US Investor Visa – US EB5 Visa | M.I.S

usa business immigration visa – usa e2 treaty investor visa

US EB5 (Investor Visa) :

EB5 VISA :

The United States EB5 visa was introduced in 1990 by the Immigration Act of 1990. Through the EB5 visa, eligible foreign investors can become lawful permanent residents of the United States by investing a substantial amount of funds in a US business.

What Is An EB5 Visa?

The EB5 is a visa open specifically to immigrant investors. However, if you want to invest a smaller amount in US businesses, you can be eligible for the E2 visa.

The purpose of granting an EB5 visa is to help in developing the rural areas or the US where the unemployment rate is high.

How much to invest for an EB5 Visa?

An investor needs to prove that there will be jobs given to at least 10 new employees through your investment. There is an exception if the investor wants to invest in some mega commercial project which is already managing business in the United States and creating employment opportunities. An EB-5 regional center is an economic unit, public or private, in the United States that is involved with promoting economic growth. Regional centers are designated by USCIS for participation in the Immigrant Investor Program. Most immigrant investors are looking to Regional Centers in targeted areas. Washington is one of the top Regional Center states with 7 active centers including; American Life Ventures, Whatcom Opportunities RC , American Life Ventures, Tacoma, Washington etc.

A Targeted Employment Area (TEA) is a region of the United States for which the threshold for investment for an investor to be eligible for the EB-5 visa is $900,000. There are two types of TEA, depending upon the unemployment ratio of the area, these are:

1. high unemployment areas (where unemployment exceeds 150% of the national average

2. And rural areas (those areas outside a Metropolitan Statistical Area (high populated area).

In various states of the United States, targeted employment areas are designated such as in Hawaii, The Island of Hawaii, The Island of Kauai, and Some areas of the Island of Oahu are TEA. The state of Florida declares its own list of Targeted Employment Areas. Rural areas included Bradford County, Calhoun County, Citrus County, Columbia County etc. List of areas designated as a TEA within New Jersey includes; Lawnside Borough, New Hanover Township, Newark City, Paterson City and many others.

On November 21 st 2019, the EB5 Modernization Rule went under effect, which increased the amount of minimum investment required to be eligible for an EB5 visa. The minimum investment was increased from $500,000 to $900,000 for Non-targeted employment areas. While for TEAs, it was increased from $1M to $1.8 M. However, in June 2021, the US District Court for The Northern District of California issued an injunction on the appeal of USCIS, through which the investment amount was reinstated to the original amounts.

Who Can Obtain An EB5 Visa?

Immigrant investors looking to invest substantial capital in US businesses are eligible for an EB5 visa.

The EB5 visa has four different tiers as following:

A C5 visa is granted to those investors who invest in the areas outside the target area of the EB5 visa.

The immigrants eligible for a T5 visa are those who are interested in investing in areas with very high unemployment rates.

R5 visa is for those who participate in Investor Pilot Programs.

I5 visa is attainable by the investors who work in certain regions under an Investor Pilot Program.

What Is The Difference Between EB5 and E2 Visa?

The significant difference between the EB5 visa and the E2 visa is that the EB5 is an immigrant visa, while E2 is a non-immigrant visa. Secondly, the E2 visa is open to only E2 Treaty Members, while the EB-5 visa is open to nationals of every country.

Moreover, the amount you have to invest to be eligible for an EB-5 visa is a minimum of 500,000. Meanwhile, the amount you have to invest for an E2 visa is determined by a proportionality test and is not fixed in all cases. The purpose of investing in an EB5 visa is to create jobs for at least ten employees, but there is no minimum job creation required for an E2 visa.

How Long Is The EB-5 Visa Processing Time?

The time taken to process the petition can take somewhere around 18 months but sometimes the USCIS processing times keep fluctuating and it depends upon the number of pending applications and the number of applications being filed each year from each country. When there is a backlog of cases from one country, the processing time increases from 1.5 year to 7-8 years.

To file an application for Eb5 visa, first, you have to file Form I-156 on your behalf and will not need a US-based sponsor. When your petition is approved, then you have to wait till the proceeding date of your application. Then, when you submit the Form DS-260, you might have to submit complete medical documentation when USCIS requires it. Then, you’ll have an interview, and you’ll need to take all the supporting documents with you. You can keep an eye on your visa process through the EB5 Visa Bulletin, and you can also check the availability according to your country there.

What Are The Requirements And Fees For An EB5 Visa?

The requirements for an EB5 visa are as follows:

1. You must meet the minimum capital amount, which is $500,000 for non-target areas while $1 Million for TEA (Target Employment Area)
2. You need to prove that there will be jobs given to at least 10 new employees through your investment.
3. The invested money must be earned legally.
4. You must invest in a company that is a non-profit commercial business that was made after 1990.
5. The invested money should be considered at risk, with no guarantee of capital return.

How Long Is The EB5 Visa Valid For?

The first green card, “conditional residency”, received through an EB5 visa will be valid for two years. You can live, work, and study in the US during these years and must not be outside the US for more than a year.

After the conditional residency, you can become a permanent resident and get a 10-year green card, which can be renewed continuously.

Process with M.I.S Legal:

Register with us
Give us all documents of identity, experience (business or work), family, financial ability, assets etc.
We give you details of investment options (location, project name, investment range etc).
You choose the best project you wish to invest in and give us a go ahead for the next process.
Next process is the preparation of official documents regarding the intention to make the above investment.
The investment then has to be physically made and we will assist you in this process.
Complete documentation of investment is prepared.
With the preparation of above all documents, we also prepare your EB5 Case Petition.
When all documents and investment plan is ready, the application is filed with the concerned office of US authority
The authority processes your application and if it finds it appropriate, they forward the case to the US embassy / consulate in the applicant's home country and that embassy / consulate then receives correspondence with the applicant regarding next steps.
The further next step is submitting any required documents to the embassy / consulate after which the embassy calls for an interview.
We prepare you for interview and you attend the interview in person (with family)
At the end of interview a decision is made on the application
If the visa is granted, you travel to the US and collect your green card.
Our services close with the approval of visa, however, if you wish to get more services we can provide that under separate agreement.
If the visa is refused, we look into the reasons of refusal and follow the case with appeal / reapplying as appropriate

We understand that it may be difficult for varying applicants to decide what information and/or documents of theirs can best present their circumstances as advised above and therefore the qualified, experienced and dedicated lawyers of M.I.S-Legal are well available for guidance and assistance in this regard. M.I.S Legal is working with several projects in the US which are eligible for EB5 investment. These are development projects approved for EB5 investment and are located at popular destinations including New York, Florida, Seattle, California etc.

We welcome applicants to reach us on our UAN 0304 111 0786 with their questions or cases to seek help with their EB5 visa applications.