permanent residency and fulfilling the legal requirements, you and your family can apply for US citizenship.
This means that, in addition to the benefits of being a permanent resident, you will also be able to enjoy all the rights and privileges granted to American citizens, such as voting in elections and obtaining an American passport.
Greater freedom
Finally, by obtaining the EB-5 visa, you and your family will have greater freedom to live, work, and study in the United States.
Also check out: benefits of the EB-2 NIW visa
Additionally, as a permanent resident, you will be able to travel to other countries more easily and return to the USA without needing to apply for a new visa for each trip.
How much Does the Investor Visa in the USA Cost?
Although it is not possible to give an exact figure due to the many variables involved, we can offer some general information.
As we have seen, for the EB-5 visa, for example, the minimum investment required is $1.8 million, or $900,000 if the investment is made in a Targeted Employment Area (TEA), which is a rural area or one with high unemployment.
In addition, there are additional costs, such as government taxes, fees and other costs related to the commercial project.
D4U Immigration has a team that handles various types of American visas (immigrant and non-immigrant) for the United States, and we are ready to help you understand and meet the requirements of the investor visa.
Conclusion
The EB-5 investor visa is an excellent option for those who wish to live and invest in the United States, offering the opportunity to obtain permanent residency, access to a vast job market, and even the possibility of becoming an American citizen.
However, the process to obtain this visa can be complex and requires meeting several requirements.
It is essential to have the support of experienced professionals, such as the team at D4U Immigration, to ensure your visa application is successful.
Consult our visa advisory service to find out which one is ideal for you!
