What are the requirements for the EB-5 visa? Delving into the EB-5 Immigration Program
The EB-5 Visa – or Green Card – obtained through the EB-5 Program is a popular option for those who wish to obtain permanent residence in the United States through investments. We tell you in depth the key requirements for this immigration program.
One of the most prominent requirements for the EB-5 Visa is the minimum investment required. But the amount of investment can vary depending on factors such as the location and the type of project.
Currently, the required investment is approximately $1,000,000 in a non-high unemployment area (TEA) or $900,000 in a TEA or designated rural area. In general terms, a TEA is an area with high unemployment or a rural area with a population of less than approximately 20,000.
Additionally, if the investment contributes to the creation of at least 10 full-time jobs in the United States, you may be eligible for a reduction in the investment amount. We tell you in detail the requirements for the EB-5 Visa.
1. Job Creation in the EB-5 Program
This type of visa, created under the employment-based fifth preference (hence the name EB-5), focuses, as the name implies, on job creation in the United States. To meet this requirement, the investment must create at least 10 full-time jobs for skilled workers or workers directly associated with the business project in which it has been invested.
These jobs must be held for a period of at least two years from the date you obtained conditional resident status. It is important to note that these jobs must be new and cannot include immediate family members.
2. Location of the Investment: Regional Center or Direct
Investing in an EB-5 Regional Center is a popular option, as these centers are specifically designed to attract foreign investors and manage projects that meet job creation requirements. Investing through a Regional Center can provide additional flexibility in terms of location and project management.
On the other hand, direct investment implies that the investor must actively create and manage their own business in the United States. This can be an attractive option if you have a specific business project in mind or prefer more direct control over your investments.
3. Legitimate Source of Funds
Demonstrating the legal or legitimate source of the funds you plan to invest in the EB-5 Program is a critical requirement. Immigration authorities require documented evidence that funds come from legitimate sources, such as income, property sales, legal loans, inheritance, or other legal means.
It is essential to keep records and provide adequate documentation to support the source of your funds. This can include bank statements, sales contracts, loan agreements, among other financial documents.
4. Commitment to Create Employment and Deadlines
Once the investment has been made, the commitment to create jobs must be fulfilled. Jobs must be created within two years of obtaining conditional residency. It is important to keep detailed records of job creation and compliance to avoid problems in the residency removal process.
Please note that at the end of the two-year conditional residency period, you must file an application to remove the condition and make your residency permanent.
5. Family Eligibility in the EB-5 Program
The EB-5 Visa can also be extended to your family members, including your spouse and unmarried children under the age of 21. These family members can obtain a derivative visa through your main EB-5 application. This means that your investment also benefits your family, allowing them to obtain permanent residence in the US.
6. Application Process and Required Documentation
The EB-5 Visa application process involves submitting a series of forms and documentation. This includes Form I-526 for the Immigrant Petition by Alien Investor, as well as evidence of your investment and documentation of the source of funds.
Be sure to carefully review the documentation requirements and follow the guidelines provided by the United States Citizenship and Immigration Services (USCIS).
7. Processing Time and Waiting Times
EB-5 Visa processing time will vary and will depend on several factors, including the number of applications received and the efficiency of processing at that time. Wait times may also fluctuate due to changes in immigration policies and visa quotas.
The average time to obtain a Green Card with the EB-5 Program is 2 to 3 years. It is important to be prepared for potential delays and stay up to date with current processing times through USCIS.
8. Waivers and Policy Changes
Immigration policies are subject to change and revision. It is critical to be aware of available waivers and any policy changes that may affect your EB-5 visa application. Consulting with an experienced immigration attorney can be especially helpful in understanding how these changes may impact your individual case.
9. Benefits of the EB-5 Visa
The EB-5 Visa offers a series of benefits, including the opportunity to obtain permanent residence in the US for the investor and their family. This means that they can live, work and study in the country indefinitely. They also have the freedom to move between states and change jobs without the need for a new work visa.
Additionally, the EB-5 Visa does not require job sponsorship, making it attractive to those who want an independent path to permanent residence.
So, the EB-5 Visa is a valuable option for those who want to immigrate to the USA through significant investments. Fulfilling the requirements and details of this program is crucial to a successful application process.
Investing in BAI Capital is investing in the United States
With a presence in the real estate sector in the states of Florida, Texas and New York, BAI Capital specializes in generating value from the acquisition of land to the development of mixed-use projects, such as residences for the elderly, student residences, multifamily buildings. for rentals and mixed use, including condos and retail.
Our mission is to safeguard the capital of the partners and the own capital under the minimum risk exposure. With a safe development and going through all the stages: Land purchase, adjustment of urban zoning, commercial vision in architectural development and management of building permits. Then, we take charge of the capitalization, construction and exit with return of the capital and profits to the partners.
In this way, we guarantee fixed and stable returns for your client portfolio. In addition to having a confidential work protocol with encrypted web forms. Use of protected personal data and private meetings with our agents throughout Latin America.
You already know what the requirements are for the EB-5 visa. If you are looking to protect your capital from inflation through investments with returns in dollars, or invest in projects that qualify for the EB-5 investor visa to get a Green Card, complete our form and an agent will contact you.
