By Last Updated: January 16th, 2024

Libya Investors for EB-5 VisaLibya investors for the EB-5 Visa acquire permanent residency in the United States through minimum investment and job creation. Libya investors for EB-5 Visa are required to invest in a U.S. business that generates at least 10 full-time jobs for U.S. citizens. Investors from Libya who meet the EB5 Visa Program requirements are granted the right to permanently live, work, and study in the United States with their spouses and minor children.

Libyan EB5 investors who are residing in the US are allowed to submit their EB5 and permanent residency applications simultaneously for quicker processing. EB 5 Libyan investors do not experience retrogression in the EB 5 Visa processing and are not likely to have any in the future. As US Permanent Residents, Libyan investors and their dependents are free to travel to any US location as well as many other countries without a visa. Children of EB-5 Libyan investors are eligible for educational assistance and reduced tuition fees as students in the United States.

What is EB-5 Visa for Libya Investors?

The EB-5 Visa for Libya investors allows for US Permanent Residence (Green Card) through investment and job creation. The EB-5 Visa for Libya investors requires investors to engage in a new US business that creates at least 10 full-time jobs for Americans. Libyan investors and their dependents are given a 2-year initial Conditional Permanent Residency (Green Card) upon EB-5 Visa approval. Libyan EB5 investors are granted the right to live, work, and further their education in the US as Green Card holders.

What are the Benefits of EB-5 Visa for Libyan Investors?

The following advantages are acquired by Libyan investors, their spouses, and their minor children with an EB-5 Immigrant Investor Visa.

  • Permanent relocation to the United States. The EB5 Visa Program enables affluent Libyan investors and their families to move permanently to the USA which has a more stable political climate.
  • Economic ventures in the United States. Libyan investors and businesspeople have the opportunity to grow their enterprises and take part in the safe and competitive global market of the United States.
  • American education and employment. High-net-worth Libyans are looking for ways to give their children access to better employment and educational opportunities in the United States. The advantages of an EB5 Green Card for dependent children under the age of 21 of Libyan investors are listed below.
    • Study in some of the best institutions in the world without facing restrictions imposed on foreign students.
    • Pay 150% to 300% lower tuition fees as compared to foreign students.
    • Enjoy more funding and scholarship options as compared to foreign students.
    • Study as a day scholar and avoid long separation from family just to obtain a quality education.
    • Explore job opportunities without worrying about issues like work permits, sponsorship, processing delays, expiry of visa, or restrictions on job mobility. 
  • Libyan investors enjoy greater international mobility through the visa-free travel privileges available to US Green Card holders.

What are the Risks of EB-5 Visa for Libyan Investors?

Libyan investors should take note of the risks associated with applying for an EB-5 Visa.

  • At-risk investment. Investors from Libya are required to make an investment that is “at-risk” making their capital subject to both gains and losses. Securing a Green Card without sponsorship is the main advantage of the EB5 Visa for Libyan investors.
  • Immigration risk. Investment alone does not ensure a USA Green Card. The Libyan investor is expected to demonstrate that their investment was in a new commercial enterprise (NCE) in the US and that it created the necessary 10 full-time positions during their Conditional Residence.
  • Risk for fraud. Libyan investors should do thorough due diligence on potential EB-5 investments before proceeding. EB-5 Libya investors should hire knowledgeable professionals to carefully assess an EB-5 Project, its developer, affiliated regional center, and the linked third-party entities in order to avoid fraud.
Register for One-on-One meeting!

How Long Does it Take to Process an EB 5 Visa for Libya  Investors?

The initial EB-5 petition of Libyan investors takes between 29.5 and 61 months on average to process. The first step in the EB-5 process for Libyan immigrant investors is to accomplish and submit Form I-526 (Immigration Petition by Standalone Investor).

How Long is an EB5 Visa Valid for Libya Investors?

Libya investors and their dependents with an approved EB5 Visa get an initial 2-year Conditional Green Card. The Libya investor and their dependents then file a petition to remove the conditions on their Green Cards to become Lawful Permanent Residents (LPRs) before their Conditional Residency ends. US Lawful Permanent Residence (LPR) is valid for 10 years and renewable indefinitely.

What are the Requirements for an EB-5 Visa for Libyan Investors?

Libyan investors have to meet the following requirements to get an EB-5 Visa.

