EB-5 Visas - Overview

The EB-5 visa category was created by Congress in the Immigration Act of 1990 to encourage the flow of foreign capital into the U.S. economy and to create jobs for U.S. workers. There are 10,000 available visas in the EB-5 visa category annually, 3,000 of which are reserved for foreign investors who want to participate in an EB-5 pilot program designed for targeted employment areas.

We are committed to providing the most accurate analysis of the EB-5 Investor Visa category and EB-5 Regional Centers and welcome your questions. We see our mission as that of giving prospective EB-5 investors the necessary informational tools to make objective, intelligent decisions regarding their U.S. immigration plans. We encourage you to explore our site (www.EB5InvestorVisa.com) for background and call us for a personal consultation.

EB-5 Privileges

  • The EB-5 Visa holder and their qualifying family members (spouse and unmarried, minor children) receive a "conditional" green card.
  • After 21 months from receipt of the conditional green card, the investor may apply to remove the conditional basis of his green card.
  • EB-5 investors and their families can live, work, and attend school anywhere in the United States.
  • EB-5 investors may retire free from geographical and employment constraints.
  • In a Regional Center investment, the applicant does not need to directly employ workers or manage the day-to-day affairs of a new business created under this program.

EB-5 Investment Visa Requirements

  • The applicant must establish a business or invest in an existing business that was created or restructured after November 19, 1990.
  • The alien must have invested $1 million (or $500,000 if investing in a USCIS designated Regional Center) in the business.
  • The business must create at least 10 full-time jobs for U.S. workers.
  • The EB-5 investor must demonstrate that the investment capital was "lawfully gained" and the required capital is at risk for investment purposes.
  • The investor must enter the United States within 180 days of visa issuance.
  • The EB-5 visa holder is not required to be physically in the U.S. for any given amount of time, but must demonstrate the "intent" to be a resident. This includes:
    • Renting or buying a home
    • Opening bank accounts
    • Obtaining a social security number
    • Obtaining a driver's license
    • Paying applicable taxes

EB-5 pilot program

To encourage immigration through the EB-5 category, the Regional Center program was created. Regional Centers are USCIS designated companies that pool foreign investor capital and invest in qualifying projects. This program reduces the required investment sum to $500,000 USD if the commercial enterprise that receives the investment is situated in a Targeted Employment Area (TEA). The Regional Center program does not require the immigrant investor enterprise itself to employ 10 U.S. workers. It only requires that 10 or more jobs are created indirectly as a result of the investment.

Contact our Immigration Attorneys

Please note that our website is only an informational resource and should not be taken as legal advice. If you want to apply for an EB-5 Investor Visa, we encourage you to contact our experienced immigration attorneys for a consultation. We are the largest Immigration Law Firm in Miami and South Florida and our founding partners have been certified as experts in Immigration Law by the Florida Bar. Call us at (305) 895-0300. You can also send us an e-mail or fill out our online form and we will contact you in a timely manner.