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EB-5 Visa for Foreign Investors
(Form I-526)

The purpose of the EB 5 Visa program is to increase economic activity in the United States.  Unique businesses require unique approach. Read the information below to learn more about applying for an EB 5 Visa with the assistance of our attorneys.

What is EB-5 visa program?

EB 5 investor visa is an immigrant visa that allows visa holders to live and work in the United States, and gain permanent resident status. EB 5 investor visa can be obtained by a person who invests in the country’s economy and benefits the community in the area. 
 

There are several types of EB 5 Visas based on the areas where investors can invest:

  • T-5 Visa is obtained through an investment which will create jobs and benefit the community in a rural area with high unemployment rate. 

    T-5 visas are issued in limited numbers: less than 3,000 visas a year.

  • C-5 Visa is obtained through an investment in the amount of $1.8 million which increases employment in a particular company.

  • R-5 Visa is obtained through participation in the Investor Pilot Program** in a general area.
    R-5 visas are issued in limited numbers, and processing time can be longer.

  • I-5 Visa is obtained through an investment in rural places as well as regional centers* in targeted areas with high unemployment.  I-5 visas are issued in limited numbers: about 3,000 visas a year.

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Regional Centers are general or targeted areas specially created in order to increase economic growth by means of increased employment, productivity, exports, and capital investment.

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Investor Pilot Program is designed to attract investment towards regional centers. 

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What documents are required?

  • Form I-526, Immigrant Petition by Alien Entrepreneur.

  • Form DS-260, Online Immigrant Visa Application.

  • Medical examination and vaccination documents signed by a licensed doctor.

  • Your passport (must be valid for more than 6 months after the time of your entry in the U.S.)

  • Your investment plans

  • Your bank statements 

  • Two photographs meeting the US Visa Photo Requirements

  • Academic documents (diplomas and certificates)

  • Your CV or Resume

  • Court and criminal records

  • Other documents that might be required individually by the NVC depending on your case.
     

  • The list may vary depending on each individual case, you may be requested only one of the documents listed above or you might be requested additional documents

Can I bring my family to the United States?

Your spouse and unmarried children under 21 years old can come with you. Once they are in the U.S., they can apply for Employment Authorization while they are waiting for their Green Card. Learn more here:  https://beyondbordersvisas/green-card/employment-authorization

What are the EB-5 Visa program requirements?

In order to be eligible to apply for one of the EB 5 visas an investor must comply with all or some of the requirements below:

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  • Invest in a commercial enterprise founded on or before November 29, 1990, if:

    • The business must be bought and restructured or expanded ensuring either a 40% increase in its net worth or creation of new jobs.

  • At least 10 new permanent full-time jobs must be created for 2 years, direct or indirect.

  • If the business chosen for investment is close to bankruptcy, it is sufficient to maintain the existing jobs and hire more people, if possible.

  • The minimum investment is $1.8 million ($900,000 in a rural area with high unemployment) of the investor’s own personal assets and not  borrowed.

 

The list above contains the general requirements and may vary depending on each individual case, there may be requirements other than listed above.

How to apply?

  1. File the petition: Form I-526, Immigrant Petition by Alien Entrepreneur. You can do it yourself and do not need a US employer to file the petition on your behalf.

  2. File Form DS-260, Online Immigrant Visa Application. 

  3. Attend a medical examination and get the necessary vaccines.

  4. Compile your supporting documents

  5. Attend the visa interview scheduled by the NVC at your US Embassy.

  6. Receive your immigration package and travel to the US. Do not open it.

Beyond Borders Visas will file and translate all the necessary forms for you on each stage.

How much does it cost?

U.S. government fees are mandatory and nonrefundable:

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  • USCIS Form I-526 filing fee: $3,675

  • Form DS-260 filing fee: $330

  • Medical examination fees: $60-$300

  • Fees to obtain supporting documents: variable

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The total cost for each type of green card application can vary. The figures above do not include travel costs, securing needed documents, attorney fees, professional assistance fees. Government fees may change by the decision of the government.

Since EB 5 visas are subject to the annual cap, the waiting time may vary from months to years. If your application is not reviewed in the current year, it will be automatically queued for the next year depending on your preference category.

How long does it take?

  • Submit your valid and up-to-date official documents

  • Do not provide false, misleading or fraudulent information or documents

  • Answer all of the questions honestly

  • Avoid spelling mistakes

  • Provide as much information as you can

  • Do not provide false, misleading or fraudulent information or documents

Application tips:

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