Investors Visa USA - Complete Guide for UK Business Owners

If you’re a UK investor, business owner or entrepreneur and you’re considering expanding your business with a move to the US you may be wondering about how the investors visa USA works. By establishing residency in the US and getting a Green Card, you can permanently live and work in the United States, and access other benefits usually only offered to long term residents and citizens.

The USA investor visa EB 5¹ is one of the most common options for people who want to get a US visa by investment, requiring applicants to contribute to the US economy through investment and job creation. This guide walks through the USA investor visa requirements, and the forms you need to find and complete to apply as an immigrant investor, as well as the investor visa USA cost and process.

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Investors visa USA - What is it and how does it work?

Probably the first thing to note is that while this visa may sometimes be referred to as a golden visa (USA), it’s not easy or cheap to acquire. We’ll cover all that in detail later. But before we talk about the EB-5 visa requirements in more detail, let’s take a look at the visa and who it’s intended for.

The EB-5 programme allows investors, and their spouses and unmarried children under the age of 21, to become US Green Card holders if they can fulfil eligibility requirements, including investing and creating jobs. It’s called the EB-5 programme because successful applicants are given a fifth preference employment based visa.

The EB-5 visa exists to encourage talent and innovation in the US, by bringing in qualified immigrants who can contribute to the local economy.

Exactly how the EB-5 visa process works does depend on the country of your citizenship, as visa numbers are limited in some cases. At the time of writing, there are no active caps on applicants for this visa type from the UK - but you’ll need to check the US Visa Bulletin² to be sure, as this may change over time.

According to the latest available statistics, over 10,000 EB-5 visas were issued in 2022, with 70 going to UK citizens³.

EB-5 visa requirements

The key requirements for the EB-5 visa are around investment and job creation. Applicants must⁴:

• Invest in a new US commercial enterprise
• Plan to create or preserve at least 10 permanent full time jobs

In 2023, the standard minimum investment amount is 1.8 million USD, or 900,000 USD if you’re investing in a targeted employment area (TEA). TEAs are designated areas where unemployment is high and the investment is most needed for the economy.

Employment creation means creating jobs for US citizens and permanent legal residents, not including you or your own family members. You’ll need to prove your plan to create this employment, or proof you have already employed people when you apply for your visa.

How to get an EB-5 visa

There are quite a few steps involved with getting an EB-5 visa, and the process may vary a bit depending on your exact situation and where in the US you intend to invest. Because of the potential complexity, many applicants prefer to use specialised consulting companies to go through the documents and process, and to increase the chances of getting everything filed right first time.

First, here’s a step by step overview of how to apply for an EB-5 visa⁵:

1. File either Form I-526, Immigrant petition by standalone investor; or Form I-526E, Immigrant petition by regional centre investor
2. If the Visa Bulletin shows a visa could be immediately available you can also simultaneously file Form I-485, Application to register permanent residence or adjust status
3. Once your I-526 is approved you can either file DS-260, Application for immigrant visa and alien registration if you’re outside the US, or I-485 if you’re already in the US
4. Once everything is approved you could be issued with a 2 year conditional permanent residence status
5. The final step once you have been in the US for nearly 2 years, is to file Form I-829, Petition by investor to remove conditions on permanent residence status
6. If this is approved, you and any dependents are issued with permanent residence status with no outstanding conditions

It helps to know that there’s a filing fee for each of these documents, which we’ll look at later. Once you have applied for your EB-5 visa you’ll be able to use the USCIS processing times form⁶ to check how long it’ll likely take for your visa to be examined. This requires you to enter the exact process you’re following to apply - such as which of the several different forms you’ve used - to get an estimate of the processing time based on your individual situation.

Documents required for the USA investor visa EB-5

As we’ve seen, the process to apply for an EB-5 visa can involve quite a few documents and application forms, including forms:

• I-526⁷
• I-526e⁸
• I-485⁹
• I-829¹⁰

In most cases as well as the application itself, completed and signed, you’ll also need supporting documents and evidence to allow your application to be assessed. Exactly what’s needed is set out in the instructions for each form, on the USCIS website.

To give a flavour, let’s have a look at the documents needed for I-526, Immigrant petition by standalone investor¹¹:

• A copy of your passport
• Proof that the enterprise you’re investing in is a legal entity - for example, Articles of Incorporation or a Partnership Agreement
• Proof that your enterprise is creating work in a TEA (if you’re applying under this clause)
• Evidence of your investment - such as bank statements or business account statements
• Proof your funds are legally acquired - including foreign business records or tax returns
• Evidence of job creation - either a business plan if you have not yet hired, or tax records if you have already hired employees

Investor visa USA cost

Besides the capital needed to invest in US businesses, EB-5 visa applicants will also need to pay a filing fee every time they submit the forms needed. If you do not submit all the paperwork and evidence needed, your application may be rejected and you’ll need to apply again - and pay the fee over again, too.

Here’s a look at the filing fees for the key documents we’ve looked at so far.

• I-526: 3,675 USD
• I-526e: 3,675 USD + 1,000 USD under the Reform and Integrity Act
• I-485: 1,140 USD for adults + 85 USD biometric fee where needed
• I-829: 3,750 USD + 85 USD biometric fee where needed

If you’re using an agent to help you with your application don’t forget, this will also mean extra fees. The exact costs can vary quite significantly, so it’s important to shop around and to make sure you really understand the service and support you’ll get.

If any of your documents are not issued in English you may also need to pay for translation costs, which is another consideration when building your EB-5 visa budget.

US investment visa - pros and cons

Of course, the EB-5 isn’t the only route to becoming a US Green Card holder as a UK investor. If you’re not sure if it's for you, check out these pros and cons for the investor visa option - and don’t forget to get professional advice to help you pick out the visa that suits your needs if you need it.

The US is a global superpower and a huge economy. Investing in a business based in the US can make great sense - and with the EB-5 visa programme you can also get a Green Card which offers permanent residence status to your and your dependents. This means you’re free to legally live and work in the US as you choose - and can even be a step on the route to US citizenship if you’d like it to be.

However, getting a US investor visa isn’t an easy or cheap process. As the visa is intended to be used by individuals who will make significant contributions to the US local and national economy you’ll need a great business plan or a newly launched enterprise you can invest in. Plus you’ll need 900,000 USD or more in your pocket to invest. Use this guide to weigh up whether the EB-5 visa route might be right for you - and get specialist advice from an immigration professional if you need it.

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Sources used in this article:

Sources last checked June 27, 2023