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EB-5 Visa | Fifth Preference

EB-5 Visa | Fifth Preference

Employment creation

Serving San Antonio, Austin and McAllen, Texas

What is an EB-5 Visa?

EB-5 visas are special documents that extend the promise of permanent residency to certain foreign nationals who make significant investments in an American business. These targeted investments must exceed certain dollar values and create pre-determined numbers of jobs. In addition, investments in certain economically-challenged geographical regions are given preference over those made in other areas of the country. In addition to permanent residency status for the person making the targeted investment, the EB-5 investor visa program provides a path to permanent residency for the spouses and qualifying dependents of these investors as well.


The EB-5 visa program has several key benefits. First, it provides an accelerated path to permanent residency for those who qualify. Once they have endured a two-year stint of “conditional” residency, these investors may apply for a permanent resident card. Investors who make qualifying investments do not require a sponsoring employer or organization. In addition, these individuals do not need to work as on-site managers or directors at the business in which they choose to invest. Likewise, these individuals do not need to live in the state or region in which the business is located. However, they must maintain “active” control over the outfit’s operations. Contact an EB-5 visa lawyer today to learn more about the uses and benefits of this kind of credential.


In order to qualify for an EB-5 visa, a foreign-national investor must invest at least $1 million in a U.S. business that creates 10 jobs within the following two years. In certain cases, this investment threshold may be lowered. If the investor opens his or her business in one of 75 economically-depressed “regional centers,” he or she may only need to invest $500,000 in the enterprise. However, the 10-job requirement remains effective in all areas of the country. In addition, the investor must provide detailed financial disclosures from the preceding five years and file an I-526 “alien entrepreneur” petition with U.S. Customs and Immigration Services. Not everyone qualifies for an EB-5 visa; to find out if you do, talk to an EB-5 visa attorney today.


There are some disadvantages to the EB-5 visa program. For starters, an investor may become ineligible for EB-5 status if his or her business fails to create the requisite number of jobs. If this occurs, he or she may need to seek U.S. residency by other means. In addition, the application process can take a year or more. Finally, foreign nationals who invest in a U.S. business may be subject to taxation in the U.S. as well as in their home countries.

How We Can Help

The EB-5 visa lawyers at the Gutierrez Law Firm understand the importance of ongoing investment in the American economy. Our professional immigration attorneys stand ready to help any foreign-national investors who wish to create significant numbers of jobs in the United States.

To learn more about earning permanent U.S. residency, talk to an EB-5 visa lawyer today at 210.225.7114 /

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