Peru Investors for EB-5 VisaPeru investors for the EB-5 Visa obtain U.S. Permanent Residency through investment and job creation. Peru investors for the EB-5 Visa must invest a minimum capital in a new U.S. business that generates at least 10 permanent full-time jobs for U.S. workers. Peruvian investors who meet the EB5 Program requirements get to live, work, and study permanently in the United States along with their qualified dependents.

Peru EB5 Investors who currently reside in the USA are eligible to file their petitions concurrently. The lack of backlogs in the processing of the EB 5 Visa and the availability of concurrent filings are advantageous factors for the growth of Peruvian investors in the EB 5 market. Investors from Peru and their families get to travel to any location in the US as well as to numerous countries without a visa as US Permanent Residents. Dependent children of Peruvian EB 5 investors qualify for lower tuition fees and financial aid as students in the top educational institutions in the USA. 

Table of Contents

What is EB-5 Visa for Peru Investors?

The EB-5 Visa for Peru investors allows for US Permanent Residence (Green Card) through minimum investment and economic stimulation. The EB-5 Visa for Peru investors requires investing in a new commercial enterprise (NCE) that leads to at least 10 full-time jobs. The Conditional Permanent Residency (Green Card) from an EB-5 Visa is valid for an initial 2 years. Peru EB5 investors and their dependents get to live, work, and study in the United States without restrictions as Green Card holders.

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

Peruvian investors, their spouses, and minor children obtain the following benefits from the EB-5 Investor Visa Program.

  • USA Green Card. High-net-worth Peruvian investors consider the United States as a top relocation destination because of its taxation system, its relative safety compared to Latin America, and the presence of welcoming Latino communities. 
  • USA Investment opportunities. Peruvian investors and businesspeople have the chance to expand their economic ventures outside of Latin America and participate in the United States’ secure and highly competitive global market.
  • USA education and employment. Wealthy Peruvians seek to gain better educational and work opportunities for their children through US Permanent Residency. Here are the benefits of a Green Card for minor children of Peruvian investors as EB5 dependents.
    • 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. 
  • Peruvian 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 Peruvian Investors?

These are the risks that Peruvian investors should take into account when processing an EB-5 Visa. 

  • At-risk investment. The U.S. Citizenship and Immigration Services (USCIS) requires the EB-5 investment to be “at-risk”. An “at-risk” investment means that the Peruvian investor’s capital is subject to both gains and losses. Getting a U.S. Green Card should be the main focus of EB5 Peruvian investors. 
  • Risk on immigration. Permanent Residency is not guaranteed based on investment alone. The Peruvian investor must demonstrate that their investment was made to a new commercial enterprise (NCE) and produce the required 10 jobs throughout their Conditional Residency. 
  • Fraud risk. The Peruvian investor should conduct due diligence and thoroughly study a potential EB-5 investment. EB-5 Peru investors should hire qualified professionals to carefully assess an EB-5 Project, its developer, and the related third-party entities to avoid fraud.

 

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

The typical processing time for an EB-5 petition for Peruvian investors is between 29.5 and 61 months. The filing of the Immigration Petition by Standalone Investor (Form I-526) is the first step in the EB-5 process for immigrant investors. 

How Long is an EB5 Visa Valid for Peru Investors?

Peru investors and their dependents obtain an initial 2-year Conditional Green Card after getting their EB 5 Visa approved. The Peru investor and their dependents file a petition to become Lawful Permanent Residents (LPRs) of the United States after their 2-year Conditional Residence.

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

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

  • Investment amount. The EB5 investment must be “at risk” and be any of the following. 
    • A minimum investment of $800,000 USD (S/ 3 M Peruvian sol) 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 (S/ 4 M Peruvian sol) for a non-TEA project. 
  • Source of funds. Peruvian investors must derive their capital from lawful sources and be any of the following.
    • Salaries/wages
    • Business profits
    • Gifts from an individual
    • Inheritance
    • Loans from a financial institution or from an individual
  • Job creation. The EB5 Visa for Peruvian investors requires the creation of at least 10 full-time jobs for US citizens.

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

  • Net worth of $1,050,000 (S/ 4 M Peruvian sol) for an individual or married couple; or
  • Minimum of $200,000 (S/ 762 K Peruvian sol) in individual income in each of the 2 previous years; or
  • Minimum of $300,000 (S/ 1.1 M Peruvian sol) in joint income in each of the 2 previous years; and
  • Comparable level of future income and assets.

