EB5 Investor Visa, Green Card
The EB5 investor visa program enables foreigners who make an investment in a U.S. business to obtain a green card and become lawful permanent residents, and eventual citizens, of the United States. The investment can lead to a green card for the investor to permanently live and work in the United States with their spouse and unmarried children under the age of 21.
Entrepreneurs (and their spouses and unmarried children under 21) who make an investment in a commercial enterprise in the United States and who plan to create or preserve ten permanent full time jobs for qualified United States workers, are eligible to apply for a green card (permanent residence).
Up to 10,000 EB5 investor visas may be authorized each fiscal year for eligible entrepreneurs.
You must invest $1,000,000, or at least $500,000 in a targeted employment area (high unemployment or rural area). In return, USCIS may grant conditional permanent residence to the individual.
EB5 Investor Visa Eligibility Criteria
You may be eligible to receive permanent residence based on investment if:
- You have an approved Form I-526, Immigrant Petition by Alien Entrepreneur
- You are admissible to the United States
- An immigrant visa is immediately available
EB5 Investor Visa Application Process
If You Are Living Outside the United States
You can become a permanent resident through consular processing if you live outside the United States. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-526, Immigrant Petition by Alien Entrepreneur, petition when a visa is available.
If You Are Living in the United States
You can become a conditional permanent resident through adjustment of status if you live inside the United States. Once the Form I-526 is approved and a visa number is available, you can apply for conditional permanent residence on Form I-485, Application to Register Permanent Residence or Adjust Status.
Supporting Evidence for Form I-485
You should submit the following evidence/documentation with your application:
- Two passport-style photos
- Form G-325A, Biographic Information, if you are between 14 and 79 years of age
- Copy of government issued photo identification
- Copy of birth certificate
- Copy of passport page with nonimmigrant visa (if applicable)
- Copy of passport page with admission (entry) or parole stamp (if applicable)
- Form I-94, Arrival/ Departure Record (if applicable)
- Certified copies of court records (if you have been arrested)
- Form I-693, Report of Medical Examination and Vaccination Record
- Applicable fees
- The approval notice for Form I-526 (Form I-797)
Family of Entrepreneurs
Your spouse and unmarried children under the age of 21, (known as derivatives) may be included on your immigration petition. If they are residing in the US, they will each need to file a Form I-485. They are counted towards the annual cap of 10,000.
Work & Travel Authorization
Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return). For further information, see the “Work Authorization” and “Travel Documents” links to the left under “Green Card Processes & Procedures.”
“Helping you to obtain the right visa, when you need it”
When you contact our firm for an initial consultation, we will take the time to educate and explain the USCIS immigration laws, regulations and the visa application procedures for your particular case. As a client, you will receive personal attention and work directly with an experienced attorney who will be able to answer any questions you have and keep you informed and aware of new developments as your case moves forward.
For all of your legal immigration needs, contact the immigration lawyers of Muston & Jack, P.C., at our San Francisco, San Jose or Pasadena California law offices to schedule an initial consultation.