The EB-5 Program is available to foreign nationals seeking United States citizenship by investing in new commercial enterprises that will benefit the United States economy by creating jobs for United States workers.
Under the EB-5 Program, foreign nationals who invest in certain United States businesses can obtain permanent resident status in the United States for themselves, their spouse, and their unmarried children under the age of twenty-one (21).
Each investment must create at least ten (10) qualifying United States jobs. However, many investors choose to make their EB-5 investments through designated Regional Centers because investors may delegate most aspects of the EB-5 investment to Regional Centers, which do things such as structure the investment to be compliant with USCIS regulations, manage the day-to-day operations of the investment, and pools investments to expand job creation statistics.
A qualified investor must invest at least five hundred thousand USD ($500,000.00) into a new commercial enterprise in a "Targeted Employment Area" to qualify for an EB-5 visa.
The EB-5 Program has a number of benefits for investors seeking permanent residence in the United States, including the following:
Obtaining an EB-5 visa requires careful consideration and proper execution of all relevant documents. It is important that EB-5 investors carefully analyze the investment opportunity, consider their options, and work with their immigration counsel to ensure the EB-5 petition's success. If any EB-5 investor does not have counsel, a list of independent immigration attorneys will be provided to the EB-5 investor.
Potential EB-5 investors should contact us to receive our preliminary investor questionnaire. Once completed, your responses will be evaluated internally to determine EB-5 eligibility. Review will be completed in no more than twenty-four hours. An investor questionnaire may be obtained by completing the form under our "Contact Us" section, or by clicking the button below.
If approved, potential EB-5 investors will be contacted by a member of our team to discuss available investment offerings. Once the potential EB-5 investor has decided which project meets the potential EB-5 investor's stated investment objectives, a numbered Private Placement Memorandum ("PPM") and Subscription Agreement will be delivered to the potential EB-5 investor. At that point, a potential EB-5 investor should review all documents with their attorney and prepare the source of funds documentation enclosed therein.
If the potential EB-5 investor decides to invest, the investor should execute the Subscription Agreement and transfer funds in accordance with the instructions enclosed therein.
I-526 documents are sent to the EB-5 investor's immigration counsel for preparation of the I-526 Petition. EB-5 investor's counsel then returns draft of I-526 for review. Once approved, the EB-5 investor's counsel may submit the I-526 for USCIS adjudication.
Upon successful adjudication of I-526 Petition, EB-5 investor's immigration counsel files application for immigrant visa or adjustment of status.
USCIS approval of immigrant visa or adjustment of status allows the EB-5 investor to be a conditional permanent resident. Within six (6) months of conditional permanent residency period ending, EB-5 investor's immigration counsel files an I-829 Petition for removal of conditional status.
The EB-5 Program was created by the U.S. Congress in 1990 to stimulate the U.S. economy through job creation by foreign national investors seeking to become lawful permanent residents. There are 10,000 EB-5 visas available annually.
For investments in areas other than "Targeted Employment Areas" (TEAs), the minimum amount of investment is one million USD ($1,000,000). Investments in TEAs, which include most regional center projects, can qualify with a minimum investment of five hundred thousand USD ($500,000).
A "Targeted Employment Area" is rural area or geographic area that has experienced unemployment at a rate of at least 150% of the national average rate. Individual states are authorized to designate geographical areas within the state that qualify as "Targeted Employment Areas".
Each EB-5 investor must create 10 direct or indirect qualifying jobs for U.S. workers in order to obtain a "green card".
Any person who can demonstrate the ability to: invest the required amount into the US economy; document that the capital was lawfully earned; and satisfy the general eligibility requirements for immigration. The EB-5 Program does not impose verbal, educational, or business experience requirements for applicants.
A successful EB-5 investor's spouse and unmarried children under the age of twenty-one (21) are eligible to recieve a green card through the EB-5 Program.
Under current USCIS regulations, EB-5 investors must demonstrate that their investment capital was gained in a lawful manner. Investment capital may be demonstrated as "lawfully earned" if such funds were obtained through lawful business earnings, salary, sale of investments, property sales, gifts, loans, or other lawful means. Parents or other relatives may gift investor capital, so long as the gift is documented a a transaction.
Purusant to USCIS regulations, an investor who files an I-526 petition and is approved for the EB-5 Program receives a "conditional" green card, which is a temporary green card that is valid for two (2) years. EB-5 investors must file an I-829 petition to remove the "conditional" aspect of their permanent resident status within ninety (90) days of the end of their two (2) year period of conditional residency. An EB-5 investor's conditional residency will be extended while USCIS processes their I-829 petition. If the I-829 is approved, the "conditional" restriction will be removed so that the immigrant, their spouse, and their unmarried children under the age of twenty-one (21) can live in the U.S. permanently.
The EB-5 investor must prove through their I-829 petition that their investment has been sustained, meaning the EB-5 investor must prove that the investment was not withdrawn, and that the requisite jobs creation requirement has been satisfied as a result of the EB-5 investment.
Conditional permanent residents are free to travel in and out of the U.S. subject to the rules generally applicable to permanent residents. However, the EB-5 investor must maintain a residence in the U.S. and must not be outside of the U.S. for a continuous period of one year or more, unless they have obtained a reentry permit.
Yes, the full capital requirement must be transferred to the project prior to filing the USCIS I-526 petition.
All investments are subject to risks including Regional Center projects. Under the federal immigration laws, USCIS regulations, and immigration court precedent, EB-5 Regional Centers may not guarantee a profit or the return of an investor's principal investment. Regional Center projects have limited operating history and are subject to financial risk. There are no assurances that a member's petition will be granted, that a member will be able to obtain a visa or unconditional lawful permanent resident status, Laws, regulations, and interpretation of the EB-5 Program are subject to change at any time.