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EB-5 Visa Immigrant Investor Program

EB-5 Visa Immigrant Investor Program

The EB-5 Visa, also known as the EB-5 Immigrant Investor Program, allows foreign investors and their families to obtain a green card by investing $800,000 in a new commercial enterprise in the USA. The program offers benefits such as lawful residency, the freedom to live and work anywhere in the U.S., and educational and employment opportunities for the investor’s children.

To be eligible for the EB-5 visa, the investment must be a minimum of $800,000 and made in a new business located in a targeted employment area with high unemployment. The company must also create and provide full-time jobs for 10 U.S. citizens with USCIS approval.

What is the EB-5 Investor Program?

The EB-5 Investor Program allows foreign investors and their families to get a green card by investing $800,000 in a new business that creates 10 full-time jobs for U.S. citizens. To be eligible, the investor must prove the validity of their investment funds.

When was the EB-5 Investor Program Established?

The EB-5 Investor Program, also known as the Regional Center Program, was created by Congress in 1992. It provides EB-5 visas to applicants who invest in approved regional center-affiliated commercial enterprises recognized by USCIS (United States Citizenship and Immigration Services).

What is EB-5 Reauthorization?

The 2021 EB-5 Reform and Integrity Act provides the option to file the I-526 and I-485 forms together if the applicant is currently present in the United States. This results in a quicker process for obtaining an EB-5 Green Card.

The EB-5 program was reauthorized until March 2027 in March 2022. 

On August 25th, 2022, the EB-5 program resumed operations after a settlement agreement was reached between EB-5 industry stakeholders and USCIS to protect investors and reauthorize approved regional centers, which do not need to file for redesignation.

What was the purpose behind establishing the EB-5 Investor Visa Program?

Congress established the EB-5 Investor Program in 1990 to boost the U.S. economy through foreign investment and job creation. In 1992, the Regional Center Program was created to allocate EB-5 visas to investors in USCIS-approved regional centers for economic growth. The program allows for the pooling of EB-5 investments from multiple foreign investors for regional development projects, resulting in a prosperous source of finance for local economic initiatives, filling budget gaps, and revitalizing communities through job creation, infrastructure, and services.

What Are the EB-5 Investor Program Requirements?

EB-5 visa requirements include the following:

  • $800,000 investment with proof of legality.
  • Investment in a new commercial enterprise.
  • A company situated in a region targeted for employment growth.
  • Creation of 10 full-time jobs.
  • Capital investment at risk.
  • USCIS approval.

Who is eligible to participate in the EB-5 Investor Visa Program?

The EB-5 visa program is open to individuals with liquid assets. It requires an $800,000 investment in a new commercial business in a high unemployment area to create 10 full-time jobs for U.S. citizens. The EB-5 visa allows for the investor and their family members (spouse and unmarried children under 21) to apply together.

What are EB-5 Eligible Countries?

The EB-5 visa program is open to individuals from all countries worldwide. Regardless of origin, all citizens can apply for the EB-5 visa.

What are the Advantages of the EB-5 Investor Visa Program?

EB-5 visa offers a green card to foreign investors and various other benefits, making it an attractive option for those seeking to immigrate to the U.S.

  • Provides a pathway to U.S. citizenship for the investor and their family.
  • Gives access to U.S. healthcare, education, and other benefits.
  • Provides greater flexibility for international travel.
  • Offers stability and security for the investor and their family.
  • Allows for easy transfer of wealth and assets.

The benefits of the EB-5 program surpass any challenges foreign investors face when making the mandatory capital investment.

1. With the EB-5 Investor Program, the investor, their spouse, and unmarried children under 21 can receive a Green Card.

To obtain a permanent green card, the investor and their family must show that the investment created at least 10 new full-time jobs for U.S. workers and that the invested funds were legally obtained. After two years, the conditional green card can be removed, and the investor can become a lawful permanent resident with a 10-year green card. If the investment has not met the requirements, the conditional green card can be revoked, leading to the loss of the investment and the possibility of removal from the United States.

Yes, that’s correct. A Green Card provides permanent residency in the U.S. and allows the holder to live and work there indefinitely.

Yes, that’s correct. Immigrant investors can visit the U.S. using a travel visa while their I-526 application is pending USCIS approval. Once approved, they can obtain a Green Card and become permanent residents.

2. Unrestricted work for green card holders

Yes, that’s correct. The Green Card obtained through the EB-5 visa program allows holders to work in any job and location within the United States without restrictions.

3. The EB-5 Investor Program allows visa-free travel to and from the U.S. for the investor and their family.

Correct, a green card holder can travel freely in and out of the U.S. without needing a travel visa, although they may still need to meet specific entry requirements for certain countries.

