Who can qualify for the EB-5 Program?

Dec 2, 2022

The EB-5 Immigrant Investor Program allows people who live outside the United States to obtain a Green Card through an investment in a project structured specifically for the program. This residence card will allow him and his immediate family to live, work and study in the USA without problems.

Obtaining a Green Card can become a primary objective for those who wish to live the next few years in the United States. And to obtain it there are several ways, including an investment through the EB-5 Program

For an investment to qualify for the program, it must go to a project with certain characteristics, such as being located in a low-density area, that the construction of the project generates at least 10 full-time jobs and the participation of relatively new companies.

With this information, you will surely be interested in knowing what the conditions are for entering the program. We’ll tell you then.

Requirements to qualify for the EB-5 Immigrant Investor Program

All people can participate if they have the capital. The fundamental requirement of this type of investment is that the investor be accredited.

The Securities and Exchange Commission (SEC) in the USA requests that the interested investor be accredited, so they must meet certain equity conditions.

This will allow you to obtain USCIS approval as an immigrant investor and make the qualifying investment in a structured business enterprise for the program.

The investor and their spouse must have at least two years of full-time working experience in the five years prior to the filing of the first process document with USCIS.

Other requirements are:

  • Be from a country that meets the requirements
  • You plan to live permanently in the United States (rather than visiting or on an extended vacation)
  • You have a legitimate investment opportunity and a business plan
  • Your proposed business will create jobs for at least 10 skilled US workers

 

Process to obtain the Green Card in the EB-5 Program

The first step to apply for an EB-5 visa is to locate a project with the requirements established in the program. Then, the investor must hire an immigration attorney to apply to enter the program, completing Form I-526.

In this step, the interested party must make the investment of 800,000 USD and make the origin of the capital used transparent, for which they must have a legal source and route of funds.

The next (optional) step is, once the first form is approved, to present a second document known as Form I-485 that will allow obtaining an immigration status to reside in the USA while obtaining the Green Card.

Once this period has elapsed, the investor is now in a position to adjust his immigration status from “non-immigrant” to “permanent resident”. Procedure that is recommended to carry out through a lawyer.

The average time to obtain a Green Card is 2 years. Although this period can be reduced if it is a project of national interest or located in a rural area.

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