Obtaining an investor visa in the United States typically involves applying for an EB-5 visa, which is specifically designed for immigrant investors. This program is known as the employment-based fifth preference visa that participants receive. Here are the general steps to get an EB-5 investor visa:
Investment Eligibility: To obtain an investor visa, you must ensure that you meet the basic eligibility criteria for the EB-5 program. You can go for any of these two paths:
Invest a minimum of $1.8 million in a new commercial enterprise (or $900,000 if investing in a targeted employment area, which is an area with high unemployment or a rural area).
Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the immigrant investor’s admission to the U.S.
Select a Suitable Investment Project: Choose a qualifying investment project. This can include starting a new business, investing in an existing business, or investing through a Regional Center, which is a government-approved organization that facilitates EB-5 investments.
Source of Funds: Demonstrate that the investment funds come from a legal and legitimate source. You’ll need to provide detailed documentation about the source of your investment capital.
File I-526 Petition: File an I-526 Immigrant Petition by Alien Investor with U.S. Citizenship and Immigration Services (USCIS). This petition establishes your eligibility for the EB-5 program. Once approved, you and your immediate family (spouse and unmarried children under 21) can proceed with the next steps.
Consular Processing or Adjustment of Status: If you are outside the U.S., you will go through consular processing at a U.S. embassy or consulate. If you are already in the U.S. in a lawful status, you can apply for an adjustment of status using Form I-485. This step is to obtain conditional permanent resident status.
Investment and Job Creation: You must invest the required capital into the chosen enterprise and ensure it creates or preserves the required jobs within the specified time frame (usually two years).
File I-829 Petition: After the two-year conditional period, file an I-829 Petition to Remove Conditions on Permanent Residence. This petition is to prove that you have met the investment and job creation requirements.
Receive Permanent Residency: If USCIS approves your I-829 petition, you and your family members will receive unconditional permanent residency (green cards).
Apply for U.S. Citizenship (Optional): After maintaining permanent residency for a certain number of years, you may be eligible to apply for U.S. citizenship if desired.