  • Investment amount. The U.S. Citizenship and Immigration Services (USCIS) requires an “at risk” EB-5 investment to be any of the following. 
    • A minimum investment of $800,000 USD (LD 3.8 M Libyan Dinar) in a Targeted Employment Area (TEA) project. A Targeted Employment Area (TEA) is a region with high unemployment rates or a rural area. 
    • An investment of $1.05 million USD (LD 5.06 M Libyan Dinar) for a non-TEA project. 
  • Source of funds. Libyan investors can use any of the following as capital as long they are derived from lawful sources and obtained through lawful means.
    • Business profits
    • Loans from a financial institution or from an individual
    • Salaries/wages
    • Inheritance
    • Gifts from an individual
  • Job creation. The creation of at least 10 full-time jobs for US nationals is a requirement for an EB5 Visa for Libyan investors.

The financial criteria for the EB-5 Visa for Libyan investors are the following.

  • Net worth of $1,050,000 (LD 5.06 M Libyan Dinar) for an individual or married couple; or
  • Minimum of $200,000 (LD 965 K Libyan Dinar) in individual income in each of the 2 previous years; or
  • Minimum of $300,000 (LD 1.4 M Libyan Dinar) in joint income in each of the 2 previous years; and
  • Comparable level of future income and assets.

What is the Age Requirement for Libya Investors to Get EB-5 Visa?

There’s no age limit for the EB-5 Visa. Any Libya investor qualifies to be an EB-5 investor. However, since a minor probably does not have the assets or income to be eligible as an EB-5 investor on his/her own, the parents or some other guardian giving him/her the investment amount requires showing the necessary documents to prove the source of funds. Occasionally, a Libyan investor pursuing an EB-5 Visa will be unable to get specific documentation. In such instances, the applicant should file a declaration giving an explanation as to why they are unable to supply the needed documentation.

The only time age matters is if the parent is applying and children are also part of the application as derivatives. The children must be under the age of 21 to be included in a parent’s application.

How Much Does an EB-5 Visa Cost for Libya Investors?

These are the costs involved in an EB 5 Visa application for Libya investors.

  • EB-5 investment
    • $800,000 USD (LD 3.8 M Libyan Dinar) for a TEA investment
    • $1,050,000 USD (LD 5.06 M Libyan Dinar) for a non-TEA investment
  • Form I-526- $3,675 USD (LD 17 K Libyan Dinar)
  • Application to Register Permanent Residence or Adjust Status (Form I-485)- $1,140 USD (LD 5.5 K Libyan Dinar)
  • Petition by Investor to Remove Conditions on Permanent Resident Status (Form I-829)- $3,750 USD (LD 18 K Libyan Dinar)

The U.S. Citizenship and Immigration Services (USCIS) issues 10,000 EB-5 Visas a year.

The Central Bank of Libya is the regulatory body that has framework and monetary policy for moving assets and money outside of Libya.

How can I Transfer EB-5 Funds from Libya?

Libya investors must show that they have invested or are in the process of investing the required minimum capital in an EB-5 Project. One way to show active EB-5 investment is to transfer the capital to the EB-5 Project’s escrow account. An EB5 Project escrow account is an interest-bearing bank account used to hold large sums of money until the EB 5 Project’s completion. The EB 5 escrow agreement must show that the Libyan investor’s investment will be used entirely for the EB-5 Project. Both the Libya investor and the EB-5 Project should show no relationship to the bank holding the escrow account. Libyan investors should work with an EB5 Visa Attorney who is experienced in working with investors from North Africa to determine if clearance from the Office of Foreign Assets Control (OFAC) is needed before pursuing any monetary transactions from Libya to the US. Libya investors should also consult banks that focus on international transactions and use a licensed currency exchange company. Libya investors with businesses outside of the country can use their profits as EB-5 funds. 

What is the Priority Date for EB5 Visa for Libyan Investors?

The EB-5 priority date is the day on which USCIS receives the I-526 from the Libyan investor. The EB5 priority date shows where the Libyan investor is in the queue for an immigrant visa under the EB5 Program. The final action dates for the EB5 Visa category are published monthly in the Visa Bulletin on the website of the U.S. Department of State (DOS). The priority date is regarded as “current” if the Libyan investor’s I-526 priority date coincides with their final action date on the Visa Bulletin. There is no retrogression (backlog) for Libyan applicants based on the EB5 Visa Bulletin for Libyan Investors.

How Long Does it Take to Acquire an I-526 Approval for the Libyan Investor under EB 5?

I-526 petitions submitted by Libyan investors are approved between 29.5 and 61 months. Each I-526 petition is examined and processed by the USCIS. The specific processing period for an EB-5 petition will depend on the specifics of the case and the USCIS service center handling the application.

How can a Libyan Citizen Immigrate to the United States Using the EB-5 Program?

Libya investors for the EB-5 Visa complete 6 steps to obtain a US Green Card.

