EB-5 Immigrant Investor Visas

This visa category is for Immigrant Investors, foreign individuals who invest at least 1.05 million dollars of their own personal capital in a new business enterprise in the U.S. that creates at least 10 permanent, full-time jobs, other than for the investor and members of his or her own family. As of the EB-5 Reform & Integrity Act, effective in May 2022, the minimum investment in threshold is reduced to $800,000 where the new enterprise is an infrastructure project, or is located in Target Employment Area, but the investment threshold for all other EB-5 case types is now $1,050,000. That minimum investment threshold will rise every 5 years, to keep pace with inflation. The definition of a qualifying capital investment has been interpreted quite narrowly by U.S. Citizenship & Immigration Services.

This category involves a two-step process: the individual investor must first file a petition documenting an initial investment of personal capital, identifying the legal source of the capital, demonstrating ownership and control of the funds, and establishing the creation of a new active business enterprise in the U.S. Within two years of that initial petition, the investor must then file a second petition to remove conditions on residence, documenting that the new enterprise is still in business, that the full required amount of capital was indeed invested, and that the requisite number of full-time jobs have been created by that new business enterprise.

Feel free to reach out to Karin Wolman if you think an EB-5 visa is for you.

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