What is EB-5 Visa? A Step-by-Step Application Process!

The EB-5 Visa Immigrant Investor Program offers a legal pathway for foreign nationals to obtain permanent residency (a green card) in the United States by making a qualifying investment. The required EB-5 investment amount ranges from $800,000 to $1,050,000, depending on the project and location. This investment must create at least 10 full-time jobs for U.S. workers within two years.

In return, the investor receives permanent residency in the U.S. The investor’s spouse and unmarried children under the age of 21 are also eligible to receive green cards. The EB-5 Visa Program is particularly popular among global investors seeking U.S. permanent residency through investment.

Established in 1990, the EB-5 Program was designed to stimulate the U.S. economy through job creation and the attraction of foreign capital.

For those looking to acquire permanent resident status in the United States, the EB-5 visa remains one of the most effective programs. Since its inception, the U.S. government has issued thousands of EB-5 visas to individuals making qualified investments that contribute to job creation in the country.

If you’re considering global investment opportunities, this blog will serve as your comprehensive guide from the application process to the final step of obtaining your EB-5 visa. Our experienced EB-5 immigration lawyers at Canada Shaws will support you through every stage, making the process clear and manageable.

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What is the EB-5 Visa?

EB-5 stands for Employment-Based Fifth Preference Visa. This visa program was introduced by Congress in 1990 to boost the US economy. This visa aims at producing job opportunities in the US by attracting foreign capital to the country. The applicant for the EB-5 Visa has to invest $10,50,000 or $80,0000 if investing in the EB-5  targeted employment area. This investment must create 10 full-time jobs for US workers. In addition to this, the applicant has to prove the legal source of the funds. After the requirements are met, the applicant and the immediate family members are given a Green card for two years. After two years, if the created jobs are maintained, conditions on the green card are removed. The applicant and the family can further apply ( Form I-829)  to remove conditions and get a permanent green card.

EB-Visa offers a lot of benefits.

• This visa offers the most efficient route to securing permanent resident status (A Green Card).
• The EB-5 Visa program offers permanent resident status to not just the investor but also the immediate family members.
• Citizenship is possible after five years of residence.
• It does not require the sponsorship of an employer.
• It offers tax benefits to the investors.
• EB-5 Visa offers a more secure and permanent solution, unlike other temporary visa options.
• It offers tax benefits to the investors.
• No language, age, or professional experience is required.
• Access to top schools and universities at lower cost.

EB-5 Visa Requirements

Understanding the EB-5 visa requirements is the first step toward achieving US residency. Two basic criteria must be met to apply for an EB-5 Visa.

The first requirement is to make an investment, which includes two options.

• The applicant has to invest in a US commercial enterprise, set up his own business, or buy an existing one. This requires an investment of $10,50,000. The applicant is responsible for hiring employees and creating jobs. This involves the applicant’s hands-on participation. This option is appropriate for experienced business owners and entrepreneurs. A commercial enterprise means

1. A sole proprietorship
2. Partnership
3. Holding company with its wholly owned subsidiaries.
4. Joint venture
5. Corporation
6. Business Trust
7. Limited Liability Company
8. Other entities, publicly or privately owned

• The second option is to make your EB-5 Visa investment through USCIS-approved regional centers in a targeted employment area (TEA). This EB-5 visa-targeted employment area is either a rural area or an area with high unemployment. The option does not include the active participation of the investor. The regional center controls business management and job creation metrics. You can check the list of Approved Investor’s Regional Centers for more information.

The second requirement is to create 10 full-time jobs for US workers.

Note: EB-5 visa investment amount must come from lawful sources. You have to give proof that funds are lawful and have a legal record, e.g., bank transfers, receipts, legal records, etc.

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Step-by-Step Application Process

The application process for an EB-5 Visa involves a number of steps. It is better to consult an EB-5 Visa lawyer and financial expert who can turn the complex procedure of EB-Visa into a trouble-free process. At Canada Shaws, we provide the best EB-5 Visa services. Our experts specialize in all kinds of immigration applications.

Step 1: Choose an Investment Project

The first step is to choose the investment amount and choose between the options of a regional center or direct investment.

Applicant is required to invest an amount of

• $ 10,50,000 if investing in a non Targeted Employment Area.
• $ 80,0000 if investing in a Targeted Employment Area ( High unemployment).

The applicant can make this investment either through government-approved regional centers or through direct investment.

Note: The applicant has to meet the “at-risk investment” requirement, which means there is an equal chance of profit and loss.

Step 2: File Form I-526 E

Once the applicant has invested, the next step is to file Form I-526 E. The petition must show that the investment was successful and the applicant has successfully created 10 jobs for US workers.

Documents checklist for Form I-526E

To support your application, you have to attach the following documents.

• Bank wire transfer receipts ( showing the transferred amount)
• Bank statements from both sending and receiving accounts.
• Acknowledgment from New Commercial Enterprise (NCE) or the Regional Center confirming the receipt of funds.
• A complete proof of the sources of funds, including employment income, business earnings, real estate sales or other, etc.
• Provide complete proof of the loan and whether funds were sourced via loans.
• Tax records showing the lawful validity of the funds.

