In order to stimulate the United States economy, the Immigration Act of 1990 established a type of visa called an Investment Visa (EB-5 visa) to help create new jobs and give foreign investors a method of obtaining citizenship without the normal method of blood relatives or work sponsorship in the United States. Each year there are 10,000 Investment (EB-5) Visas available. The nice part about investment visas is there is not a waiting list like there are for other visas such as the H-1B and H-2B. So, how can one qualify for an EB-5 Visa?
- The alien must establish a US Business or invest in an existing US business established after Nov 1990.
- The alien must invest $1,000,000 into the business (some exceptions occur where it can be $500,000 in targeting geographic areas)
- The alien must create full time work for at least 10 employees.
So, how do you go about getting one of these Investment Visas? There are some basic steps that need to be taken which include:
- Confirm that you indeed have the availability of the funds needed to participate in the program.
- Conduct the necessary “due diligence” to prove your financial investment is legitimate and not just a ploy to obtain a quick visa.
- File petition as an alien entreprenuer
- Change Status, or file for an Adjustment of Status.
- Prove that the investment has created the 10 required jobs (done between month 21 and month 24)
- File application (Form I-829) to change your status from conditional resident to permanent resident
- Work with our immigration attorneys to ensure all paperwork is done in the proper sequence and timing.
If you are looking to gain an Investment Visa (EB-5 Visa), there are a million reasons ($1,000,000) to ensure all of the legal requirements are met and that your investment into the United States is rewarded with the proper status and benefits you should expect when investing in our country’s economic well being. Give us a call if you need an immigration attorney in Denver and specifically help with an Investment or EB-5 Visa filing!