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

There’s no age limit for the EB-5 Visa. Any Peru 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 Peruvian 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 Peru Investors?

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

  • EB-5 investment
    • $800,000 (S/ 3 M Peruvian sol) for a TEA investment
    • $1,050,000 (S/ 4 M Peruvian sol) for a non-TEA investment
  • Form I-526- $3,675 (S/ 14 K Peruvian sol)
  • Application to Register Permanent Residence or Adjust Status (Form I-485)- $1,140 (S/ 4 K Peruvian sol)
  • Petition by Investor to Remove Conditions on Permanent Resident Status (Form I-829)- $3,750 (S/ 14 K Peruvian sol)

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

The Superintendencia de Banca, Seguros y AFP is the regulatory body that has framework and monetary policy for moving assets and money outside of Peru.

How can I Transfer EB-5 Funds from Peru?

Peruvian investors must show that they have invested or are in the process of investing the required minimum capital in an EB-5 Project. The EB 5 investment fund must be reflected in EB 5 Project’s escrow account before the Peru investors submit their I-526. 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 Peruvian investor’s investment will be used wholly to fund the EB-5 Project. Both the Peruvian investor and the EB-5 Project should show no relationship to the bank holding the escrow account.

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

The EB-5 priority date is the date when the Peruvian investor’s I-526 is received by the USCIS. The Peruvian investor’s place in the immigrant visa “waiting line” is indicated by the EB5 priority date. The final action dates for an EB5 Visa are updated every month in the Visa Bulletin found on the U.S. Department of State (DOS) website. The priority date is “current” if the Peruvian investor’s final action date matches their I-526 priority date. The EB5 Visa for Peruvian investors is in “current” status and indicates that no retrogression (backlog) exists for applicants from Peru.

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

Form I-526 petitions of Peruvian investors take between 29.5 and 61 months to get approved. All I-526 petitions are processed and decided by the USCIS. The exact processing time depends on the nature of the case and the USCIS service center handling the application.

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

Peru investors for the EB-5 Visa must complete 6 steps to obtain U.S. Permanent Residency.

  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. Peru 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 Peruvian investors and their dependents the same rights as Lawful Permanent Residents (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 Peruvian 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 Peru Investors?

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

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

The specific challenges faced by EB 5 Peruvian investors are related to the financial and immigration risks involved in the program. First, Peruvian investors must show proof of having enough money to invest in a new business venture and cover the costs associated with applying for an EB 5 Visa. Only money from legitimate sources transferred legally is permitted to be invested in an EB-5 Project. Second, investors from Peru need to be ready for the associated financial risks as with all investments. The EB5 Project cannot guarantee large returns or full repayment to the Peru investor. The main advantage of the EB-5 Visa for Peruvian investors is Permanent Residency for them and their families in the US. The third is choosing the right EB-5 industry project to invest in. Peru investors need to work with an experienced EB-5 Visa Attorney, an economist, a financial securities professional, and other EB-5 experts to be able to choose the best EB 5 Project with the lowest immigration and investment risks.

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

EB5 Projects are U.S. commercial enterprises that resulted from the capital of immigrant investors. EB5 Projects produce jobs that help boost economic growth in the United States. Real estate, restaurants, biotechnology, and hotel construction industries are among the best EB-5 Projects for Peruvian investors. These EB-5 Projects are consistently in and generate numerous jobs for each investor to successfully meet the EB5 eligibility for Permanent Residency.

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

The EB-5 Program holds a favorable future for Peru investors based on the country’s “current” Visa Bulletin status. The changes instituted by the 2022 EB-5 Reform and Integrity Act (RIA) permit for lower investment capital in TEA projects where Peru investors can take advantage of priority processing and visa set-asides.

What are the Other US Visa Available for Peru Nationals?

A U.S. Visa is the stamp on the travel documents of foreign citizens who wish to enter and stay in the United States. Peruvian citizens must secure a US Visa that is specific to the purpose of their visit at a U.S. Embassy or Consulate. Immigrant Visas are granted to Peruvian nationals who are qualified to enter and stay in the United States as Permanent Residents. Nonimmigrant Visas allow temporary entry and stay in the US and require Peruvian nationals to return to their home country.

