People immigrating to the USA each year is increasing. Around 1,40,000 employment-based immigrant visas are granted to qualified applicants. This happens under the provisions of U.S. Immigration Law. There are five preference categories under which Employment-based immigration visas are divided. In this article, I will explain the visa application process for Employment Fifth Preference (E5) Immigrant Investors.
It is also called as Immigrant Entrepreneurs. Investors who want to enter the US, the immigration law of the US makes visas available to such people. These investors want to enter the US and get involved in new commercial enterprises that are beneficial for the US economy. They help in creating more jobs and capital investment.
If you want to qualify as an immigration investor, you must have the capital to invest without borrowing. The minimum qualifying capital dollar amount needed in qualifying commercial enterprise is $1,000,000 (U.S.), or $500,000(U.S.) in a rural area or a high-unemployment area. Also, the qualifying investment must be capable of creating full-time jobs for at least 10 U.S citizens or lawful permanent residents or other authorized immigrants, within two years’ time. this does not include the investor’s sons, daughters, or spouse, and the investor himself.
The categories of Immigrant Investor Visa are:
- Employment Creation in a targeted rural/high unemployment area – T5
- Employment creation outside a targeted area – C5
- Investor Pilot Program not in a targeted area – R5
- Investor Pilot Program in a targeted area – I5
You do not need the Labour Certification if you are an immigrant investor. If you are applying for an E5 immigrant investor visa, you must file Form I-526 Immigration Petition by Alien Entrepreneur, with USCIS (U.S. Citizenship and Immigration Services). You must check the USCIS website for more information on qualifying as an immigrant investor and for filing the Form I-526 petition. Check EB-5 Immigration Investor, EB-5 Immigration Investor Process, Permanent Workers, and EB-5 Regional Centres.
New Regulation 2019 Regarding Total Expenses on Immigration to the USA on Investor Visa
With effect from 21 November 2019, the US Citizenship and Immigration Services (USCIS) announced some regulations and made major changes in the EB-5 Immigrant Investor Program. One major change is that earlier the minimum investment of $1 million was required from each EB-5 investor, which has been reduced to $500,000 in a high employment area, or certain rural areas. As per the new regulation, the investment has been raised to $1.8 million or $900,000 in a Targeted Employment Area (TEA).
The new regulation also says that the Department of Homeland Security (DHS) will designate the regional centres, unlike the old rule where states do this task. These changes made in November,2019 will end up in some developments in rural and distressed areas. The EB-5 program helps in budgeting several high-end townhouse developments.