Frequently Asked Questions About EB-5 Visas

The EB-5 Immigrant Investor Program offers a path to U.S. residency for foreign investors who meet specific requirements. Below are some of the most commonly asked questions about the EB-5 visa process.

What is a Targeted Employment Area (TEA)?

A Targeted Employment Area (TEA) is a region that has experienced a high unemployment rate, typically 150% of the national average. These areas are often found in high-poverty or densely populated regions. Investing in a TEA allows applicants to qualify for the EB-5 program with a lower required investment amount compared to non-TEA locations.

How long can I stay in the United States on an EB-5 visa?

Upon approval of an EB-5 visa, investors and their qualified dependents receive conditional permanent residency for two years. Before the end of this period, they must apply to remove conditions on their residency. If approved, they will be granted full lawful permanent resident status (a Green Card), allowing them to stay in the U.S. indefinitely.

Can my immediate family come with me on an EB-5 visa?

Yes. The EB-5 visa program allows the primary investor’s spouse and unmarried children under the age of 21 to accompany them to the United States. Each family member will receive conditional residency status along with the primary applicant.

How much do I need to invest for an EB-5 visa?

The minimum investment amount is $800,000 for projects located in a TEA and $1.05 million for projects outside of a TEA. These investment thresholds are subject to change based on U.S. immigration policies.

What are the job creation requirements for the EB-5 program?

Investors must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of their investment. These jobs must be directly associated with the new commercial enterprise or regional center project in which they are investing.

How long does the EB-5 process take?

Processing times for EB-5 petitions can vary based on the investor’s country of origin and USCIS backlog. On average, it may take anywhere from two to five years to receive conditional residency. Working with an experienced immigration attorney can help streamline the process and ensure compliance with all program requirements.

Why Should I Consult an Immigration Attorney?

Navigating the EB-5 program can be complex, and requirements frequently change. Consulting with a trusted immigration attorney like Isa Law ensures that your investment meets program regulations and maximizes your chances of a successful application.

For more information on EB-5 visas or to schedule a consultation, contact Isa Law today!

 

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Isadora Velazquez, Esq.
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