How does the EB-5 Immigrant Investor Program work?

On Behalf of | Feb 16, 2022 | Business Law

Created to furnish economic growth and encourage foreign investment in American business, the EB-5 Immigrant Investor Program gives individuals born in China and other nations a possible means through which to immigrate to the United States. The EB-5 Immigrant Investor Program is part of the fifth-preference employment preference immigrant visa category. An applicant’s situation must meet certain circumstances for a foreign-born party to secure this type of visa.

According to U.S. Citizenship and Immigration Services, those looking to obtain EB-5 Immigrant Investor visas must meet the following eligibility requirements.

Determining eligibility

In order for individuals to apply for and get green cards through the EB-5 program, the applicants must make specific investments in a U.S. commercial enterprise. Furthermore, they must have plans to establish at least 10 permanent, full-time jobs in the United States. Those jobs must be for qualified U.S. workers. If applicants meet these eligibility requirements, they may also pursue green cards for their spouses or any unmarried children they have who are under 21.

Understanding the program

When foreign national investors receive EB-5 visas, they are able to remain in the United States on a conditional basis. After two years, the investor may apply to adjust his or her resident status so that it is no longer conditional. If the investor took care of all eligibility requirements within that two-year span, he or she typically earns the right to remain in the United States moving forward.

The rules and guidelines regarding EB-5 visas undergo periodic change. Those considering trying to immigrate to the United States using this type of visa should stay abreast of ongoing changes relating to this visa type.