Introduction
Are you looking to invest in the United States and obtain a visa to live and work there? If so, the EB2 and EB5 investors visa may be what you need. This article will explore the EB2 and EB5 Investor Visa programs, their eligibility criteria, the application process, and their benefits. So, let’s dive in and discover how EB2 and EB5 investors visa will be helpful for businesses and startups.
What is EB2 Investor’s Visa?
The EB2 Investor’s Visa is a type of visa that allows foreign investors to obtain permanent residency in the U.S. This is by investing in a U.S. business. Also, It is for foreign nationals who want to actively manage their investment and contribute to the U.S. economy by creating jobs.
The EB2 Investor Visa includes professionals holding advanced degrees or individuals with exceptional ability in their field. In addition, it allows investors and their families to obtain permanent residency in the U.S. They can therefore live and work there without needing a work visa or sponsorship from an employer.
Eligibility Requirements for EB2 Investor’s Visa
To be eligible for an EB2 Investor’s Visa, a foreign investor must meet the following criteria:
- Expertise in the field: The investor must possess exceptional ability in their field of work, which includes business, science, arts, or education.
- Advanced degree: The investor must hold an advanced degree, such as a Master’s or Ph.D., or have equivalent work experience.
- Investment: The investor must invest a minimum of $1 million in a new or existing U.S. business or $500,000 in a designated “Targeted Employment Area” (TEA). This is an area with high unemployment or rural areas.
- Job creation: The investor must create at least 10 full-time jobs for U.S. workers due to their investment.
- Management role: The investor must actively manage the US-based business.
- Legal status: The investor must not have any criminal history and should not threaten the United States national security.
The Application Process for EB2 Investor’s Visa
The application process for an EB2 Investor’s Visa includes the following steps:
- File Form I-526
The investor must file Form I-526, the Immigrant Petition by Alien Entrepreneur. This form must be accompanied by proof of investment, job creation, and other supporting documents.
- Conditional Approval
Once Form I-526 gets approval, the investor will receive conditional approval, meaning they must invest the funds and create the jobs within a specific timeframe.
- Apply for a Visa
After receiving conditional approval, the investor can apply for a visa in the U.S. Consulate or Embassy in their home country.
- Attend an Interview
The investor must attend an interview at the Consulate or Embassy to demonstrate their eligibility for the EB2 Investor Visa.
- Conditional Permanent Residency
If the visa is approved, the investor and their immediate family members will receive conditional permanent residency in the United States for two years.
- Removal of Conditions
Within 90 days before the end of the two years, the investor must file Form I-829 to remove the conditions of their permanent residency. This form must be accompanied by proof of investment and job creation. If the requirements are met, the investor and their family will receive permanent residency in the United States.
Benefits of EB2 Investor’s Visa
The EB2 Investor’s Visa offers numerous benefits to foreign investors looking to invest in the United States. Some of the benefits include:
- Work and live in the U.S.: With an EB2 Investor Visa, the investor and their immediate family work there.
- Fast-track processing: The EB2 Investor Visa is a priority visa category with a faster processing time than other visa categories.
- No sponsor required: The investor does not need a US-based sponsor to apply for the EB2 Investor Visa.
- No language requirement: Unlike other visa categories, the investor must not demonstrate English language proficiency to be eligible for the EB2 Investor Visa.
- Business opportunities: The investor can invest in a new or existing US-based business, providing many business opportunities.
- Education opportunities: The investor’s children can attend US-based schools and universities, providing them access to quality education and career opportunities.
- Path to permanent residency: The EB2 Investor Visa provides a pathway to permanent residency in the United States, which can lead to U.S. citizenship.
What is EB5 Investor Visa?
The EB-5 Investor Visa is also known as the Employment-Based Fifth Preference Visa. It is a visa program that offers a path to permanent residency for foreign investors who invest in new commercial enterprises. The U.S. government created this visa program in 1990 to stimulate the U.S. economy by attracting foreign investment.
Once the investment is made and the jobs are created, the investor can apply for conditional permanent residency in the U.S. The conditional residency is valid for two years, after which the investor must file a petition to remove the conditions. The investor must also demonstrate that the investment and job creation requirements have been met.
Additionally, the program has seen significant changes and increased scrutiny in recent years. Potential investors should stay up-to-date on any changes to the program’s requirements and regulations.
