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What is the EB-5 Visa? A Comprehensive Guide to Immigrant Investment
Definition & Meaning
The EB-5 Visa is a program that allows foreign investors to obtain a U.S. green card by investing in a business that creates jobs in the United States. To qualify, an applicant must invest either:
At least $1,000,000 in a business that creates at least ten jobs anywhere in the U.S., or
At least $500,000 in a targeted employment area (TEA) where the unemployment rate is at least 150% of the national average, or
At least $500,000 through a designated regional center under a pilot program.
A regional center is an organization that promotes economic growth and job creation in specific areas. The EB-5 program allocates 10,000 visas annually, with 5,000 reserved for investments in regional centers.
Table of content
Legal Use & context
The EB-5 Visa is primarily used in immigration law, specifically for individuals seeking permanent residency in the United States through investment. It provides a pathway for applicants to apply for a green card without the need to manage a business actively. This visa can be especially beneficial for investors looking to diversify their portfolios while contributing to the U.S. economy. Users can utilize legal templates from US Legal Forms to navigate the application process effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A foreign investor invests $500,000 in a new restaurant located in a TEA. The restaurant creates ten jobs for local residents, allowing the investor to apply for an EB-5 Visa.
Example 2: A group of investors collectively invests $2 million in a technology startup that operates in a designated regional center, fulfilling the job creation requirement through their combined investment. (hypothetical example)
Relevant laws & statutes
The EB-5 Visa program is governed by the Immigration and Nationality Act (INA) and specific regulations set forth by the U.S. Citizenship and Immigration Services (USCIS). Key provisions include:
Section 203(b)(5) of the INA, which outlines the eligibility criteria for immigrant investors.
USCIS regulations regarding regional centers and the investment process.
Comparison with related terms
Term
Description
EB-5 Visa
A visa for immigrant investors who invest in U.S. businesses and create jobs.
H-1B Visa
A non-immigrant visa for skilled workers in specialty occupations.
L-1 Visa
A visa for intra-company transferees who work for a multinational company.
Common misunderstandings
What to do if this term applies to you
If you are considering applying for an EB-5 Visa, here are steps to follow:
Determine your eligibility based on investment amount and job creation requirements.
Choose whether to invest in a new or existing business or through a regional center.
Gather necessary documentation and explore US Legal Forms for templates to assist with the application process.
If your situation is complex, consider consulting with a legal professional for tailored advice.
Find the legal form that fits your case
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