Requirements of the EB-5 Visa Under the Pilot Program
Requirements of the EB-5 Visa Under the Pilot Program
The EB-5 Immigrant Investor Program is considered one of the fastest ways of obtaining permanent U.S. residence. The EB-5 is governed by the United States Citizenship and Immigration Services (USCIS) which sets all guidelines and requirements pertaining to immigration and the EB-5 process.
The first requirement is that the foreign EB-5 applicant must have at least $500,000 capital in full to invest into an approved EB-5 program. The applicant must also be able to prove that the funds are lawfully obtained and where they derive from. Keep in mind that the $500,000 is just the initial investment, there are other fees. There are application fees, administrative fees and other fees that the applicant is required to pay.
The investor must also be able to pass an extensive background check performed by the U.S. government and also a medical examination. These two steps take place during the first phase of the EB-5 investment process which is the filing of an I-526 petition. An I-526 petition is the application for conditional status in the U.S. and is filed by the foreign applicant and the applicant's immigration attorney.
Once the I-526 is approved, the foreign investor, the investor's spouse and their unmarried children under the age of 21 receive conditional status in the United States. This means that they must enter the United States at least one time every 180 days to keep their conditional status. This status remains until the EB-5 project is complete and all other requirements are met in regards to the development of the chosen EB-5 project.
Either direct or indirect creation of at least 10 full-time jobs for U.S. workers is the main requirement of the EB-5 project chosen; full time defined as working at least 35 hours per week. Direct creation is the employment of workers within the EB-5 project, for example if the project is a restaurant, a waitress or cashier would be considered a direct job creation. Indirect creation adheres to perhaps the construction phase of the project, workers who are not directly working for the EB-5 project.
Once construction is complete and the USCIS examines that the project fulfills the job creation requirement the investor and the investor's immigration attorney must then file an I-826 petition to have their conditional status removed in place of permanent residence.
For more information and details on the EB-5 program, visit http://www.eb5exclusive.com where all of the latest EB-5 news and resources can be found.
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