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Investor Visa to the USA

Investor Visas

The USA Immigration Law provides visas to immigrant investors who wish to enter the United States to participate in new commercial enterprises which contribute to the US economy providing workplaces and investments. Investors of E5 category receive up to 7.1 percent of all immigrant visas based on employment that are issued every year around the world.

To claim for a role of an immigrant investor, a foreign citizen must invest (without a loan) the following minimal sums in dollars of the respective capital in the respective commercial enterprise:

  • $ 1,000,000 (U.S.);
  • $ 500,000 (U.S.) in a rural area with a high level of unemployment, which is considered as the target employment area.

During a period of two years, appropriate investments must create full-time workplaces at least for 10 US citizens, permanent residents or other immigrants who are allowed to work in the United States (the wife, sons or daughters of the investor are not taken into account).

Categories of Immigrant Investors Visas:
  • Establishing workplaces outside the target area – C5;
  • Establishing workplaces in the target rural area /or region with a high level of unemployment – T5;
  • Pilot program for investors outside the target area- R5;
  • Pilot program for investors in the target area – I5.

The first step is to file a petition

To obtain E5 immigrant visa, the applicant must submit Form I-526.

Work attestation is not required for immigrant investors.

The petition of Form I-526 must be approved by the USCIS before applying for an immigrant visa at a US Embassy or Consulate outside the country.

The following steps: fees and visa

After the USCIS approves the petition, it is sent to the National Visa Center (NVC). After receiving, the NVC will assign the case number to the petition and instruct the applicant how to complete the DS-261 Form.

The NVC will start processing the applicant’s case by providing the applicant with instructions for filing the relevant fees. After paying the relevant fees, the NVC will ask the applicant to provide the necessary immigrant visa documents, including questionnaires, civil documents, and much more.

Based on your approved application, your spouse and minor children under the age of 21 may apply for an immigrant visa together with you. Like you, they must also fill in the necessary questionnaires, obtain the necessary civil documents, pay the necessary fees and undergo medical examinations.

The same-sex spouses of US citizens and legal permanent residents (LPR), as well as their minor children, now have the right for the same immigrant privileges as the spouses of the opposite sex.

The fee is charged for the following services:

  • Application Form I-526 “Immigrant Petition from a Foreign Entrepreneur” (this fee is charged by the USCIS);
  • Processing an application for an immigrant visa, Form DS-260;
  • Medical examination and necessary vaccinations (the cost varies);
  • Other costs may include: translations; photocopies; fees for obtaining the documents necessary for applying for an immigrant visa (such as passport, police certificate, birth certificate, etc.); and travel expenses to the US Embassy or Consulate for a visa interview. The cost varies from country to country and from case to case.

Important! Fees must be paid for each potential immigrant, regardless of age, and are not subject to return.

Important! Fees should not be paid at the NVC or at the US Embassy or Consulate where you have a visa interview, unless specially requested. Candidates will be given instructions from the NVC about where and when to pay the relevant fees. Do not send payments to the NVC in Portsmouth, New Hampshire.

As a rule, the following documents are required:
  1. Passport (s) valid for six months after the predicted date of entry into the United States if the validity of the special permit is not required by the US Embassy / Consulate in your country;
  2. Form DS-260, application for an immigrant visa and registration of a foreigner;
  3. Two photographs 5×5 cm;
  4. Civil documents. A consular officer may ask for additional information during your visa interview. Original civil documents (or certified copies) such as birth and marriage certificates may be required, as well as legible photocopies of original civil documents and any necessary translations for your immigrant visa interview. Original documents and translations will be returned;
  5. Availability of finances. During an immigrant visa interview, you must prove to the immigrant officer that you have the means for residence, fly, rent, etc. and you will not ask for support from the US authorities;
  6. Completed forms of medical examination.

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