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  • Writer's pictureJeffrey Marathas

Understanding the EB-5 Visa Program: A Comprehensive Guide

The EB-5 visa program is a unique opportunity for foreign investors seeking permanent residency in the United States. Established by the U.S. Congress in 1990, the EB-5 program provides a pathway to a green card for individuals who make a qualifying investment in a new commercial enterprise that creates jobs for U.S. workers. In this guide, we will delve into the details of the EB-5 program, including its requirements, benefits, and application process.


What is the EB-5 Visa Program?

The EB-5 visa program, also known as the Immigrant Investor Program, is designed to stimulate the U.S. economy through job creation and capital investment by foreign investors. To qualify for an EB-5 visa, an individual must invest a minimum amount of capital in a new commercial enterprise that will create or preserve at least 10 full-time jobs for qualifying U.S. workers.


EB-5 Investment Requirements:

To be eligible for the EB-5 program, an investor must make a qualifying investment in a new commercial enterprise. The minimum investment amount is $1.8 million, or $900,000 if the investment is made in a targeted employment area (TEA), which is defined as a rural area or an area with high unemployment. The investment must also create or preserve at least 10 full-time jobs for U.S. workers within two years of the investor's admission to the United States as a conditional permanent resident.


Benefits of the EB-5 Visa:

One of the primary benefits of the EB-5 visa is that it provides a direct path to permanent residency (a green card) in the United States for the investor, their spouse, and their unmarried children under the age of 21. Once the investor and their family members become lawful permanent residents, they can live and work in the United States indefinitely, attend school, and enjoy many of the same rights and privileges as U.S. citizens.


Application Process:

The application process for the EB-5 visa involves several steps. First, the investor must file a Form I-526, Immigrant Petition by Alien Investor, with U.S. Citizenship and Immigration Services (USCIS), along with supporting documentation to demonstrate that they meet the program's requirements. Once the I-526 petition is approved, the investor and their family members can apply for conditional permanent residency by filing a Form I-485, Application to Register Permanent Residence or Adjust Status, or by consular processing if they are outside the United States.


The Marathas Firm's Approach:

At The Marathas Firm, we understand the complexities of the EB-5 visa program and are dedicated to helping our clients navigate the process with ease. Our team of experienced attorneys works closely with investors to develop personalized strategies that meet the program's requirements and maximize their chances of success. From initial consultation to final approval, we are committed to providing our clients with the highest level of service and support.


Conclusion:

The EB-5 visa program offers foreign investors a unique opportunity to obtain permanent residency in the United States by making a qualifying investment in a new commercial enterprise. By understanding the program's requirements, benefits, and application process, investors can take advantage of this pathway to achieve their immigration goals and contribute to the growth of the U.S. economy.

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