E-B5 Investor Visa – Lim Law, P.A.
What is the EB-5 Visa?
The EB-5 visa is for foreign investors who wish to make a significant investment in the United States in order to receive permanent residency for themselves, their spouses, and unmarried children under the age of 21. There are different requirements and forms depending on where you choose to invest your money.
Navigating the process of investing in a business and applying for the EB-5 visa is complicated. Having a lawyer who is experienced and trustworthy may improve your application experience and help you achieve your goal of becoming a permanent resident of the United States.
Who Qualifies for an EB-5 Investor Visa?
Every fiscal year (October 1st – September 30th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law. Employment based immigrant visas are divided into five preference categories.
This webpage explains the visa application process for Employment Fifth Preference (E5) Immigrant Investors, also called Immigrant Entrepreneurs. Select Employment Based Immigrant Visas for additional employment based immigrant visa categories. U.S. immigration law makes visas available to immigrant investors seeking to enter the United States to engage in new commercial enterprises that benefit the U.S. economy through job creation and capital investment. E5 investors receive up to 7.1 percent of all employment based immigrant visas issued worldwide each year.
To qualify as an immigrant investor, a foreign national must invest, without borrowing, the following minimum qualifying capital dollar amounts in a qualifying commercial enterprise:
- $1,000,000 US; or
- $500,000 US in a high-unemployment or rural area, considered a targeted employment area.
A qualifying investment must, within two years, create full-time jobs for at least 10 U.S. citizens, lawful permanent residents, or other immigrants authorized to work in the United States, not including the investor and the investor’s spouse, sons, or daughters.
Immigrant investor visa categories:
- Employment creation outside a targeted area – C5
- Employment creation in a targeted rural/high unemployment area – T5
- Investor Pilot Program not in a targeted area – R5
- Investor Pilot Program in a targeted area – I5
For more information on business investment in the United States, see the U.S. Department of Commerce website SelectUSA.
At Lim Law, we have battled many cases in Central Florida and Orlando Immigration courts. With over 19 years of experience in Florida immigration cases, we are the types of attorneys that will help you get your problems resolved.
EB-5 Visa Requirements
To qualify for an EB-5 visa, you must invest either $1,000,000 (U.S.) or $500,000 (U.S.) in a high-unemployment or rural area (considered a targeted employment area) in a qualifying commercial enterprise.
Your investment must create full-time jobs within two years for at least 10 individuals. These employees may be U.S. citizens, lawful permanent residents, or other immigrants authorized to work in the United States, but not the investor, the investor’s spouse, sons, or daughters.
C5: Employment creation outside a targeted area
T5: Employment creation in a targeted rural/high-unemployment area
R5: Investor Pilot Program not in a targeted area
I5: Investor Pilot Program in a targeted area
EB-5 Visa Facts
- Minimum investment in a targeted employment area: $500,000 USD
- Minimum investment not in a targeted employment area: $1,000,000 USD
- Investment must create or preserve 10 full-time jobs over a 2 year period
- Created jobs do not include employment for the immigrant investor, his or her spouse, sons, or daughters
- Investment must be in a new
- Investment must not be borrowed
- 7.1% of US employment-based visas awarded are EB-5 visas
- The visa allows your spouse and
unmarried children under the age of
21 to receive permanent residence as well