usa eb5

If you want to immigrate to America, work and get a permanent residence permit, the EB-5 Visa program is for you!

WHAT IS EB-5 VISA?

With the EB-5 Investment Program, the United States supports job growth and economic development through foreign investors.

Foreign investors who benefit from the EB-5 Visa Program can be eligible to get a Green Card with their families. The EB-5 Visa is called an immigrant visa provided to investors and foreigners who want to invest a enterprises in the United States to become permanent residents. In order to be eligible for this visa type, the foreign person is required to invest at least $800.000.

After providing the minimum investment amount, the invested business must provide full-time jobs for 10 US citizens. EB-5 Visa is only valid for for-profit commercial enterprises and investments and it is not possible to apply for this visa type with real estate investments.

WHAT ARE THE REQUIREMENTS FOR THE EB-5 VISA PROGRAM?

  • Investment in a new business in or out of the Targeted Employment Area is required:
  • The minimum investment amount for an investment in the Targeted Employment Area is $800.000.
  • The minimum investment amount for investment outside the Targeted Employment Area is $1.050.000.
  • Evidence of the source of the invested funds must be provided. (Investment funds must be legal).
  • The investment must provide job opportunities for 10 US citizens.

WHAT IS A TARGETED EMPLOYMENT AREA?

A Targeted Employment Area (“TEA”) is defined as a rural area or an area with an unemployment rate at least 150% above the national employment average.

WHO IS ELIGIBLE FOR THE EB-5 VISA PROGRAM?

Two types of investors can benefit from the EB-5 visa. Firstly, people who establish a small business and invest in a commercial enterprise to be managed personally are called first type investors. The first type of investor is required to provide job opportunities for at least 10 US citizens.

In the second type of investor type, with the program called Regional Center, the applicant is given the opportunity to invest in a developing project by coming together with many investors through the regional centre. In this type of investment, the responsibility belongs to the Regional Center. The fact that the responsibility belongs to the Regional Center reduces the risk of the investor to zero. By investing in a project determined by the Regional Centre, the investor can benefit from the EB-5 Visa Program without any physical effort.

  • People who establish a new enterprise
  • People who invest in an established business
  • People who buy an established business
  • People who invest in a project located in the Regional Centre

IN WHICH AREAS CAN AN INVESTOR INVEST TO OBTAIN AN EB-5 VISA?

In order to obtain an EB-5 Visa, the investor can invest directly or invest in the Regional Centre. In direct investment, the investor can establish his/her own business or take over an established business. Regional Centres are specialist companies that raise funds from multiple investors for large-scale real estate construction projects such as a resort, hotel or complex.

WHAT IS A REGIONAL CENTER?

A Regional Center is a business that raises capital from more than one investor to develop a project. The Regional Centres aim to develop the country’s economy and create job opportunities. The investment areas of Regional Centres are usually real estate projects such as hotels, resorts, apartment complexes.

WHAT ARE THE ADVANTAGES OF THE EB-5 VISA PROGRAM?

  • With the EB-5 Visa Program, the investor, his/her spouse and children under the age of 21 are eligible for a Green Card.
  • Children of the investor can have the right to education in the USA. 
  • EB-5 Visa holders can live and work in the USA in any region they want.
  • After residing in the USA for 5 years, you are eligible to apply for US citizenship.
  • There is no minimum language or education requirement to apply for the EB-5 Visa Program.

HOW DOES THE PROCESS OF OBTAINING AN AMERICA EB-5 VISA PROCEED?

In order to obtain an EB-5 Visa, all necessary conditions must be met. If the project to be invested in does not meet the requirements of the EB-5 Visa Program, your application will not be approved. It is necessary to find the right project to invest in. For this process, it is necessary both to invest in a project that meets all the requirements of the EB-5 Visa Program and to make a profit from the invested business. Since the stage of determining the business to be invested in is difficult, it is necessary to work with a team of experts in this field. At this stage, our expert team both in Turkey and in the United States of America will help you in this process by answering all your questions in detail.

Our expert team will follow the process for you so that you do not have any problems in the process of collecting all the documents required to qualify for this visa type according to your conditions.

Step 1

Investment is made by selecting the type of investment and the business to be invested in. Funds are invested in the new enterprise.

Step 2

All documents required for the application are collected and I-526 form is filled. The application form and necessary documents are submitted to USCIS (The United States Citizenship and Immigration Services).

Step 3

Your application will be evaluated by the United States Citizenship and Immigration Services (“USCIS”). After the evaluation, you will be interviewed at the US Embassy. If the application is approved, the applicant and his/her family will get a conditional Green Card for 2 years. The application will be approved within 12-18 months. There are a number of requirements that must be met to apply for an EB-5 Visa and one of those requirements is hiring 10 full-time US citizens.  As you do not have to hire the workers immediately, the government will issue you a conditional green card for two years. At the end of the two years, you will be required to prove that you have met the conditions and hired the required employees. The Green Card holder must stay in the United States for at least 180 days per year.

Step 4

Before the 2-year conditional Green Card expiry date, the investor must submit a petition.After 2 years of conditional residence in the USA, the I-829 Form is filled out and an application for permanent residence is submitted. If you meet all the requirements of the EB-5 Visa Program, this application is approved within 6-8 months. The conditions are really about making sure that the business is legitimate and continuous and that investor actually hire 10 US citizens.  After the two year period, investor can apply to the government and ask for the conditions to be removed.  Removing the conditions can be complicated, but in general, as long as investor fulfil the conditions, investor can get their unconditional Green Card.

Step 5

US citizenship can be applied for after at least 5 years of permanent residence in the US.

WHAT IS I-526 APPLICATION FORM?

The I-526 form is the form that an investor who wants to immigrate to the USA through the EB-5 Visa Program must fill out for the application. The I-256 application form contains details of the investment and the project in which the investor has invested the funds.

WHAT IS I-829 APPLICATION FORM?

The I-829 form is the name of the form that investors with a conditional 2 year Green Card fill out for their application. Before the 2-year conditional Green Card expires, the investor fills out an I-829 application form. In order to remove the conditions on the residence permit, it is necessary to prove that 10 US citizens are working in the project in which they invest. With this application form, the investor will obtain the right to live, work and study in the USA for life.

HOW CAN WE HELP YOU IN THIS PROCESS AS CELIKTAS LAW FIRM?

As Celiktas Law Firm, we provide investment immigration services in various countries around the world, especially in Turkey. In many countries around the world, we assist applicants in determining options for residence and citizenship with investment programs according to the opportunities of the applicants.

We support our clients from many countries who want to immigrate and live in the USA to obtain EB-5 Visa and Green Card. If you want to live in America and get information about the EB-5 Visa, you can contact our experienced team for all legal services. 

Our law firm is ready to assist you in managing the process of living in the USA by answering all your legal questions with its team, each of whom is an expert in their field, knowledgeable and experienced in current legislation and practices, working both in Turkey and in the USA.