What is the U.S. EB-5 Immigrant Investor Visa?
The EB-5 Immigrant Investor Program is a U.S. Green Card program that allows foreign investors to obtain permanent residency by investing in the U.S. economy. By meeting the investment and job creation requirements, investors and their families can secure U.S. Green Cards and enjoy long-term residency benefits.
At Sahin Legal Consultancy, we specialize in EB-5 visa applications, guiding investors through investment selection, legal compliance, and application filing to ensure a smooth and successful process.
Who is Eligible for an EB-5 Visa?
To qualify for an EB-5 Green Card, applicants must meet the following conditions:
✅ Invest a minimum of $800,000 or $1,050,000 in a qualifying U.S. business.
✅ Create at least 10 full-time jobs for U.S. workers.
✅ Invest in a “New Commercial Enterprise” (NCE) or Regional Center project.
✅ Prove the investment funds come from a legal source.
✅ Demonstrate active or policy-forming involvement in the business.
Investment Requirements for EB-5
📌 Investment Amount:
- $800,000 – If investing in a Targeted Employment Area (TEA) (rural areas or areas with high unemployment).
- $1,050,000 – For investments outside TEAs.
📌 Types of Investments:
- Direct Investment – Start or invest in your own U.S. business.
- Regional Center Investment – Invest in a government-approved project with job creation oversight.
📌 Job Creation Requirement:
- The investment must generate at least 10 full-time jobs for U.S. citizens, Green Card holders, or other authorized workers.
📌 Investment Funds Source:
- Must prove the funds are legally obtained (business earnings, salary, property sales, inheritance, etc.).
Step-by-Step Guide to Applying for an EB-5 Visa
Step 1: Choose Your Investment Type
- Direct Investment – Establish or invest in a business you control.
- Regional Center Investment – Passive investment with pooled funds in USCIS-approved projects.
Step 2: File Form I-526 (Immigrant Petition by Alien Investor)
- Submit Form I-526 to USCIS to prove the investment meets EB-5 requirements.
- Processing times vary (12-36 months).
Step 3: Adjustment of Status or Consular Processing
- If in the U.S., file Form I-485 (Adjustment of Status).
- If outside the U.S., complete Consular Processing at a U.S. Embassy.
Step 4: Receive a Conditional Green Card
- If approved, investors and their families receive a 2-year conditional Green Card.
Step 5: File Form I-829 (Remove Conditions on Green Card)
- After 2 years, submit Form I-829 to prove that:
- The investment remained active.
- The required jobs were created.
- Once approved, the investor receives a permanent Green Card.
Processing Time for EB-5 Visa
🕒 I-526 Petition Approval: 12-36 months.
🕒 Conditional Green Card Processing: 6-12 months.
🕒 I-829 Removal of Conditions: 18-30 months.
Total estimated time: 4-6 years for permanent Green Card status.
Benefits of the EB-5 Visa
✔️ Green Card for Entire Family – Includes spouse and children under 21.
✔️ No Employer Sponsorship Required – Investors self-petition.
✔️ Live & Work Anywhere in the U.S. – No job or location restrictions.
✔️ Pathway to U.S. Citizenship – Eligible to apply for U.S. citizenship after 5 years.
✔️ Access to Education & Healthcare – Study at top U.S. universities at in-state tuition rates.
Common Challenges & How to Overcome Them
❌ Source of Funds Scrutiny
Solution: Provide detailed financial records (tax returns, bank statements, business documents).
❌ Delays in USCIS Processing
Solution: Consider expedited processing options or alternative investment visas (E-2, L-1, EB-1C).
❌ Investment Project Fails to Meet Requirements
Solution: Choose a reliable Regional Center or work with an immigration attorney to evaluate direct investments.
FAQs About the EB-5 Immigrant Investor Visa
Q1: How long does it take to get a Green Card through EB-5?
- The full process takes 4-6 years (from I-526 filing to permanent Green Card approval).
Q2: Can I get my investment back?
- Yes, but only after the investment has created 10 jobs and met EB-5 program requirements.
Q3: Do I need to manage the business full-time?
- No, investors must be actively involved or in a policy-making role, but direct management is not required.
Q4: Can my spouse and children also get Green Cards?
- Yes, your spouse and unmarried children under 21 receive Green Cards with you.
Q5: Can I use a loan for the EB-5 investment?
- Yes, but the loan must be secured by your own assets (not the U.S. business).
Why Choose Sahin Legal Consultancy for Your EB-5 Visa Application?
✅ Investment Guidance – Assistance in choosing the right investment type.
✅ Comprehensive Document Review – Ensuring all paperwork meets USCIS standards.
✅ Source of Funds Compliance – Helping prove your investment is legal.
✅ Legal Support for USCIS Requests – Assisting with RFEs and appeals.
✅ Ongoing Green Card Support – Assistance with I-829 filing and permanent residency steps.
📞 Call us today to start your EB-5 visa process!
📍 Based in London – Assisting investors worldwide with U.S. immigration