  1. Petitioning for an EB-5 Visa. Filing of the I-526 petition with the USCIS.
  2. Applying for an EB5 Visa. USCIS must approve the I-526 form prior to applying for the EB5 Visa.
    1. Applying from overseas. Filing the Online Immigrant Visa and Alien Registration Application (Form DS-260) with the U.S. Department of State (DOS).
    2. Applying within the US. Filing for an adjustment of status using Form I-485 with USCIS. Libya investors present in the USA holding valid nonimmigrant visas such as H-1B, F-1, and L-1 are eligible for concurrent filing of their I-526 and I-485 petitions.
  3. Issuing of EB-5 Visa
  4. Obtaining conditional permanent residence. A Conditional EB5 Green Card grants Libyan investors and their dependents the same rights as LPRs for 2 years.
  5. Removing conditions on permanent residence. The I-829 petition is submitted to USCIS within the 90-day period prior to the second anniversary as a Libyan EB5 investor in the US.
  6. Gaining lawful permanent residence. An Unconditional Green Card is valid for 10 years and renewable unlimitedly. 

What is the EB-5 Visa Statistics for Libya Investors?

There are 0 EB-5 Visas issued to Libyan investors in FY 2024 according to the Report of the Visa Office 2024 from the U.S. Department of State (DOS). 

What are the Challenges for Libya Investors for EB-5?

The main challenge EB-5 Libya investors face is supplying the required minimum investment and proving that the money came from lawful sources. Additionally, the EB5 capital must have been obtained lawfully and transferred through legal means. Libyan investors face additional scrutiny when it comes to their EB5 funds and may need to obtain specific licenses and Office of Foreign Assets Control (OFAC) determination when investing in the EB 5 Visa Program.

What is the Best Project to Invest in with an EB-5 Visa for Libya  Investors?

EB5 Projects are US enterprises built using capital from immigrant investors. EB5 Projects contribute to the expansion and growth of the American economy by creating jobs. Real estate, restaurants, biotechnology, and hotel construction are the top EB-5 Projects for Libyan investors. These types of projects generate many jobs which enable Libyan EB5 investors to complete the requirements for EB5 Permanent Residency.

What Does the Future Hold for EB-5 Investors from Libya?

Based on the country’s “current” EB-5 Visa Bulletin status, the EB-5 Program presents a promising future for investors from Libya. The EB-5 Reform and Integrity Act (RIA) of 2022 makes it possible for Libyan TEA investors to benefit from priority processing and visa set-asides. Libyans who are already in the US are able to submit their applications more quickly through concurrent filing.

What are the Other US Visa Available for Libya Nationals?

Foreign nationals who want to enter the US must have a U.S. Visa stamped on their passport. Libyan nationals are required to obtain a US Visa at a U.S. Embassy or Consulate that is aligned with the reason for their trip. Immigrant Visas are issued to Libyan nationals who meet the requirements to enter and remain in the United States as Permanent Residents. Libyan nationals can travel to and stay in the US on a temporary basis using Nonimmigrant Visas.

The following are the US Visas available to Libyan nationals.

 Immigrant Visas

  • Family-Based Immigration. For foreign citizens sponsored by an immediate relative who is a U.S. citizen or a U.S. Green Card holder and is at least 21 years old.
  • Fiancé(e) K-1 nonimmigrant visa. For a foreign fiancé(e) of a US citizen. The foreign fiancé(e) is allowed to stay in the U.S. to apply for permanent residency after marriage.
  • K-3 Visa. For the foreign spouse of a U.S. citizen traveling to reside in the U.S. while awaiting final completion of their immigration. The spouse’s children can enter the U.S. with a K-4 Visa.
  • Intercountry Adoption. For adopting children outside of the US.
  • Employment-Based Immigration. For qualified applicants under the provisions of US immigration law. The EB-5 Visa falls under the Employment Fifth Preference (E5). 

Nonimmigrant Visas

  • B-1/B-2 Visitor Visa. For people traveling to the US for business or pleasure, or for medical treatment. 
  • Temporary Worker/Employment or Trainees (H, L, O, P, Q, R). For temporary, nonimmigrant workers petitioned by US employers or agents.
  • Student Visa. For foreign citizens who wish to study in the US.
  • Exchange Visitor Visa. For foreign citizens participating in exchange programs.
  • Journalist and Media Visa. For representatives of the foreign media traveling to the US to engage in their profession while having their home office in a foreign country.
  • A Visas. For Libyan government officials entering the U.S. for temporary or permanent assignment.
  • Transit/Ship Crew Visa. For foreign citizens traveling in immediate and continuous transit through the US en route to a foreign destination.

What is the Current Retrogression Situation for Libyan Investors?