Eligibility Requirements for EB5 Investor Visa
To be eligible for the EB5 Investor Visa, foreign investors must meet the following requirements:
- Investment amount: The investor must invest a minimum of $1.8 million in a new commercial enterprise or a minimum of $900,000 in a targeted employment area (TEA).
- Lawful source of funds: The investor must provide evidence of the lawful source of their investment funds, which must be obtained legally.
- Job creation: The investor must create at least 10 full-time jobs for U.S. workers within two years of the investment. These jobs can be direct or indirect; they can be created through the investor’s business or other businesses in the same geographic area.
- Management role: The investor must have a management role in the new commercial enterprise, including day-to-day management or policy formulation.
- Background check: The investor and their family must undergo a background check. They must also demonstrate that they do not have a criminal history or pose a threat to U.S. national security.
- Health requirements: The investor and their family must undergo a medical examination and demonstrate that they are not a public health risk.
The Application Process for EB5 Investor’s Visa
The application process for the EB-5 Investor Visa involves the following steps:
- File Form I-526
The investor must file Form I-526, a petition for alien entrepreneurs, with the U.S. Citizenship and Immigration Services (USCIS). The petition must demonstrate that the investor meets all the eligibility requirements for the EB-5 Investor Visa.
- Conditional Permanent Residency
If the petition is approved, the investor and their family members can apply for conditional permanent residency in the United States.
- File Form I-829
Within two years of receiving conditional permanent residency, the investor must file Form I-829, a petition by an entrepreneur to remove conditions. The petition must demonstrate that the investor has met the job creation and other eligibility requirements for the EB-5 Investor Visa.
- Permanent Residency
If the petition is approved, the investor and their family members can become permanent residents of the United States.
Benefits of EB5 Investor’s Visa
The EB5 Investor’s Visa offers several benefits to foreign investors, including:
- Permanent residency: Successful applicants and their families can obtain permanent residency in the United States.
- No work requirements: Unlike other types of visas, the EB5 Investor Visa does not require the investor to work in the United States.
- No language or education requirements: There are no language or education requirements for the EB5 Investor Visa.
- Flexibility: The investor can live and work anywhere in the United States and travel freely in and out of the country.
- Access to education and healthcare: Successful applicants and their families can access education and healthcare services in the United States.
- Path to citizenship: After five years of holding permanent residency, the investor and their family members may be eligible to apply for U.S. citizenship.
Related: A Comprehensive Guide on How to Apply for H1-B Visa: Eligibility and Application Process
Differences Between EB2 and EB5 Investor’s Visa
Here are the notable differences between the EB2 and EB5 Investor Visa:
| EB2 Investor Visa | EB5 Investor Visa |
| Requires a job offer from a U.S. employer. | Does not require a job offer from a U.S. employer. |
| Requires a minimum investment of $1.8 million or $900,000 in a Targeted Employment Area. | Requires a minimum investment of $500,000 in a designated regional center or $1 million in a non-regional center. |
| Requires the creation of at least 10 full-time jobs for U.S. workers. | Requires the creation of at least 10 full-time jobs for U.S. workers but allows for indirect job creation through investment in a regional center. |
| Allows for self-petitioning if the investor can demonstrate exceptional ability in a specific field. | Requires the investor to be sponsored by a regional center or to invest in a new commercial enterprise that will create jobs. |
| The investment must be in a business directly managed and controlled by the investor. | Investment can be made in a regional center or in a new commercial enterprise that is managed by others. |
Furthermore, both visas have specific eligibility requirements and application processes. Potential applicants should consult with an experienced immigration attorney to determine which visa is best suited for their circumstances.
Summary – EB2 and EB5 Investor’s Visa
The EB2 and EB5 Investor Visas offer foreign investors an opportunity to obtain a U.S. visa and potentially permanent residency by investing in a U.S. business. The EB2 visa is geared towards investors who want to actively manage their investment and have a larger investment budget. Meanwhile, the EB5 visa is more flexible in investment management and allows for indirect job creation through investment in a regional center.
Both visas have their own eligibility requirements, application processes, and benefits. The choice between the two depends on the individual circumstances of the investor.
Do You Need to Talk to an Immigration Attorney About Your EB2 and EB5 Investor’s Visa?
To succeed in your EB2 or EB5 investors visa application, you can contact our professional immigration attorney by dialing 914-481-8822. An experienced attorney will provide more information and legal guidance on the application process.