To ensure the smooth and quick processing of applications, it is important to provide accurate and necessary documents. Canada Shaws collaborates with financial advisors to help you keep USCIS-compliant fund records.

Step 3: Apply for Conditional Permanent Residency

Upon the approval of I-526E, you have to apply for conditional permanent residency.

• If you are already in the US,  you will file form I-485 with the US Department of State to adjust your status as a conditional permanent resident.
• If you are outside the US, you will file a DS-260 with USCIS to obtain an EB-5 visa abroad and seek admission to the United States.

Upon approval of the applications, you will receive a conditional 2-year green card.

This period of two years is crucial to get a green card. The applicant has to prove the creation of 10 successful full-time jobs for US workers.

Note: EB-5 Visa cost is not limited to $80,0000 or $10,50,000 investment. There are additional costs involved, such as USCIS filing fees, regional center administrative fees, etc.

Step 4: Receive Conditional Green Card

• A conditional green card is valid for 2 Years.
• Your investment must result in the creation of 10 full-time jobs within this conditional period.
• You must keep your investment at risk during these 2 years.

Step 5: File Form I-829 (Petition to Remove Conditions)

After the approved success of the investment, the applicant can file the petition l-829 to remove the conditions. This process requires filing the petition within 90 days immediately before the second anniversary of the adjustment of status or admission to the United States as a conditional permanent resident. If USCIS approves the petition, the applicant can attain the status of a permanent resident.

EB-5 Visa Timeline & Fee

The timeline for the EB-5 visa US program varies for different reasons. However, the process from initial application to permanent residency can take 3-5 years, depending on the type of the project, the country of origin, and the USCIS application processing time.

• Form I-526/I-526E: 30-60 months
• FormI-485 (Adjustment of Status) or Form DS-260 (Consular Processing)  6-12 months
• FormI-829 ( Removal of Conditions)  22-48 months

Several factors can affect the processing time of the EB-5 Visa program. In recent years, there has been a climb in the number of applications for the EB-5 Visa program. More people are filing petitions, which can create a backlog and long waiting times. The processing time can also be affected, depending on the location of the applicant. An investor residing in the US can have a different processing time than the one living abroad. You can check the USCIS website to check the processing times.

EB-5 visa cost goes beyond the investment amount. Here is the breakdown of a typical EB-5 visa cost.

Stage	Fee
Step-1 Find a suitable EB-5 project	$0-$10,000 (Legal Help)
Step-2 Invest Capital	$8,00,000-$10,50,000
Step-3 File Form I 526E	$11,160
Consular Processing/Adjustment of Status	$1140 / $345
Receive a Conditional Green Card	–
File Form I-829	$9,525
Receive Permanent Green Card	–
Attorney fees or Admin Fees (Optional)	$ 30,000- $70,000

Pros and Cons of the EB-5 Visa

The EB-5 visa US offers permanent resident status to foreign investors. However, this reward comes with several nuances and benefits that you need to consider.

Pros

• Offers a path to US Citizenship
• No job offer or sponsorship is required.
• Green Card for immediate family members.

Cons

• High investment amount.
• A constant risk of losing investment.
• Lengthy application process
• Job creation requirement.
• Lengthy application procedure.

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Get Help From Canada Shaws’ Professionals.

Our immigration experts and lawyers at Canada Shaws have a history of helping families, investors, and individuals with immigration programs. Our EB-5 lawyers and finance experts provide guidance from the first step of choosing the project to the last step of submitting your application.

• Our  EB-5 visa lawyer will guide you through the entire process and make sure you have the right team of advisors on board.
• Our finance lawyers will ensure that your project is properly structured to protect your legal rights.

Why only Canada Shaws?

• Our financial and legal experts help you understand investment options.
• A complete Guide on TEA and non-TEA projects.
• Our experts will connect you with authentic EB-5 projects.

Conclusion

The EB-5 Visa program is a great and powerful option for investors and entrepreneurs who want to invest their money in big giant projects and also want to gain lawful US residency. Since this is a powerful option, it has gained popularity among entrepreneurs in recent years, which has contributed to longer waiting times.

The EB-5 Visa program involves a long documentation procedure regarding investment and job creation. If you are unsure of what steps to take, Canada Shaws can help you check which immigration option and visa is most suitable for you.

Are you ready to start your EB-5 journey? Book a free consultation now!

Frequently Asked Questions:

1 What is an EB-5 Visa program in the USA?

The program is known as an employment-based fifth preference visa. Congress created this program in 1990 to stimulate the US economy by creating jobs for US workers and attracting foreign investment in the US economy.

2 What is the minimum investment for EB-5?

• $80,000- For the Targeted employment area ( Area with high unemployment/ Rural area)
• $10,50000- For the Non-Targeted Employment Area
• The funds for the investment should be lawful.

3 What Is a Targeted Employment Area (TEA)?

Targeted employment areas are determined on the basis of unemployment. A targeted employment area is a geographic area that, at the time of investment, is experiencing an unemployment rate of 150 percent of the national average rate.

4 What are the disadvantages of EB-5?

• The EB-5 Visa program requires significant financial investment: …
• Job Creation Requirement.
• Active Business Management.
• Complex USCIS Requirements.
• Economic risks.
• Processing time can be lengthy.