The EB-5 U.S. Immigrant Investor Visa Program is available to residents of Kenya.

Contents: Requirement | Benefits | Costs | Process | Consult | FAQ

What are EB-5 Visa Requirements for Kenya?

EB-5 visa requirement – Kenya

What are the requirements for an EB5 Visa?

  • Requires investor’s investment be US $1.05 M or minimum $800 K (119M or 91M Kenyan Shillings) in a “TEA”.
  • Investment is typically through a USA Regional Center project or in a new business directly.
  • It is required to create and maintain 10 full-time jobs for a minimum of two years.
  • A direct investment can only create “direct” jobs. Furthermore, an investor should actively guide or manage the jobs.
  • An investment in a regional center can generate indirect, direct, and induced jobs and only needs passive management on the part of the investor.

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

The Central Bank of Kenya is the principal regulator in the banking sector.

Kenya EB5 Visa

The EB-5 U.S. The Immigrant Investor Visa Program is available to Kenyan citizens. There is a growing demand for the EB-5 Visa category among Kenyan nationals. If you (or your child) were born in Kenya, then you can apply for the fast-track Green Card category for the United States through the EB 5 USA Investor Visa Program.

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Targeted employment area – “TEA” is defined as:
– Rural areas
– Areas with unemployment 1.5x of the national average

Kenyan Investor age requirement

There’s no age limit. The meaning of this simply is anyone 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 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, an investor pursuing an EB-5 visa will be unable to get specific documentation. In such instances, the applicant may 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. They must be under the age of 21 to be included in a parent’s application.

Income requirement

An investor must have the qualification to support a successful business investment. What is the financial criteria? See below to know:

  • A net worth of US $1.05 million – For an individual or a married couple; or
  • $200,000 or more in Individual Income, or $300,000 or more joint income, in each of the two previous years; and
  • Comparable level of Future income and assets.

Source of Assets, plus any obligations or legal liabilities associated with these assets, play an important role in your EB-5 application. To prevent money laundering and resolve security issues, USCIS meticulously checks the source and course of the funds of an applicant. Ensuring the legitimate source and channel of their investment funds is crucial for EB-5 investors. They must present documentation that complies with USCIS’s strict requirements. In case the applicant isn’t able to provide certain documentation, he/she may submit a declaration and must explain why they are unable to provide the required documents.

In case you do not have enough investment funds, you might be wondering what can be a possible lawful alternative source of funds, right? Worry not for you may obtain funding from a variety of sources like salary, stocks, equities, and bank account deposits. Here are some of the other possible lawful funding sources:

Loans as a funding source for EB-5 investments

Typically, a financial institution provides a loan for an EB-5 investment. The loan’s collateral must be specified. In contrast to a previous regulation, USCIS now permits the use of a loan as a source of financing only if the investor is the primary lender. Additionally, the collateral must be worth at least as much as the loan amount. USCIS may issue a request for evidence (RFE) if the collateral value is close to the loan amount. EB-5 best practices advise the loan amount should not exceed 70% of the value of the collateral property.

Tax returns and other financial records

Corporate and individual tax returns should be filed in any jurisdiction within the last 5 years. When the tax returns of an applicant reveal a larger income in previous years, he or she should likewise provide tax returns for the 3 years with the highest income. Preferably, EB-5 tax planning must occur before filing and with the assistance of a professional.

EB-5 visa – Kenya: Investor, Investment, Benefits

What does an eb 5 visa do for Kenyan nationals and their family members (spouses and unmarried children under 21), who are trying to immigrate to the US? Learn about its advantages:

  • Assured route to permanent residence as long as you fulfill the minimum investment criteria and job-creation requirement without impacting your immigration status.
  • Complete freedom to travel and reside in any part of the country.
  • Getting jobs, including government jobs, or setting up one or multiple businesses, or simply leading a retired life without any employment or sponsorship-related restrictions.
  • As a permanent resident, your unmarried children can:
    • Study in some of the best institutions in the world without facing restrictions imposed on foreign students.
    • Pay 150% to 300% lower tuition fee 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 visas, or restrictions on job mobility.
  • Your spouse will automatically be granted a green card, which allows him/her to live legally, work legally, and travel just like any other permanent resident without any spouse-centric restrictions.
  • Enjoy greater international mobility through the visa-free travel privileges available just to US green cardholders.
  • Family can relocate via the EB-5 and get access to the best medical facilities

EB 5 Kenya – Immigration visa service

EB-5 visa green card program provides Kenyan nationals to obtain a permanent residence in the US upon meeting the EB-5 requirements. This EB5 Visa will allow applicants and their families to move and live in the US freely. The work opportunities available for green card holders are much higher than any other immigrant. Moreover, green card holders are not required to carry a passport when traveling throughout the United States and its territories. 

