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.
To qualify as an immigrant investor for petitions filed on or after November 21, 2019, a foreign national must invest, without borrowing, the following minimum qualifying capital dollar amounts in a qualifying commercial enterprise:
$1,000,000 (U.S.); or
$500,000 (U.S.) 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 are:
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
To be considered for an E5 immigrant investor visa, an applicant must file Form I-526, Immigrant Petition by Alien Entrepreneur, with U.S. Citizenship and Immigration Services (USCIS). For more information on qualifying as an immigrant investor and filing the Form I-526 petition, see EB-5 Immigrant Investor, EB-5 Immigrant Investor Process, EB-5 Regional Centers, and Permanent Workers on the USCIS website.
Labor certification is not required for immigrant investors.
The Form I-526 petition must be approved by the USCIS before applying for an immigrant visa at a U.S. Embassy or Consulate outside the United States.
The First Step: File a Petition
To be considered for an E5 immigrant investor visa, an applicant must file Form I-526, Immigrant Petition by Alien Entrepreneur, with U.S. Citizenship and Immigration Services (USCIS). For more information on qualifying as an immigrant investor and filing the Form I-526 petition, see EB-5 Immigrant Investor, EB-5 Immigrant Investor Process, EB-5 Regional Centers, and Permanent Workers on the USCIS website.
Labor certification is not required for immigrant investors.
The Form I-526 petition must be approved by the USCIS before applying for an immigrant visa at a U.S. Embassy or Consulate outside the United States.
Next Steps: Fees and Visa Application
After USCIS approves the petition, it is sent to the National Visa Center (NVC). Once received, NVC will assign a case number for the petition. When an applicant’s priority date meets the most recent qualifying date, NVC will instruct the applicant to complete Form DS-261, Choice of Address and Agent. (NOTE: If you already have an attorney, NVC will not instruct you to complete Form DS-261). NVC will begin pre-processing the applicant’s case by providing the applicant with instructions to submit the appropriate fees. After the appropriate fees are paid, NVC will request that the applicant submit the necessary immigrant visa documents, including application forms, civil documents, and more.
Can My Family Members also Receive Immigrant Visas?
Based on your approved petition, your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you. Like you, they must also fill out required application forms, obtain required civil documents, pay the required fees, and undergo medical examinations. Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS. For further information, please schedule a consultation.