Kurzban Kurzban Tetzeli & Pratt | Attorneys At Law

Summary of the EB-5 program for investor visas

On Behalf of | Jan 30, 2023 | Immigration |

The EB-5 program has the potential to award an employment-based, fifth-preference visa. Applying could be a step towards obtaining a green card: permanent residency privileges, in other words.

The overall purpose of this program is to stimulate the United States economy. As such, the EB-5 application has some relatively high requirements.

How much does one need to invest?

Congress formed this potential stepping stone to residency, and perhaps eventually citizenship, to give foreign investors an option to join the national economy in earnest. The monetary requirements vary — for example, an investor contributing in a targeted employment area might have the option to commit a lower total to qualify.

Further, there is the issue of jobs. In general, investors need business plans that aim to either create or save full-time jobs.

What are the other requirements?

The list of requirements for this program is extensive due to the complex nature of both the immigration system and corporate business. In essence, however, many of the requirements exist to ensure that the investments are from legitimate sources and that the business plans are viable.

Does the program require certain types of businesses or investments?

The program is for commercial enterprises. For example, a personal residence could not qualify.

Apart from that requirement, the requirements are rather generous. A business may have any one of several types of organizational structures, such as a sole proprietorship or a business trust. It must, however, meet the relevant job creation and capital investment standards.

There are many details when it comes to these EB-5 visas, but there is also the bigger picture of which program could work most efficiently for which situation. There are several other types of immigration-track visas, some of which could be more appropriate for applicants who do not plan to meet the requirements of the EB-5.



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