EB-5 Visa Requirements

REQUIREMENTS

Documentation requirements for obtaining an EB-5 Visa are summarized on the official USCIS web site at http://www.uscis.gov/working-united-states/permanent-workers.

While the following list is a good guide for helping people unfamiliar with the EB5 program to understand USCIS requirements for filing an EB-5 Visa application, it is not intended to replace the advice of an experienced immigration attorney.

If you have questions about the EB-5 Immigration Process, please Contact Us to meet one of our recommended attorneys.

USCIS DOCUMENTATIONS REQUIREMENTS

Personal Documents

The following personal documentation is required:

  • Passports
  • Employment and Business Documents
  • Family Certificates
  • Police Certificates
  • Court/Prison Records
  • Military Records
  • Photographs

Passports

Passport copies must be provided for each member of the family. Passports must be valid for travel to the United States and must have at least 6 months validity beyond the issuance date of the visa. Household members can include husband, wife, and all unmarried children under the age of 21.

Employment and Business Documents

Information regarding the investor’s education, employment history, and business experience are required, including, but not limited to, resumes, diplomas, and business registrations/licenses.

Family Certificates

Copies of birth and marriage certificates must be provided for all individuals applying for a green card under the investor’s application, including spouse and children under the age of 21 at the time of application. For birth certificates, one certified copy of the birth certificate for each person should be submitted. Birth records must be presented for all unmarried children under the age of 21 even if they do not wish to immigrate at the time. For marriage certificates, one certified copy of the marriage certificate or proof of termination of any previous marriage(s) must also be submitted (e.g., death certificate of spouse, final decree of divorce or annulment).

Police Certificates

Each visa applicant 16 years or older is required to submit a police certificate from the police of each locality to the country of the applicant’s nationality or current residence, or where the applicant has resided for at least 6 months since turning 16. Police certificates are also required from all other countries where the applicant has been arrested for any reason, and must be of recent date when presented. Police certificates must cover the entire period of the applicant’s residence in any area.

Court/Prison Records

Persons who have been convicted of a crime must obtain a certified copy of each court record and of any prison record, regardless of subsequent benefit from an amnesty, pardon or other act of clemency.

Military Records

A certified copy of any military record should be submitted.

Photographs

Two color photographs in passport style are required. No head covering or dark glasses should be worn.

FINANCIAL DOCUMENTS

The following financial documentation is required:

  • Source of Funds
  • Transfer of Funds
  • Financial Statements

Source of Funds

Funds may come from any legal foreign or US source; including gifts, loans, executive pension funds, trusts and divorce settlements. Whoever receives the visa must make the investment. Borrowed investment funds qualify as long as they are not secured by the assets of the target US investment. The investor must prove that the funds come from any legal foreign or US source, such as:

  • Profit or earnings from a business
  • Profits or proceeds from the sale of real estate
  • Profits or earnings from stock or other investments
  • Inheritance
  • Gifts (if the investment funds are from a gift, then the financial information regarding the person giving the gift must be provided)
  • Loans
  • Executive pension funds
  • Trusts
  • Divorce settlements

Evidence may include, but need not be limited to, bank statements, stock certificates, and any loan or mortgage documents, promissory notes, security agreements or other evidence of borrowing that is secured by assets of the applicant.

Transfer of Funds

The investor must provide evidence that the $1,000,000 ($500,000 in TEAs) capital investment and subscription fee have been placed in an escrow account prior to filing the application. The escrow account is established in a protected account with a major bank in the U.S.

Financial Statements

Financial information must evidence a net worth of at least one million USD. Evidence can include bank statements, documents showing ownership in real estate or a company, accompanied by an appraisal of value and registration of ownership. Other examples of evidence include a gift statement, a loan statement, etc.