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Characteristics of the EB5 Visa

  • Also known as the Immigration Investment program, the EB5 visa is the fifth preference category for employment-based visas.
  • The EB5 visa allows for permanent residence in the United States.
  • Qualified applicants must have invested a minimum of $1 million in a commercial enterprise, which has created or will create jobs for at least 10 U.S. workers. The U.S. Congress also designates some geographic areas as target areas, in which the foreign investor need only invest $500,000 in a troubled company in order to qualify for this visa. If the investment is not made in one of these target areas, the applicant needs to demonstrate that they are involved in the day-to-day operations of the business. The funds used for the investment must have been legally obtained.
  • Up to 10,000 of the EB5 visas may be issued annually, but to date this quota has not yet been met. In 2009, for example, only about 4,000 were issued.
  • This visa does not require a labor certification or a permanent job offer, and has a very high approval rate. For example, in 2010, applicants were met with over an 85% approval rate.

Our Services

If you are considering making an investment in the U.S. economy in order to obtain permanent residency, call us today for a consultation. Our experienced attorneys can consult with you on the latest immigration regulations, to help ensure that your money is invested properly in order to obtain this visa. We are experienced in working with the U.S. Labor Dept. to obtain visas for temporary and permanent residency in the United States, and will be an advocate on your behalf to ensure that your petition is met with success.

At Eaton & Associates, we have a long history of working with foreign employers and investors to arrange for residency in the United States. We invite you to reach us by phone or meet with us in one of our locations described below.