The following are the US Visas available to Peruvian 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 Peruvian 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 Most Popular State in the United States for Peru Investors to Migrate to?

The U.S. states of Florida, California, New Jersey, and New York have the most Peruvian immigrant population. 

What is the Current Retrogression Situation for Peruvian Investors?

There is no backlog for the EB-5 process for Peru investors. Peruvian investors are able to obtain their EB5 Visas without additional wait times as opposed to applicants from countries with retrogression such as India and China.

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

Two of the biggest issues for Peru investors applying for an EB5 visa are creating the required number of jobs and meeting the minimum investment sum for the EB 5 Project. The business plan of the Peruvian investor must show that the EB-5 Project will create at least 10 new full-time jobs in the US. The American jobs must be maintained for at least 2 years, or until the Peruvian investor submits their I-829. The Peru investor should have evidence that the EB-5 investment was obtained legally and would only be used for the EB-5 Project. Peru investors must show proof of ownership and registration, tax returns, bank account records, and payslips to prove the legitimacy of their EB5 investment.

What is a Targeted Employment Area?

A targeted employment area (TEA) is a location in the United States with a lowered investment requirement of $800,000 (S/ 3 M Peruvian sol) to qualify for EB 5. A TEA Project is located in a high-unemployment area or a rural area. Peruvian investors gain certain advantages aside from lower capital requirements by investing in a TEA Project. TEA investors are given priority processing for their petitions and allotment of reserved visas as per the 2022 EB-5 Reform and Integrity Act (RIA). The availability of priority processing and reserved visas quicken the EB5 Green Card process for Peruvian investors 

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

Approximately 100,000 foreign investors became Permanent Residents of the United States through the EB5 Immigrant Investor Visa according to “The United States EB-5 Program” by Investment Migration Insider, from 2012 to 2022. The United Kingdom, South Korea, Taiwan, and China account for almost 80% of these EB5 investors.

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

Yes, Peruvians 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 Peruvian investors and their dependents.

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

No, an EB-5 Visa Attorney does not have the capacity to expedite the EB-5 process for Peruvian investors. The evaluation and processing of EB 5 applications are handled by the USCIS and the DOS. An EB5 Visa Attorney helps Peruvian investors avoid application delays due to mistakes, structure their paperwork for success, and ensure compliance with U.S. immigration laws.

Is Obtaining an EB-5 Easy for Peruvian Investors?

Peru investors are able to obtain their EB-5 Visas with less difficulty because of the “current” Visa Bulletin status and lack of retrogression in the application for Peru. Peruvian investors are not subject to extra wait times, unlike investors from countries with visa retrogression.

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

Yes, Peruvian H-1B Visa holders are eligible to apply for an EB5 Visa. The H1 B Visa is granted to foreign workers hired by US employers in a specialty occupation. The RIA permits Peruvian nationals with H-1B visas in the US to submit their I-526 and I-485 applications simultaneously for quicker processing without leaving the United States.

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

Yes, Peruvian investors can use loans as EB-5 Visa investments. The EB5 Loan shall be secured by the personal property and collateral of the Peruvian Investor and not those of the EB 5 Project.

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

Yes, a Peruvian student with an F-1 Visa is a qualified applicant for an EB-5 visa. An F1 Visa is a nonimmigrant visa that allows international students who are enrolled in academic programs to study in the US. The I-526 and I-485 petitions can be submitted concurrently by a Peruvian student with a valid F1 status to expedite the EB 5 Visa application process in the USA.

Can a Peru Citizen Invest in the United States?

Yes, a citizen from Peru is able to invest in the United States through the EB5 Visa and indirectly through the E-2 Visa. The E2 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. Since Peru is a non-treaty country, Peruvians will have to obtain citizenship from a treaty country prior to applying for an E2 Visa.

The E-2 Treaty Investor Visa is not a U.S. Permanent Residence program, unlike the EB-5 Visa. A substantial investment of at least $150,000 (S/ 571 K Peruvian sol) is required for an E-2 Visa investment without the need for minimum job creation. 

Does a Peruvian Citizen Need a Visa for USA?

Peruvians who are entering the US must first secure a US Visa. Different types of visas are available to Peru citizens depending on their purpose of visit to the USA.