The R-5 visa is an EB-5 visa that allows investors to live and work in the U.S.
The EB-5 visa or the Fifth Priority Workers Visa is for investors who’re willing to invest in the U.S. economy in order to live in the country. It does not require a U.S. employer to petition for foreign immigrants who want to invest in the U.S.
The EB-5 visa allows a foreigner to get a Green Card by investing and creating jobs in the U.S economy. You have to make an investment from $500,000 to $1 million and create a minimum of 10 jobs. High unemployment in the U.S. in some rural places which makes a distinction between the general U.S economy and target areas.
Considering these target areas, the following are different types of EB-5 visas:
- C-5 visa for investors who create jobs outside of target areas
- T-5 visa for investors who create jobs in targeted rural or high unemployment areas
- R-5 visa for investors who participate in an Investor Pilot Program, not in a target area
- I-5 visa for investors who participate in an Investor Pilot Program in a targeted area
This article will define the R-5 visa, its requirements, the application process, and other useful information.
What is the R-5 visa?
The investors can choose to invest in different areas of the U.S. to get their Green Cards, within the investor visas. The country has a goal to improve economic growth by increasing exports, employment, productivity, and capital investment. It can either be general or targeted. The R-5 visa is designed for investors who participate in the Investor Pilot Program in a general area.
The R-5 U.S. visa allows investors to get a Green Card and to live in the U.S. permanently. The visa holder can travel to other countries for a short period of time and should also obey all U.S laws and regulations as well as pay taxes.
There is a limited number of visas that are issued every year since the R-5 U.S visa is in the EB-5 visa category. It means that the processing could take a long time and it can be quite difficult to get this visa.
What Are the Requirements for the R-5 Visa?
There are several requirements that the applicants must meet, in order to qualify for R-5 visa.
The major requirement for the investor is to invest the money in a regional center as a part of the Investor Pilot Program. The Regional Center must be general and not in a highly targeted area with high unemployment.
As an investor, you have to invest in a commercial enterprise established on or before November 29th, 1990, which is the second requirement. There are two ways you can make an investment:
- By buying an existing enterprise and restructuring it into a new commercial enterprise
- Or by investing to expand an existing enterprise and increasing its net worth by 40% or increase its employment
Next, the investor should create at least 10 jobs within 2 years for the third requirement. The jobs given must be permanent and full time, and hiring one of the family members of the investor does not count. The requirement is to be able to maintain those jobs if the investor invests in a troubled business that is close to bankruptcy.
The final requirement is on the amount of money invested. For the R-5 U.S. visa, the minimum amount is $ 1 million since it is not a targeted area. The investment must be the investor’s personal asset and cannot be borrowed.
How to Apply for the R-5 Visa?
You can start applying if you fulfill all the criteria for the R-5 visa. The application procedure for the R-5 visa is divided into two parts:
- Getting an approved petition from the U.S Citizenship and Immigration Services (USCIS)
- Applying for the R-5 immigrant visa
Filing the Petition
You must first confirm your eligibility with the U.S authorities before you can apply for the R-5 U.S visa. USCIS is the organization in charge of this type of visa. To file a petition by sending Form I-526, Immigrant Petition by Alien Entrepreneur is a must, to comply with this requirement.
It is different from the other types of employment visas because you can file the petition yourself and do not need a U.S employer to do that. As soon as USCIS gets the petition, they will review it and will inform you whether you have been approved or denied. It will then be sent to the National Visa Center (NVC) who will be responsible for your application from that point onwards if your petition has been approved.
The NVC will assign an invoice ID number and a case number to you, and the package with instructions and forms will be sent to you, to know about how to apply. Then, you will have to wait if your priority date is not current and then apply.
Apply for the R-5 Visa
As soon as you received the instruction from NVC and your priority date is current then you can apply for the R-5 U.S visa at the U.S Embassy or Consulate in your country of residence. You must follow these steps:
- Apply online by submitting Form DS-260, Online Immigrant Visa Application. The form serves as your application and you can access it through your case number. When you are done, you will get a confirmation page and code which you will later send to the NVC.
- Complete a medical examination and get the necessary vaccines that are outlined in your instructions from the NVC. Your medical examination documents must be signed by a licensed doctor.
- Compile your supporting documents and send them to the NVC. Your file must include:
- Your passport which must be valid for more than 6 months after your intended departure to the U.S
- Your investment plans
- Your bank statements proving you have the necessary amounts of money
- The approved petition
- Your DS-260 confirmation page
- Your signed medical and vaccine documents
- Two photographs meeting the Photo Requirements
- Academic achievements (diplomas and certificates)
- Your CV or resume
- Court and criminal records
- Depending on the case, the NVC might require other supporting documents, so you must follow their instructions carefully.
- Attend the visa interview which is scheduled by the NVC at your U.S Embassy after they have reviewed your supporting documents.
- Receive your immigration package and travel to the U.S. The NVC will send you this package after your visa has been approved and you must not open it. You must travel with it to the U.S and an immigration official at the U.S port of entry will open it and determine whether you are allowed to enter the country.
What Are the R-5 Visa Fees?
Fees are inevitable when you are applying for the R-5 visa, which you are responsible for paying. The amounts vary and are decided by USCIS and the U.S Embassy in the country you are applying from. In general, you will have to pay the following fees:
- USCIS Form I-526 petition filing fee
- Form DS-260 processing fee
- Medical examination fees
- Fees to obtain supporting documents
- Any translation fees from foreign language to English
Your application will not be processed if you do not pay the fees before the deadlines specified by USCIS, NVC, and the U.S Embassy where you are applying in.
How Long Is the R-5 Visa Processing Time?
There’s a limitation on the number of visas given in a year for the R-5 visa. It means that your application will be processed faster if you submitted your application and the maximum number hasn’t been reached yet. However, if you submit your application at times when the number of visas issued has reached the maximum, your application will be automatically placed on a waiting list and processed in the next year.
The processing times for the R-5 visa can vary from a few months to a few years based on when you submit the application and how many applications have already been submitted before yours.
Becoming a Lawful Permanent Resident (LPR) With an R-5 Visa
The next phase after getting your R-5 visa is to become a Lawful Permanent Resident (LPR) of the U.S. If you want to change your status from an immigrant visa to LPR, you need to have an approved petition from USCIS and the visa.
Subsequently, you have to file the Form I-485, Application to Register Permanent Residence or Adjust Status. The form will be processed by USCIS, and, if approved, you will get your Green Card in the mail after a few weeks.
Can I Bring My Family to the U.S With an R-5 Visa?
Then, they will allow you to bring your family with you to the U.S. after your R-5 visa is approved. Close family members that can accompany you include your spouse and unmarried children under 21. Other family members of your family can’t join you to live in the U.S permanently as they have to apply separately if they also want immigrant visas.
Your spouse and children can now live in the U.S permanently with R-5 derivative or family visa. While your spouse can apply for an Employment Authorization Document (EAD) and your children can attend school. The EAD can make your spouse work in the U.S. and can choose to work in your invested commercial enterprise or can work somewhere else.
Feel free to contact Visa Help if you need objective guidance on how to get U.S. R5 immigrant visa!