What is EB-5 Investor Visa?

Posted by Nishu Sharma | Oct 25, 2022 | 0 Comments

Our blogs aim to answer your most common questions and update you on the latest developments relating to US Immigration Law. This blog is part of our new series, where we will discuss a specific immigrant/non-immigrant visa in detail through multiple blogs.

The first topic of our new series is the EB-5 Investor visa. US Congress created this employment-based 5th preference (EB-5) immigrant visa category to benefit the U.S. economy by providing an incentive for foreign capital investment in commercial enterprises that create or preserve U.S. jobs. To encourage certain types of investments, Congress amended the INA on March 15, 2022, to reserve 20 percent of the EB-5 visas for investors in rural areas, 10 percent for investors in high-unemployment areas, and 2 percent for investors in infrastructure projects. In addition, EB-5 visas are authorized for investors in the Regional Center Program through September 30, 2027.

The Immigration and Nationality Act (INA) authorizes approximately 10,000 visas each fiscal year for immigrant investors (including their spouses and unmarried children under the age of 21) who have invested or are actively in the process of investing in a new commercial enterprise and satisfy the applicable job creation requirements. Upon the adjustment of status or admission to the United States, immigrant investors and their derivative family members receive conditional permanent resident status for a 2-year period. Ultimately, if the applicable requirements have been satisfied, USCIS removes the conditions, and the immigrants become lawful permanent residents (LPRs) of the United States without conditions.

The INA initially established a threshold investment amount of $1,000,000 U.S. dollars per investor and provided the ability to raise the amount by regulation. On March 15, 2022, the EB-5 Reform and Integrity Act of 2022 was signed into law, which raised the standard investment amount to $1,050,000. Petitions filed on or after March 15, 2022, are subject to this higher amount. The minimum amount for investing in a targeted employment area (TEA) was previously set at 50 percent of the standard minimum investment amount, $500,000 U.S. dollars per investor, but increased to $800,000 for petitions filed on or after March 15, 2022, and now also includes investments into infrastructure projects.

The upcoming blogs will discuss the EB-5 eligibility requirements, Regional Center Designation, Immigrant Petition by Alien Investor, etc.

We regularly update our blog section to acquaint the community with to latest changes in Immigration policies. Please note the information in this blog is for informational purposes only and is not intended to be nor should it be construed as legal advice. We can promptly and efficiently represent clients located anywhere in the US or abroad on US Immigration Policies. If you seek further clarification, don't hesitate to contact SanSha Law Office at [email protected] or call us at 469-777-6161.

About the Author

Nishu Sharma

Ms Nishu Sharma is the founder and Managing Attorney of SanSha Law Offices PLLC. It was founded on the principle and commitment to serve the people with the best service that we can provide. The firm has served clients from Texas and other states of the US. She has handled all kinds of complex im...

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