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EB-5 Immigrant Investor Visa Attorneys

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What is an EB-5 Immigrant Investor Visa?

Foreign investors applicants and their spouses and children under 21 years old can obtain their permanent residency green card through an EB-5 Visa program that was recently relaunched in the United States.

In general, the investor must meet capital investment amount requirements, job creation requirements, and ensure that the business receiving the investment qualifies for the EB-5 program. Once all requirements have been successfully met and approved by the USCIS, EB-5 visa applicants, their spouse, and their children under 21 will obtain their permanent residency green card.
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EB-5 Visa Requirements

Must meet all of the following: 

  • $1.05 million capital investment or $800,000 in a targeted employment area (TEA);
  • The investment must be made in a for-profit U.S. commercial entity; and 
  • The investment must create 10 full-time U.S. jobs for 2 years.


The EB-5 investment can take the form of cash, equipment, inventory, secured indebtedness, tangible property, or cash equivalents and is valuated based on U.S. dollar fair-market value.

The minimum amount of capital required for the EB-5 visa program may be reduced from $1.05 million to $800,000 if the investment is made in a commercial entity that is located in aTEA. The TEA EB-5 project must either be in a rural area or in an area that has high unemployment in order to qualify for TEA designation.


The USCIS requires that the investment results in the creation of 10 full-time jobs for U.S. workers. These jobs must be created within the 2-year period after the investor has received their conditional permanent residency. However, the investor may only have to show that 10 full-time indirect or induced jobs were created if the investment was made in a EB-5 regional Center. Indirect jobs are those created in businesses that supply goods or services to the EB-5 project. Induced jobs are jobs created within the greater community as a result of income being spent by EB-5 project employees. In limited cases, the investor must be able to prove that their investment led to the creation of direct jobs for employees who work directly within the commercial entity that received the investment.


There are several types of business entities in which a visa applicant can invest. Applicants can invest directly in a new commercial enterprise or in a EB-5 Regional Center. There are many approved EB-5 Regional Centers that applicants can also invest in. Regional centers that administer EB-5 projects. This can be more advantageous for an investor because the investor will not have to independently set up the EB-5 projects.

New commercial enterprises must have been established after November 29, 1990 and be lawful for-profit entities, The business structure includes corporations, general or limited partnerships, sole proprietorship’s, business trusts, or other privately or publicly owned business structures. An older commercial enterprise may qualify under specific circumstances. 

Contact a Salt Lake City Fiancé Visa Attorney at Familia America Today

Attorney Gloria Cardenas brings more than 30 years of experience in immigration law to help protect the rights of clients and their family members. She and her knowledgeable team at Familia America work diligently behind the scenes to help process fiancé visa applications as quickly as possible. To learn more, contact the legal professionals at Familia America in Salt Lake City and schedule a consultation to discuss your case.

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