There is no retrogression (backlog) for the EB-5 Visa for Libya investors. Investors from Libya have never faced any backlogs in the application process for EB-5 and are not expected to have any in the future.

What are the Issues Experienced by the Libya Citizen with the EB-5 Visa?

Issues for EB-5 Libya investors include the OFAC sanctions on their country, proving lawful sources of funds, and consular processing for an immigrant visa. Libya investors will have to consult an EB 5 Attorney to analyze their sources of funds and develop the best way to transfer these to the USA as well as obtain the needed OFAC licenses. EB5 Libya investors outside the US will have to apply for their immigrant visas at the U.S. Embassy of Tunisia or other  U.S. embassies or consulates due to the suspended U.S. Embassy operations in Libya. 

What is a Targeted Employment Area?

A targeted employment area (TEA) is a region of the United States with a minimum EB 5 investment requirement of $800,000 (LD 3.8 M Libyan Dinar). A TEA Project is located in a special economic zone, such as a rural or high-unemployment area. In addition to having lower capital requirements, participating in a TEA Project has various advantages for Libyan investors. According to the 2022 EB-5 Reform and Integrity Act (RIA), TEA investors enjoy priority processing for their petitions and issuance of reserved visas. The provision of reserved visas and priority processing helps Libyan investors apply for EB5 Green Cards more quickly.

What Other Countries can Invest in the EB-5 Visa Program?

According to “The United States EB-5 Program” by Investment Migration Insider, between 2012 and 2022, the EB5 Immigrant Investor Visa helped almost 100,000 foreign investors become permanent residents of the United States. Over 80% of these EB5 investors come from China, Taiwan, South Korea, the United Kingdom, and Taiwan.

Is USA a Good Foreign Market to Invest in for Libya Citizens?

Yes, Libyan investors gain access to one of the largest consumer markets in the world, a reliable legal system, advantageous tax laws, and a good infrastructure by investing in the United States. The EB-5 Visa is a dependable route to obtaining Permanent Residence in the US for Libyan investors and their dependents.

Can EB-5 Visa Attorney Speed Up the Process of EB-5 Visa?

No, an EB-5 Visa Attorney is unable to speed up the EB-5 application process for Libyan investors. The USCIS and the DOS are in charge of evaluating and processing EB 5 applications. Services of EB5 Visa Attorneys include minimizing application delays brought on by errors, organizing Libyan investors’ documents for success, and guaranteeing compliance with U.S. immigration rules.

Is Obtaining an EB-5 Easy for Libyan Investors?

Libya investors are able to obtain their EB-5 Visas with less difficulty because of the “current” Visa Bulletin status and lack of backlogs in the application for Libya. Libyan investors are not subject to additional wait times, unlike investors from countries with visa retrogression such as China and India.

Can a Libyan National Apply for EB 5 while on H1B?

Yes, Libyan nationals with H-1B Visas are able to apply for an EB5 Visa. H1B Visa holders are foreign employees engaged by US employers in specialty occupations. Libyan H1B employees in the US are allowed by the RIA to submit both their I-526 and I-485 forms concurrently for speedier processing without having to leave the US.

Can a Libya Investor Borrow Money for EB-5 Visa?

Yes, loans can be used by Libyan investors as EB-5 Visa investments. The personal property and collateral of the Libyan Investor, not the EB 5 Project, must serve as security for the EB5 Loan to be accepted.

Can an International Student from Libya with an F-1 Visa Apply for EB5 Visa?

Yes, a Libyan student with an F-1 Visa qualifies as an EB-5 Visa candidate. An F1 Visa is a nonimmigrant visa that enables foreign students to study in the US in academic programs. A Libyan student with a valid F1 status is eligible to file the I-526 and I-485 petitions simultaneously in order to speed up the EB 5 Visa application process while in the USA.

Can a Libyan Citizen Invest in the United States?

Yes, a citizen from Libya is able to invest in the United States through the EB5 Visa and indirectly through the E-2 Visa. The E-2 Treaty Investor Visa is a nonimmigrant classification for treaty country investors who are making a substantial investment in a US business. Treaty countries maintain a treaty of navigation and commerce with the US. Libya is a non-treaty country and Libyan investors have to gain citizenship from a treaty country before applying for the E-2 Visa.

The E2 Treaty Investor Visa is not a U.S. Permanent Residence program, unlike the EB-5 Visa. A substantial investment of at least $150,000 (LD 723 K Libyan Dinar) is required for an E2 Visa investment without the need for minimum job creation. 

Does a Libyan Citizen Need a Visa for USA?

Libyan citizens traveling to the US must first get a US Visa. Libyan nationals looking to relocate to the US must obtain an immigrant visa while temporary Libyan visitors must apply for a nonimmigrant visa.