Guide to an EB-5 Visa

1
Guide to an EB-5 Visa

• Introduction to an
• an EB-5 Application

Immigration Attorney Raj Iyer
2
Who May seek Green Card through EB-5 Route?

• Foreign Investors Who Have
• Invested in a New Commercial Enterprise
• Invested in a Regional Center
• Will Benefit the U.S. Economy and Create Jobs
  through Their Investment

3
Benefits of EB-5 Investment

• Obtain Legal Permanent Residency (aka Green
  Card)
• Spouse and Unmarried Children Also Eligible
• Work Anywhere in U.S.
• 10,000 Investor Visas Available Annually

4
Investment

• To Obtain a Green Card through EB-5 Investment,
  Foreign Investor Should Invest
• US One Million (1,000, 000) or
• US Five Hundred Thousand ( 500,000) in a
  Targeted Employment Area , or in a Rural Area
• Create 10 Jobs for US Citizens, Green Card
  Holders or Other Immigrants Authorized to Work in
  the US

5
Requirements for an EB-5 Investment

• Start a New Company
• Invest in a Commercial eEnterprise Established
  after Nov 29, 1990 or
• Invest in a Company Established before Nov 29,
  1990 in Such a Way That
• It Can be Reorganized and Restructured to a New
  Commercial Enterprise, or
• Can Create 40 Increase in Net Worth or Number of
  Employees
• Invest in a Regional Center

6
Requirements to Apply

• Eligible Individuals Must Prove
• Investment of the Requisite Capital Amount
• Proof That the Investment Comes from a Lawful
  Source of Funds
• Creation of the Requisite Number of Jobs

7
Source of Funds

• Eligible Sources of Funds Include
• Any Legal Foreign or US Source Gifts, Loans,
  Divorce Settlements
• Borrowed Investment Funds

8
Job Creation Requirements

• The New Commercial Enterprise Must Benefit the US
  Economy by

• Creating at Least 10 Jobs for US Workers
• Maintaining the Number of Employees for at Least
  4 to 5 Years

9
How to Apply

• To Seek Status as an Immigrant Investor
• File USCIS Form I-526, Immigrant Petition by
  Alien Entrepreneur

• To Obtain Status as a Conditional Resident
• File Immigration Form I-485, Application to
  Register Permanent Residence or Adjust Status
• Apply for an Immigrant Visa Abroad

10
Removal of 2 Year Condition

• Eligible Investors Must
• File Form I-829 before the 2 Year Investment
  Anniversary
• Prove Fulfillment of All EB-5 Requirements