The EB5 visa provides a unique pathway to U.S. permanent residency for individuals who make substantial investments in the U.S. economy. This visa is specifically designed to encourage foreign investment, creating jobs and stimulating economic growth. In return, investors and their eligible family members gain the opportunity to live, work, and study in the United States. However, navigating the EB5 visa process requires a comprehensive understanding of its requirements and careful planning. This guide explains the EB5 visa in detail, including its benefits, eligibility criteria, and step-by-step application process.

What is the EB5 Visa?

The EB5 visa, also known as the Immigrant Investor Program, is an employment-based Green Card category that allows foreign nationals to obtain permanent residency by investing in a new commercial enterprise in the United States. Key features include:

• A minimum investment requirement of $1.05 million (or $800,000 in a Targeted Employment Area).
• The creation of at least 10 full-time jobs for U.S. workers.
• The option to invest directly in a business or through a government-approved Regional Center.

Benefits of the EB5 Visa

• Direct Path to Green Card: Secure permanent residency for yourself, your spouse, and unmarried children under 21.
• No Sponsorship Required: Investors can apply independently without relying on an employer or family member.
• Access to U.S. Opportunities: Enjoy the freedom to live, work, and study anywhere in the United States.
• Path to Citizenship: EB5 visa holders can apply for U.S. citizenship after meeting residency requirements.

Who Qualifies for the EB5 Visa?

To qualify for the EB5 visa, you must meet the following criteria:

1. Investment Amount
   • $1.05 million in a standard location.
   • $800,000 in a Targeted Employment Area (TEA), defined as a rural area or one with high unemployment.
2. Job Creation

   Your investment must create or preserve at least 10 full-time jobs for U.S. workers within two years of your conditional residency.

3. Eligible Investment Vehicle
   • A new commercial enterprise established after November 29, 1990.
   • A Regional Center project approved by the U.S. Citizenship and Immigration Services (USCIS).
4. Lawful Source of Funds

   Demonstrate that the invested funds were obtained legally through business, earnings, gifts, or other legitimate means.

Step-by-Step Guide to the EB5 Visa Process

1. Choose Your Investment Pathway: Decide whether to invest directly in a business or through a Regional Center.
2. Conduct Due Diligence: Evaluate the investment opportunity to ensure compliance with EB5 requirements and minimize risks.
3. File Form I-526: Submit evidence of the investment amount, lawful source of funds, and job creation strategy.
4. Attend Biometrics and Background Checks: USCIS will schedule biometrics appointments to verify your identity.
5. Obtain Conditional Residency: Receive a two-year conditional Green Card upon Form I-526 approval.
6. Meet Job Creation Requirements: Ensure the investment creates or preserves at least 10 jobs during conditional residency.
7. File Form I-829: Remove conditions on your Green Card by submitting evidence that investment and job creation requirements were met.
8. Receive Permanent Residency: Obtain unconditional Green Cards for yourself and your family upon approval of Form I-829.

How Larhdel Law Can Help You Succeed

At Larhdel Law, we are dedicated to guiding investors through every step of the EB5 visa process. Our services include:

• Investment Assessment: Evaluating your investment opportunity for compliance and risks.
• Documentation Preparation: Ensuring all forms and evidence are accurate, complete, and compelling.
• Petition Support: Assisting with Form I-526 and I-829 filings to streamline your application process.
• Legal Representation: Addressing challenges or delays to protect your investment and immigration status.

Contact us at 310 943 6352 for personalized assistance tailored to your EB5 visa needs.