All You Need to Know About Applying for an EB-5 Visa

Nigel Scott • September 28, 2023

The EB-5 visa, or immigrant investor program, is a popular pathway for foreigners who want to invest their money and establish a new life in the United States. Through this visa, investors can procure green cards for themselves and their immediate family members. However, the process of applying can be long and complicated, and the stakes are high since a significant investment is required. In this article, we'll guide you through the application process, from the eligibility requirements to the interview, and explain how an attorney can help.


Who is eligible?

To be eligible for an EB-5 visa, there are three primary requirements: the investment requirement, the job creation requirement, and the source-of-funds requirement. First, the investor must make a minimum investment of $900,000 for a targeted employment area (TEA), or $1.8 million for a non-TEA project. Second, the investment must create at least ten full-time jobs for American workers. Finally, investors must prove that their capital came from lawful sources. If an investor meets these three requirements, they can file Form I-526, the Immigrant Petition by Alien Entrepreneur.


What documents are required?

The following essential documents are required for an EB-5 visa application:

- Proof of investment, including evidence of the source of funds

- Evidence of job creation through the investment

- Personal identification documents, including passports and birth certificates

- Criminal and civil court records

- Medical exam results


What happens in the interview?

The next step of the EB-5 visa process is the interview, where officials from the United States Citizenship and Immigration Services (USCIS) will verify the information provided in the application. During the interview, they will ask about the investor's background, investment source, and plans to create jobs. Additionally, they might ask about an investor's intentions to live in the United States.


How can an attorney help me?

An experienced immigration attorney can help investors navigate the complex EB-5 visa application process. They can review an investor's case, ensure the I-526 petition is completed correctly, assist with gathering necessary documents, and provide interview coaching. An attorney can also help investors choose the right project to invest in, determine if an investment is compliant with USCIS regulations, and appeal a denied EB-5 application.


The EB-5 visa offers a great opportunity for foreign investors to immigrate to the United States. However, the application process is complicated and involves significant financial investment. Through this article, we hope we have provided a better understanding of the application process, including eligibility, required documents, and the interview process. An immigration attorney can be an asset to investors seeking to apply for an EB-5 visa, and at Aegis Law LLC, we are happy to provide legal assistance to those seeking an EB-5 Investor visa in Pennsylvania.

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