Are you interested in immigrating to the United States as an individual and you are prepared to invest a significant amount of money in the US economy? Have you begun planning your permanent move to the US in order to live and work? If you have the required EB-5 investment amount, you may qualify for this visa.
Who Qualifies or is Eligible for the EB-5 Visa?
To be eligible for the EB-5 visa, applicants must have a minimum of $1.8million to invest or a minimum of $900,000 to invest in a Targeted Employment Area (TEA). A TEA is defined as “an area, which, at the time of investment, is a rural area or an area which has experienced unemployment of at least 150% of the national average (3.5%).”
What are the Requirements for the EB-5 Visa?
The requirements for an EB-5 Visa include an investment in a commercial enterprise in the United States being made and the applicant planning to create or preserve ten permanent full-time jobs for qualified US workers. Investors must only put money toward commercial enterprises that were established after November 29, 1990 that make a profit from the sale of the goods or services they sell.
What is the EB-5 Visa?
The EB-5 Visa is an employment-based, fifth preference immigrant visa for individuals, families, businesses, and investors seeking permanent residency. The EB-5 program was created by US Congress in 1990. The purpose of the EB-5 is to stimulate the US economy through job creation and capital investment by foreign investors.
What is the EB-5 Processing Time?
The processing times for US visas vary depending on several factors:
- The office or service center responsible for processing the file
- The type of immigrant visa
- EB-5 visa interview wait times (if applicable)
- Whether the applicant can qualify for an expedited interview appointment
- Whether Expedited processing is available
- Whether Premium Processing is available
- Providing insufficient or incomplete documents can lead to delays in processing and even denials
Top 10 Reasons for Refusal of the EB-5 Application
While there are many reasons why your employment-based application could be refused, we have listed the ten most common here:
- Current and/or past immigration status and history in the US or abroad, including overstaying and unauthorized employment
- Insufficient funds to support themselves during their stay
- Incorrect or incomplete petition
- Insufficient supporting evidence
- Conflicts with travel documentation
- Health concerns
- Suspicion of malicious intent
- Problems with a background check
- Criminal history/Being convicted of a crime/Suspected or known ties to terrorism
- Material Misrepresentation
The EB-5 Visa » Other FAQs (Frequently Asked Questions)
Approximately 10,000 EB-5 visas are issued for the US each year.
Yes, some EB-5 investors can expect to receive their money back within five years if the project is equity-based. This means that the EB-5 visa holder has invested their money in the entity owning the project (person, persons, or other body). When a project is loan-based, money is tied up for the length of the loan.
There is no absolute time frame in which the investor will receive his or her money back as it is dependent on legal requirements for how long the investment must be maintained, contractual legal restrictions, and a whole host of obstacles, like market fluctuations and economic hurdles.
To get EB-5 funding, you can use earnings from employment to invest, proceeds from property sale/s, a loan, inheritance or if you receive money as a gift from an individual.
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