To obtain assistance with the necessary documentation and procedures for acquiring a US Residency Green Card, we advise you to employ legal counsel, who specialize in this type of program, since they can assist you on the fastest path to acquiring a Green Card in the United States.

Kenya is one of the target markets for the EB-5 companies as the number of applications is on the rise. This eb 5 visa helps secure a permanent future for the children in the US. They get the right to study anywhere and live anywhere. Since the United States is the most desired education destination, following their graduation from Kenyan colleges, many of these students prefer to gain work experience in the host country, and perhaps become residents. For U.S.- educated international students, the program can be a positive alternative to seeking H-1B visas. A lot of working professionals are also moving to the US for intentional exposure but sometimes are restricted with huge visa restrictions. EB-5 is the ideal route to bypass the complications for the Kenyan nationals.

If wealthy parents “gift” their children EB-5 funds prior to sending them to college, not only would they pay lower tuition fees as U.S. residents, but the post-graduation visa concerns would be eliminated.

How much does EB 5 Visa Cost for Kenyan citizens?

EB 5 visa cost – Kenya

EB5 visa is a path to a USA residency Green card and American Citizenship. The minimum money for an EB5 investment is either US $1.05 M or $800 K (119M or 91M Kenyan Shillings) in a TEA, Investor visa admin cost, $3,675 for I-526, $1,140 for I-485 application, $3,750 I-829 fee, and lawyer’s charges (an immigration attorney is ideal to handle this since it demands a thorough knowledge of US immigration law). Applicants investing in a TEA project should conduct expert due diligence to guarantee the proposal complies with new program criteria and will be approved. The TEA approval procedure is not separate from the I-526 filing process anymore. Failure to submit adequate data for TEA accreditation can lead to the rejection of the investor’s I-526 petition.

“TEA” is Targeted employment area defined as:
– Rural areas
– Areas with unemployment 1.5x of the national average

How can a Kenyan citizen get an EB 5 visa in USA?

EB-5 Visa Process – Kenya

Below is a step-by-step process for an EB-5 Visa application:

  1. Pick an Investment advisor & Immigration attorney.
  2. Find an EB-5 Project that meets the EB-5 program requirements.
  3. Investment of Capital & Filing of I-526 petition. (Prior to filing for an EB-5 visa at a US Embassy or Consulate outside the United States, the Form I-526 petition should first be approved by the USCIS.)
  4. Apply for Adjustment of status (I-485 application) and DS 260 form.
  5. 2-Year conditional Green card.
  6. Permanent residency & I-829 petition.

EB-5 News for Kenya

As per United States Citizenship and Immigration Services (USCIS) Visa Bulletin from June 2023, there is no backlog and no extra wait-time in the timeline for EB-5 applications from Kenya.

Kenya, EB 5 Visa Consultant

EB5 BRICS can help you navigate U.S. Immigrant Investor Green Card Program through our presence in Kenya in conjunction with our U.S. Legal Partner. Schedule a Meeting with our CEO, Vivek Tandon.

See more facts and information about another country: South Africa

EB-5 Visa Program Kenya FAQ

How many EB 5 visas does the US government issue for Kenya each year?

Currently, there is an annual limit of 10,000 such visas with a per country limit of about 700 visas; thus, there is a limit of 700 EB5 visas per year issued to Kenyans. These types of visas are increasingly becoming popular with wealthy foreign citizens who want to move to the US.

Can an international student from Kenya with an F-1 visa apply for EB5 visa?

An EB-5 is certainly available for F-1 visa students from Kenya who are in the US. In fact, EB 5 is the preferred path for students and professionals in the US to gain permanent residency allowing them to work and live anywhere in the US without requiring any employer sponsorship.

Can someone from Kenya still apply for EB 5 in 2021?

Yes, Kenyans can apply for an eb 5 visa this year. EB 5 continues to be available despite attempts to limit immigration into the US. EB 5 has been specifically excluded from any immigration bans and changes.

Can a Kenyan citizen apply for EB 5 while on H1b?

Yes, an H1-B visa is a dual intent visa which means Kenyans can apply for permanent immigration to the US through EB-5 while they are in the USA on a non-immigrant visa such as H-1B.