You are in: Home > Immigration Law

The 411 on the EB-5 Visa

16th August 2011
By Joe Sloboda in Immigration Law
RSS Legal RSS    Views: N/A

The EB-5 visa was created by the United States Immigration Act of 1990, providing a specific method of green card application for foreign nationals who invest money in the U.S. The 1992 Immigrant Investor Pilot Program, aimed at stimulating economic activity and job growth, offered a straight exchange of permanent resident status for an investment of five-hundred thousand dollars, but later amendments stipulate that applicants must invest a minimum of five-hundred thousand dollars and create at least ten jobs in order to obtain the visa.

Although the investor is not required to take on an active role in managing the business they’ve invested in, to qualify for the EB-5 visa, the investment must be received by a Regional Center. Regional Centers are defined as any public or private economic unit that engages in the active promotion of economic growth, improves regional productivity, creates jobs, and encourages increased domestic capital investment.

Referred to today as the EB-5 Regional Center Program, this visa process offers foreign investors the chance to establish residency anywhere in the United States for themselves, their spouse, and any children less than 21 years of age. Like any other complex bureaucratic process, successful application and reception of this visa depends on a rigorous adherence to specific rules, parameters, and procedures that require an in depth knowledge and superior organization. For this reason foreign investors who wish to apply for the visa, and companies looking to achieve official recognition as an approved Regional Center Project often choose to obtain the services of specialized EB-5 consultants.

The Value of Expert Assistance

To successfully navigate the investment and visa process, foreign investors should have a comprehensive list and comparison of approved regional centers, expert financial planning and financial projections for the project, a complete business plan including an exit strategy, a thorough assessment of risk, and competent assistance with all legal documentation pertaining to the investment and the visa application. By affiliating themselves with an EB-5 consultant firm, foreign investors can gain access to a full array of experienced and helpful immigration and business attorneys, certified accountants and financial specialists, as well as government visa experts.

The EB-5 Application Process

All potential EB-5 investors must first petition the U.S. Citizenship & Immigration Services (USCIS) for approval to apply. Once approval is granted, investors not currently living in the U.S. may apply for Immigrants Visas for themselves and their immediate family, while investors located in the U.S. may apply for an Adjustment of Status. The application process grants an initial “conditional green card” valid for a period of two years, during which the applicant must file another application with the USCIS, requesting removal of the time limitation. To receive an unqualified green card, foreign investors must be able to show proof of their investment of the minimum capital amount, and that the investment was maintained throughout the two-year conditional period, and that the required jobs were created. Dealing with the delicate legalities, organization, and timing needed for a successful visa process could easily turn into a personal nightmare, but having an EB-5 expert on your side can make your journey towards permanent resident status a smooth and enjoyable on for you and your family.

For more information about EB-5 or eb-5 consultant firm please visit

This article is free for republishing
Bookmark and Share

Ask a Question about this Article

powered by Yedda