What Is The Supporting Documentation for EB -5 Visa?

What is the required documentation for EB5 Visa Petition?

Last time we guided you throughout the whole application process for a green card through the EB-5 investment. Now, let’s take a closer look at the first part of the procedure and discuss in detail what documentation needs to be submitted with your petition to the USCIS.

You need to file the Petition by Alien Entrepreneur to demonstrate that you are in the process of investing, or have already invested the required amount of capital in a suitable EB-5 project. The minimum qualifying investment in the US is $1 million. However, if you are investing either within a high-unemployment area or rural area (Targeted Employment Area), it is $500,000. The petition should be submitted only after you have taken the appropriate measures to invest in an acceptable EB-5 project. Here’s the list of suggested evidence that you can use to prove that you fulfill all requirements set for EB-5 visa.

  • Proof that you have invested in a “for profit” new commercial enterprise.

You can submit all corporate documents such as articles of incorporation, merger or consolidation certificates, joint venture or limited partnership agreements, business certificates, etc.

  • Proof that you have invested or are in the process of investing the required amount of capital.

You can submit bank statements, loan or mortgage certificates, security agreements, promissory notes, etc.

  • Proof that the investment funds were obtained through lawful means.

It’s suggested to submit personal and business tax returns, or other tax returns of any kind that you filed anywhere in the world within the previous five years, your foreign business registration records, pay stubs if you are employed, your bank statements, certified copies of all pending civil or criminal actions and proceedings, or any private civil actions involving money judgments against you within the past 15 years.

  • Proof that you will be managing the new commercial enterprise.

Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business, so you can submit corporate documents where is clearly stated your position in the enterprise, description or statement of duties.

  • Proof that the new commercial enterprise will create at least 10 full-time job positions.

You will need to submit a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for not fewer than 10 employees will result. Include approximate dates, within the next two years, and when each employee will be hired. If you are investing in the Regional Center’s project you need to prove that the capital investment was made in accordance with the Regional Center’s business plan in order to be credited with the creation of indirect jobs. Indirect jobs are those jobs shown to have been created collaterally or as a result of your capital invested in a commercial enterprise affiliated with a regional center.

Click here to learn how to prove your legal source. 

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