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What You Should Know About the EB-5 Investor Visa Process

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In this article, as a Boston Immigration Lawyer, I will address important aspects of the EB-5 Investor Visa Program that you should be aware of when preparing to go through the application process. 

The EB-5 Investor Visa is a way for foreign investors to achieve Green Card status in the United States. The EB-5 program, created by the Immigration Act of 1990, gives foreign investors the opportunity to gain a US Green Card if they satisfy particular requirements.

The EB-5 Visa Program attempts to stimulate the economy by facilitating job growth, while granting qualified foreigners the opportunity to become permanent residents of the United States.

Before applying for the U.S. EB-5 Investor Visa, you should be aware of the following:

(1) How many EB5 Investor Visas are available?

10,000 visas per year are available for foreign investors and their family members as long as they fulfill the EB-5 Visa requirements.

(2) What are the EB-5 Visa requirements?

- Have at least $500,000 in capital to invest in a Targeted Employment Area or at least $1,000,000 in a new commercial enterprise or regional center.

- Eligibility to live in the United States.

- Create at least 10 new jobs for American workers in the process of your new investment.

(3) What is a regional center?

A regional center is an organization that the United States Citizenship & Immigration Services has approved to promote economic growth and regional productivity, to create new jobs, and to increase local capital investment.

(4) What is a Targeted Employment Area?

A Targeted Employment Area is a rural area and/or an area that has unemployment at least 1.5 times the national unemployment rate. These areas need particular assistance and as such, require only half the amount otherwise needed for an EB5 visa.

(5) What documentation are you supposed to provide for the EB5 ?

- Proof the investment is lawful in origin

- Proof that you possess at least $1,000,000 US dollars (or $500,000 depending on the location of the investment).

- Proof of source of funds

- Proof of transfer of funds

- Passport copies

- History of education and employment

- Certificates of birth, marriage, and death, where required.

- Certificates of police certificates and prison record

- Military records

- Two color passport style photographs

(6) What forms must you complete through the EB-5 Program?

- Form I-526

- Form 526

- Form I-829

(7) When can I expect to gain permanent residency?

Applicants can expect Conditional Residence for two years and issuance of an eb5 Green Card after that time.  

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