4. Efficient and speedy permanent residency procedure

The EB-5 visa program is known for its efficient and fast processing time compared to other immigration processes.

5. EB-5 Investor Program through Regional Center allows flexibility to live anywhere in the U.S.

This means that the EB5 investment immigration program offers the flexibility to live anywhere in the U.S. and take advantage of the regional center’s job creation efforts. The regional center program allows the EB-5 visa holder to live and work anywhere in the U.S. instead of having to reside in the area where the investment was made.

How long does it take to receive an EB-5 visa?

EB-5 visa processing time can vary, with an average of 29.5-61 months. The timeline for obtaining an EB-5 visa varies based on the volume of applications received and processed by the USCIS each year. Typically, the initial application and petition are approved 60 days after submission, followed by an interview. For investors already in the U.S., the processing time for permanent residency adjustment can be 7–29 months. For those outside the U.S., it can take 6-12 months for the NVC and Consular to process the visa application.

How long can you stay in the E.B. 5 Investor Program?

For two years, investors must demonstrate proof of continuous presence in the United States. In the event of their compliance with the physical presence criteria, the EB-5 visa is converted to a permanent residency green card, removing the conditionality. If the investor does not meet the requirements, their conditional permanent residency status is terminated, and they may face removal proceedings.

What is the EB-5 Investor Program Process?

The EB-5 visa program is intended for foreign investors seeking a U.S. green card. To meet the requirements for this program, the applicant must undergo the EB-5 process. The program’s benefit is that it allows the investor to bring their spouse and dependent children under 21 to live in the United States.

Initially, the applicant must pick a suitable investment project that meets the EB5 investor visa criteria. This step is significant, especially if the applicant wants their petition approved. Next, the investor must submit Form I-526, also referred to as the EB-5 petition, to USCIS, after choosing the eligible investment. This form verifies that the investor has made a capital investment of $800,000 in a newly established business enterprise.

To summarize, the EB5 visa process involves choosing a qualifying investment project, filing Form I-526 (EB-5 petition) with USCIS, obtaining conditional permanent residency for two years, and filing Form I-485 or DS-260 if living in or outside the U.S. respectively, and finally, filing Form I-829 to remove conditions and prove that all EB5 requirements have been met.

What is the minimum required investment for the EB-5 visa in the United States?

The $800,000 investment must be at risk, meaning it must be invested in a new commercial enterprise and cannot be guaranteed to be returned. Additionally, the investment must create 10 full-time jobs for U.S. workers directly or indirectly. The investor must provide evidence that the jobs have been done within two years of the investor being granted a conditional green card.

What is an EB-5 Investor Program Regional Center?

Regional centers are authorized to pool investments from multiple EB-5 investors to carry out commercial and economic activities in specified geographic locations. This allows investors to take advantage of the benefits of the EB-5 visa program without the need to manage their investments actively. By pooling their resources, regional centers can create job-creating economic activity and qualify EB-5 investors for a green card.

The use of Regional Centers streamlines the EB-5 visa process and increases the chances of success for the investor. By working with a regional center, the investor can fulfill the job creation requirement more efficiently and receive support in navigating the investment process. The regional center serves as a liaison between the investor and the project, ensuring that all EB-5 requirements are met.

We offer various services to help you succeed in the EB5 visa process, including guidance on choosing an appropriate EB5 project, filing the I-526 petition, and representation during the green card application process. Our experienced immigration professionals will work closely with you to ensure a smooth and stress-free experience. Contact us today to learn more about how we can help you achieve your dream of U.S. citizenship through investment.

EB-5 Visa FAQs

How many EB5 visas can the U.S. government issue each year?

Additionally, the demand for EB-5 visas has increased recently, leading to longer processing times and a backlog of applications. Despite the long wait, the benefits of obtaining an EB-5 visa, such as permanent residency, access to U.S. education, and job opportunities, make it an attractive option for many wealthy individuals. To increase the chances of success, it is advisable to work with an experienced consultant who can help navigate the process and increase the chances of approval.

Can one still apply for E.B. 5 right now?

The EB-5 visa program is ongoing and has not been impacted by recent immigration restrictions or changes. The program has a yearly quota of 10,000 visas and a per-country limit of 700 visas, making it a popular option for wealthy foreign citizens looking to immigrate to the U.S. The processing times for each country can be checked with the USCIS.

Do I require tax returns & other financial documentation for EB5 filing?

Correct, filing tax returns is an integral part of the EB-5 visa process. Providing accurate and complete tax returns can help support the legitimacy of investment funds and increase the chances of a successful application. It’s recommended to consult with a professional for EB-5 tax planning.