Even if you have been turned down for other available visa classifications, you may still be eligible for an EB-5 Investor Visa. Unless the reasons for rejection are related to immigration fraud or other major problems, previous application rejections will not disqualify the investor from applying for an EB-5 Visa. What is most important is that all U.S. immigration history problems, medical, and criminal history be fully disclosed in advance of the application.
The EB-5 Visa program is an employment-based visa which is intended to promote the flow of assets into the U.S. economy and at the same time to promote the creation of jobs in the United States for legal U.S. residents.
To achieve these goals and so that overseas investors may obtain immigration benefits for having made an investment, the program mandates that the minimum investment foreign investors must contribute is either USD$1,050,000 for a regular EB-5 Investment Visa or USD$800,000 for an EB-5 Regional Center program. In addition, the program mandates that 10 full-time jobs must be created as a result of each investment.
The investor may be entitled to a return on their investment and may be eligible to sell their interest in the investment venture after a period of five (5) years. However, the investment must be “at risk” and is not guaranteed. Additionally, foreign investors and their qualifying family members are offered the prospect (not the guarantee) of Lawful Permanent Residence in the United States.