EB5 Investor Visa: How to get it | Global Immigration Partners

July 14, 2023

An EB-5 Visa, also known as the Immigrant Investor Program, allows investors and certain family members to apply for a US Green Card. This option is beneficial for both immigrants seeking permanent residence in the US and for the communities in which they invest.

EB-5 Visa Qualifications

Immigrant investors seeking permanent residency in the US with significant capital to engage in commercial enterprise may be able to take advantage of the EB-5 Visa. There are criteria that must be met in order to be eligible to apply for a US Green Card through the immigrant investor program, and you should familiarize yourself with these requirements before finalizing any plans. Specifically, investors must:

Make a minimum financial investment
Start a new business
Create permanent job opportunities

The minimum capital required varies depending on a few factors, including when you filed your petition for your EB-5 Visa and where you plan on investing. If you filed prior to March 15, 2022, the minimum investment required is $1,000,000. Applicants who filed after March 14, 2022, or who have yet to file must be able to invest a minimum of $1,050,000.

The second factor that heavily impacts your application requirements is the geographic area in which you plan to invest. As of March 15, 2022, 32% of EB-5 Visas are reserved for investors with plans to start businesses in rural areas, neighborhoods with high unemployment, and those investing in infrastructure. Targeted employment areas (TEA) were established to promote these types of projects.

What is a Targeted Employment Area?

A TEA is a classification used in the Immigrant Investor Program that promotes investment in areas that have a high need for economic assistance. Geographic regions that have higher unemployment rates and rural locations are often considered TEAs for an EB-5 Visa application, as are infrastructure investment projects. This means that the qualifications are different from standard EB-5 requirements.

Petitioners who filed prior to March 15, 2022, are only required to invest $500,000 instead of $1,000,000 if they are operating their business in a TEA. If you filed on March 15, 2022, or after, the financial requirement is $800,000 instead of $1,050,000 for TEA investments.

Other Investor Visas

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The EB-5 Visa is not the only option for investors wanting to move to and start a business in the US. Another viable option for many immigrants is the E2 Visa. While there are similarities, there are also distinct and significant differences, so one option is likely better suited for you. See below for a few of the differences between EB-5 and E2 Visa requirements:

An EB-5 Visa requires a minimum of $800,000 for new applicants, while an E2 Visa has no set minimum investment amount.
An EB-5 Visa often leads to permanent residency, while an E2 Visa is a temporary nonimmigrant visa.
EB-5 Visas are open to immigrants from any country, while E2 Visas are only available for people from select countries.

If you think an EB-5 Visa may be an option for you and your family to gain permanent residency in the United States, contact Global Immigration Partners. Our law firm focuses on immigration with specific expertise in EB-5 and E2 Visas.

Book a free consultation to discuss your options.