How Much Money Is Required for an Investor Visa in the USA?

Joyce Pierce
April 23, 2024

Securing an investor visa in the United States typically involves a substantial financial commitment. The EB-5 Investor Visa Program, one of the primary pathways, allows foreign nationals to apply for a green card (permanent residence) by investing in the U.S. economy.

To qualify, applicants are required to invest either $1.8 million or $900,000 in a targeted employment area (TEA), which is generally a rural or high unemployment area.

The United States Citizenship and Immigration Services (USCIS) administers this program, intending to promote economic growth through job creation and capital investing by foreign investors.

In reviewing eligibility for an investor permit, USCIS closely scrutinizes the source of funds, the financing plan, and the projected economic benefits of the investment.

Compliance with all applicable laws and regulations is a must, and due diligence on their part is vital to ensure their purchase not only meets the requirements but also serves their broader financial interests.

Investors are encouraged to thoroughly research and consult with legal and financial experts before committing to any form of investment for immigration purposes.

Eligibility and Investment Requirements

The EB-5 program offers a pathway to U.S. permanent residency for foreign investors who meet specific eligibility requirements and make the necessary capital investment into a commercial enterprise within the United States.

These criteria are tightly regulated by the United States Citizenship and Immigration Services (USCIS) to ensure compliance and integrity of the program.

Understanding EB-5 Investor Visa Eligibility

To be eligible for the EB-5, an applicant must primarily meet the following conditions:

They must invest in a new commercial company or a troubled business.

The enterprise must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.

The investment must lead to the creation of employment for U.S. workers specifically; jobs not indirectly associated with the company do not qualify.

It is vital to note that the USCIS must approve the commercial business, and the investor must demonstrate that their acquisition will lead to direct job creation.

Determining Capital Investment Amounts

Capital investment requirements involve two primary capitalization thresholds:

Standard minimum investment:
- $1.8 million (as of the knowledge cutoff in 2023, and subject to inflation adjustments).

Reduced minimum cost of investing in a Targeted Employment Area (TEA):
- A TEA can be either a rural area or an area with high unemployment.

$900,000 (as of the knowledge cutoff in 2023, and subject to inflation adjustments).

Investors seeking lower investment options must ensure the enterprise is located in a TEA. This is significant as it aligns with the program’s objective to stimulate economic growth in these areas.

USCIS designates areas as being high unemployment or rural, and this designation plays a significant role in determining the capital expenditure threshold.

EB5 Global Ventures and similar entities work within these parameters to offer investment opportunities that comply with guidelines.

Potential investors need to consult with such firms or legal professionals to navigate the intricacies of the EB-5 program.

Visa Application Process

The Application Process for an applicant for a visa in the United States involves meticulous documentation and strict compliance with the regulations of the Immigrant Investor Program.

Filing Form I-526, Immigrant Petition by Alien Investor

To initiate the process, an applicant must file I-526, Immigrant Petition by Alien Investor. This form demonstrates the investor’s eligibility by documenting their investment in a new commercial enterprise associated with EB5 Global Ventures.

The applicant must provide evidence of the financing amount and prove that the funds were obtained lawfully.

Adjusting Status or Consular Processing

Upon approval of I-526, candidates may either adjust their status if they are already in the U.S. or proceed through consular processing if outside the country.

Adjustment of status requires submitting Form I-485 to obtain a green card, whereas consular processing involves an interview at a U.S. embassy or consulate. The appropriate path depends on the investor’s current location and immigration status.

Completing Form I-485 or DS-260

For investors adjusting status within the U.S., Form I-485 must be completed. This is required for the adjustment of status to a conditional permanent resident. In contrast, those using consular processing must complete

Form DS-260, which is the Online Immigrant Visa Application. A medical examination, submission of documents, including a valid passport, and an interview at a designated U.S. embassy or consulate are required parts of the process.

Additional Considerations for Investor Visa Applicants

Investor visa applicants must navigate a range of complex requirements beyond the initial investment threshold. This extends to family inclusion and understanding the roles of regulatory bodies.

Including Family Members: Spouses and Children

When an applicant applies for the EB-5 VISA program through entities like EB5 Global Ventures, they should consider their immediate family members. Spouses and unmarried children under the age of 21 may also be eligible for green cards as dependents. Investors must demonstrate the ability to support accompanying family members financially.

Spouse: Can obtain a green card, social security number, and employment authorization.

Children: Eligible for the same benefits, fostering family unity during the immigration process.

Understanding the Role of USCIS and the National Visa Center

USCIS (U.S. Citizenship and Immigration Services) and the National Visa Center (NVC) both play key roles in the EB-5 process.

This is responsible for assessing the eligibility criteria of the applicant and ensuring that the investment meets the EB-5 requirements. Once it approves the petition, it is then forwarded to the NVC for visa processing.

Key Functions:

USCIS: Evaluates petitions, and confirms lawful permanent resident eligibility.

NVC: Manages application submissions, and schedules interviews.

Each step is pivotal in the journey to becoming a lawful permanent resident and every applicant must furnish complete and accurate documentation to both entities.

Post-Approval Requirements and Maintaining Status

After approval of an EB-5 investor visa, individuals must adhere to specific job creation and business management responsibilities as they are also preparing for the I-829 petition to remove conditions for permanent residency.

Compliance with these criteria is vital to maintaining status and achieving permanent resident status in the United States.

Job Creation and Business Management Responsibilities

EB-5 holders are required to ensure that their operation leads to the creation of at least 10 full-time jobs for qualifying U.S. workers.

These jobs must be within the new commercial enterprise and are typically required to be sustained for a minimum of two years.

Investors working with EB5 Global Ventures and similar regional centers can count both direct and indirect job creation towards this requirement. Investors must actively manage the enterprise, or at least have a policy-making role if they have opted for the regional center investment route.

Each new commercial company must have a comprehensive business plan that outlines the projected job creation timeline and how the new company will maintain the required number of jobs.