Overview
This page will discuss the EB-5 Immigrant Visa: one of five types of visas belonging to the Employment Based Visas category. The Employment Fifth Preference Immigrant Investment Visa (EB-5) is yet another way for “immigrant entrepreneurs” (the visa is alternatively referred to by this name) to enter the US for the purpose of investing in American businesses.
EB5 Visa Eligibility
Eligibility for the EB-5 Immigrant Investor program involves meeting both the minimum capital investment requirement and the job-creation requirements. You can choose between two EB-5 Visa investment options to meet the minimum investment requirement. In the first, an applicant invests at least $1,050,000 in a valid American business venture. In the second, an applicant invests $800,000 in a rural area or a non-rural area with a high-unemployment rate (i.e. a targeted area).
To meet the job-creation requirements, whichever investment option you select must result in full-time employment for a minimum of 10 Americans (excluding the visa holder). Jobs may go to non-citizens provided the recipients have permanent status in the country and have permission to be employed there). Please note that dependent family members of EB-5 Visa holders do not count toward satisfying this requirement.
Additional EB-5 Visa requirements include the submission of all required documents and the timely and complete payment of the basic EB-5 Visa fee and other filing fees.
EB5 Visa Validity
The EB-5 Immigrant Investor Visa is valid for permanent residency in the United States. The EB-5 to Green Card process reflects the permanent immigration status bestowed upon a recipient. All successful US visa applicants must abide by the validity period granted on their visa.
EB5 Visa Purposes
Foreigners can come to the US on an EB-5 Investor Visa for the purpose of investing money (and thereby achieving US entry and ultimately permanent residency) by selecting one of the following EB-5 subtypes:
- I5—Investor Pilot Program (in a targeted area)
- R5—Investor Pilot Program (in a targeted area)
- T5—The generation of jobs in a non-urban (target) location or destination where many people are out of work
- C5—The generation of jobs in a targeted area
Form DS-260
The Immigrant Visa and Alien Registration Application, this can be completed online, via the Consular Electronic Application Center (CEAC).
Form I-526
The Immigrant Petition by Alien Entrepreneur/Standalone Investor form, which should be sent (via mail) to the USCIS (U.S. Citizens and Immigration Services).
Passport
A document that is issued by the government, which is also a legitimate travel document and valid a minimum of six months beyond your date of US entry
Payment of visa fees
Complete payment (and payment confirmation) of all relevant visa fees
Applicant Photo
Two color images, which are also passport sized and taken of you recently. Will likely need to be submitted at the visa interview appointment, rather than uploaded electronically.
Additional materials
- Forms which attest that you received a valid physical from an approved doctor (including proof of required inoculations)
- Various civil materials (such as a birth and marriage certificates)
- Documents which provide evidence of your financial resources (which stand as proof that you can financially afford your life in the United States in the absence of public benefits)
- Some applicants may have to submit a DS-261, an online form which designates an applicant’s selection of an agent as well as address
EB5 Visa Application Steps
Once you have decided which of the EB-5 Visa investment options to pursue, you may follow these steps to apply for the EB-5 Immigrant Investor program:
- Submit Immigrant Petition (Form I-526)
Submit this form electronically via the USCIS online system
- Fill out form DS-261
(Skip this step if you have obtained legal counsel by this stage) Submit this form online through the NVC
- Complete payment of relevant visa fees
Payments will include the processing fee $345 and Immigrant Petition form fee ($3,675)
- Submit additional application materials
This includes the EB-5 Visa Application form (DS-260) passport, other civil documents, etc.)
After they have confirmed receipt of all the components of your EB-5 Visa application (forms, required documents, etc.) NVC will forward the application to the US Embassy/Consulate you are applying through, which will give you a date for your visa interview - Take a medical exam
You are required to sit for a physical in order to proceed with your visa appointment.
In order to pass a medical exam, an applicant must be vaccinated against certain diseases. If you are lacking certain inoculations, you must be vaccinated—and receive proof of being vaccinated—at this appointment
The exam in question must be performed by a licensed physician designed by the specific US Mission you are applying through - Attend visa interview at US Embassy/Consulate
At the interview, you will do the following:
– Answer questions related to your trip
– Have your biometric information collected (fingerprints etc.)
– Submit any additional requested documents - Receive your visa
If all goes well, you will be presented with a visa
- Pay USCIS Immigrant fee
Typically $220, you should remit this USCIS payment prior to attempting to enter the United States
- Travel to America
Assuming everything is in order, you will be allowed to enter the country when you show your visa at the border
- Receive your Green Card
Once you have paid your USCIS fee and gained lawful entry to the country, you will be sent a Green Card (also known as Form I-551 or a Permanent Resident Card) in the mail
The above steps apply to foreigners applying from abroad. Please note that aspects of the general EB-5 application process will be different for those applying from within the country.
EB5 Visa Interview
All EB-5 applicants will attend a visa interview at their US Embassy/Consulate in their country of residence. At the interview, they will be asked basic questions about their purpose for coming to the US, with the ultimate goal of determining that they won’t break their original visa terms and conditions or pose a safety risk to the country. Additionally, they will be asked how they will financially support themselves. Be prepared to address questions related to these general topics, as well as answer detailed questions about your biography and identity.
EB5 Visa Fees
All applicants must pay the EB-5 Visa fee ($345) which is the price of submitting the DS-260 form. In addition, applicants pay a fee for filing their required I-526 Immigrant Petition form ($3,675); acceptable payment options include check and money order. You will likely be eligible for additional fees related to filing other required forms. Different fees may be paid at different stages of the application process. You may be required to pay various fees at your application destination (US Embassy/Consulate); more likely you will use the online USCIS system.
Where to apply for EB5 Visa
If you are applying from outside the country, you will apply for your EB-5 at your local US Embassy or Consulate. Much of the application process takes place online, and will involve you submitting electronic forms to the National Visa Center (NVC) and the U.S. Citizenship and Immigration Services (USCIS).
When to apply for EB5 Visa
The EB-5 Visa processing time depends on your priority date (i.e. when you filed a petition to apply) and how many immigrant investor visa applications have been filed ahead of yours. There are limits on the number of investor visas which can be granted in a year. Depending on this and other factors (including where you are applying from) it can take months or even years to receive a visa. Because of this, applicants are advised to begin their application as soon as possible.
