An Overview of the EB-5 Immigrant Investor Visa


For foreign nationals who are aspiring to immigrate to work and live permanently in the United States, there are several immigrant visas to choose from, like a fiance visa, spouse visa, or work visa. In most cases, a relative (family-based immigration) or employer sponsors the individual by applying with U.S. Citizenship and Immigration Services (USCIS). 

On the other hand, foreign investors have the option of immediately getting a permanent resident status by applying for an EB-5 visa, or the employment 5th preference immigrant visa. By simply investing in a new commercial enterprise in the U.S. that will create jobs for U.S. citizens, an EB-5 visa is a fast route to US permanent residency (Green Card) for foreign nationals. 

Having an immigrant visa allows you to eventually become a legal permanent resident of the United States once the immigrant visa and accompanying paperwork are reviewed and endorsed by a CBP officer.

If you’re an investor who has plans of immigrating to the U.S. through the EB-5 Visa, reach out to a Florida immigration attorney.

Who is Qualified for an EB-5 Visa?

Employment-based visas in Florida have five different preference categories. The employment-based, fifth preference category is for immigrant investors who have the means to make a capital investment in a business in the United States. Immigration applicants through this category must also be involved in managing the business, although they don’t necessarily have to be on top of it. 

EB-5 Immigrant Investor VisaForeign investors must make an investment ranging from $900,000 to $1.8 million. The minimum investment requirement is for those who are willing to invest in targeted employment areas (TEA). These are rural or non-rural areas that experience high unemployment rates.

The application process in getting a green card through the fifth preference is relatively faster than other categories. However, there’s a limit to how many investors can avail of this type of visa. Each year, only 10,000 green cards are given, and then the number of green cards for investors released for certain countries is limited as well due to large numbers of applicants coming from those countries. 

If you’re from Vietnam, China, or India, where there’s a high demand for EB-5 visas, then you might be wait-listed based on your priority date (the day you first filed your visa petition).

What are the Benefits of an EB-5 Visa?

  • An EB-5 green card accepts any foreign national who can invest in any job-creating business in the United States. You don’t necessarily need to have an educational background or experience in business, as long as you are involved in the management of the business for two years until you can adjust status to become a permanent resident.
  • You can choose where to invest your money; it can be in any part of the U.S.
  • After getting your permanent resident card, you can choose to stay in the company, transfer to another job, start a new business, or not work at all.
  • Your family members, namely your spouse and unmarried children below 21 years old, can apply for the same immigrant visa as you. They just have to fill out the required application forms and travel documents, obtain the civil documents required, pay the application fees, and undergo medical tests. 
  • If you maintain a good moral character, avoid committing crimes, and continuously and physically live in the United States as a green card holder for five years, then you can apply for U.S. citizenship.

Reaching out to an immigration law firm in Florida with expertise in processing investor visas is advantageous when you’re seeking to apply for an EB-5 investor visa. Immigration laws can be confusing, and a Florida immigration attorney can provide you with the legal help you need to process your immigration petition and other paperwork involved to establish your eligibility. 

At AmLaw Global, we have experienced immigration attorneys in Florida who can help you with your immigration papers and visa petition. Call us today for a legal consultation.

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