EB-5 Investor Visa

The EB-5 Investor Visa differs from both the E-1 Treaty Trader and the E-2 Treaty Investor in two major respects:  it is available to investors from ANY country and it is an immigrant visa - meaning it offers Lawful Permanent Resident (LPR) status (i.e., a ‘green’ card) for the investor and the investor’s spouse and children.

If you have invested or plan to invest at least $500,000 in a U.S. business, you might qualify for an EB-5 Investor Visa.  The EB-5 program normally requires a $1 million investment – but the lower dollar amount is possible in certain “targeted employment areas” that meet criteria designated by the state, local or U.S. government.

An EB-5 investment must also create at least 10 jobs for U.S. workers.  Usually these must be direct employees of the U.S. business, but “indirect” jobs may also be counted if investing under a Regional Center Pilot program.

The requirements for obtaining an EB-5 Investor Visa include, but are not limited to the following:

• No “labor certification” or “PERM” process is necessary.
• Requires $1 million investment in a ‘new’ business enterprise in the U.S.
• Or $500,000 investment if located in specific geographical areas
• Must create 10 new full-time jobs for U.S. workers
• Invested funds must be from lawful sources

Obtaining a green card through an EB-5 Investor Visa is a complex, multi-step process.  It involves several different applications, and the U.S. Citizenship and Immigration Service has a history of periodically changing the rules. The experienced immigration attorneys at Gunderson, Denton & Peterson, P.C. can help you navigate the complicated legal issues that typically accompany these applications.