Step 1: Understand the Investment Requirements

To qualify for an EB-5 visa, an investor must meet the following key requirements:

1. Minimum Investment Amount

• $1.05 million: The standard minimum investment amount.
• $800,000: For investments in a Targeted Employment Area (TEA), which includes rural areas or regions with high unemployment.

2. Job Creation Requirement

The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor receiving conditional permanent residency.

• Jobs can be direct, indirect, or induced, depending on the type of investment.
• Investors working through a Regional Center can count both direct and indirect jobs.

3. Active Involvement

While investors do not need to manage the day-to-day operations of the business, they must be involved in policy-making or hold a managerial position.

Step 2: Choose Between Direct Investment and Regional Center Investment

Direct Investment

Direct investment involves creating or purchasing a business and directly managing the operations to meet EB-5 requirements.

Pros:

• Greater control over the business.
• Potential for higher returns on investment.

Cons:

• Higher risk and responsibility.
• Must directly create 10 full-time jobs.

Regional Center Investment

Regional centers are USCIS-approved organizations that pool EB-5 investments to fund larger projects, such as real estate developments.

Pros:

• Less hands-on involvement required.
• Job creation requirements are easier to meet since both direct and indirect jobs are counted.

Cons:

• Lower control over the investment.
• Returns on investment may be lower.

Step 3: Prepare and File Form I-526

The first step in the EB-5 visa application process is filing Form I-526, Immigrant Petition by Alien Investor, with USCIS. This form provides evidence that the investor meets all EB-5 requirements.

Required Documentation

   1.  Proof of Investment:

• Bank statements, escrow agreements, or other documents showing the transfer of funds.
• Business plan detailing how the investment will create 10 jobs.

   2.  Proof of Lawful Source of Funds:

• Tax returns, salary statements, or sale of assets documentation to prove the investment funds were obtained lawfully.

   3.  Evidence of Business Ownership or Partnership:

• Articles of incorporation, operating agreements, or partnership agreements.

Filing Fee

As of February 8th, the filing fee for Form I-526 is $11,160.

Step 4: Obtain Conditional Permanent Residency

If USCIS approves Form I-526, the investor can apply for conditional permanent residency by:

1. Filing Form DS-260 (for applicants outside the U.S.) or Form I-485 (for applicants already in the U.S.) to adjust status.
2. Attending an interview at a U.S. consulate or USCIS office.
3. Completing a medical examination by an approved physician.

Once approved, the investor and their family members receive a conditional green card valid for two years.

Step 5: Remove Conditions on Residency

Before the conditional green card expires, the investor must file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status.

Key Requirements

• Proof that the investment was sustained throughout the two-year period.
• Evidence that the business created or preserved 10 full-time jobs.

Filing Timeline and Fee

• Form I-829 must be filed within 90 days before the expiration of the conditional green card.
• The current filing fee for Form I-829 is $3,750, plus an $85 biometric services fee.

Once USCIS approves Form I-829, the investor and their family members receive permanent green cards.

Common Challenges in the EB-5 Process

1. Proving Lawful Source of Funds

USCIS requires detailed documentation proving that the investment funds were obtained legally. Failure to provide sufficient evidence can result in denial.

Tip: Work with financial professionals and an immigration attorney to gather and present the necessary documentation.

2. Meeting the Job Creation Requirement

Demonstrating that the investment created 10 full-time jobs is critical. Regional center investments are often preferred because they allow for indirect job creation.

Tip: Choose a reputable regional center with a track record of successful EB-5 projects.

3. Long Processing Times

EB-5 applications can take several years to process, especially for applicants from countries with high demand.

Tip: Stay informed about current processing times and consider options for faster processing if available.

How an Immigration Lawyer Can Help

The EB-5 visa process involves significant financial investment and complex legal requirements. An experienced immigration lawyer can:

• Help you choose the right investment option (direct or regional center).
• Ensure that all forms and supporting documents are complete and accurate.
• Assist in gathering evidence to prove the lawful source of funds.
• Guide you through the process of removing conditions on residency.

Conclusion

The EB-5 visa offers a unique opportunity for foreign investors to achieve permanent residency in the United States by contributing to the U.S. economy. While the process is complex and requires a substantial financial commitment, the benefits—including a green card for the investor and their family—make it an attractive option for many high-net-worth individuals.

If you are considering applying for an EB-5 visa, working with an experienced immigration lawyer in Orlando can help ensure that your investment meets all legal requirements and that your application is handled correctly. With proper planning and professional guidance, you can turn your U.S. investment dream into reality.