The EB-5 Immigrant Investor Program, or the EB-5 Visa, allows foreign investors, along with their spouses and unmarried children under 21, to obtain a green card by investing in the USA. The primary requirement for the EB-5 Visa program is that the investor invests $800,000 in a new commercial enterprise. Benefits of the EB-5 immigrant investor program (EB-5 Visa) include lawful residence in the U.S., the freedom to work and live anywhere in the United States, and educational and employment opportunities for the applicant’s children.
The EB-5 Visa Program mandates a minimum capital investment of $800,000, which must be directed toward a new business. Furthermore, the business must be in a targeted employment area with a high unemployment rate. Additionally, the new business must be capable of generating full-time employment for at least 10 U.S. citizens. Lastly, the project must be approved by the United States Citizenship and Immigration Services (USCIS).
The EB-5 Investor Program allows foreign investors and their spouses and dependents (unmarried children below 21) to obtain a green card if they meet the program’s requirements. The EB-5 Visa necessitates the applicant to invest a minimum of $800,000 in a new business. In addition, this new business must create ten full-time positions for United States citizens. To qualify for the EB-5 Immigrant Investor Program, the investor must demonstrate and provide evidence of the source’s validity.
The EB-5 Investor Program, also known as the Regional Center Program, was established by Congress in 1992. This program grants EB-5 visas to applicants who invest in commercial enterprises affiliated with regional centers approved by the United States Citizenship and Immigration Services (USCIS).
Under the EB-5 Reform and Integrity Act of 2021, applicants legally present in the USA can concurrently file their EB-5 application Form I-526 and I-485 (Adjustment of Status) for a Green Card. The EB-5 Reform and Integrity Act of 2021 expedite obtaining the EB-5 Green Card by saving a few months to years for applicants in the USA.
EB-5 Reauthorization was passed in March 2022, extending the validity of the EB-5 Program until March 2027.
On August 25th, 2022, the EB-5 program officially resumed operations after reaching a settlement agreement with various stakeholders in the EB-5 industry and the United States Citizenship and Immigration Services (USCIS). This agreement ensures the protection of EB-5 investors and reauthorizes previously approved regional centers. As a result, all previously approved regional centers are not required to file for re-designation.
The EB-5 Investor Program was established by the U.S. Congress in 1990 to stimulate the U.S. economy through foreign capital investment and job creation. In 1992 the Immigrant Investor Program, also known as the Regional Center Program, was introduced. This program reserves EB-5 visas for participants who invest in businesses affiliated with USCIS-approved regional centers based on plans for promoting economic growth. The economic impact of the EB-5 visa program was further amplified by allowing Regional Centers to pool EB-5 capital from multiple foreign investors for investment in economic development projects. The investment immigration to the U.S. program has been a remarkable success, bridging financing gaps in municipal budgets and providing a crucial source of funding for regional economic development initiatives. These initiatives revitalize communities and support job creation, infrastructure development, and essential services.
The EB-5 visa program entails several requirements for investors: they must make an EB5 visa investment of $800,000 with documented proof of its legal source; invest the EB5 funds in a new commercial enterprise; ensure the new business is located in a targeted employment area; create ten full-time positions; keep the invested capital at risk; and obtain approval from the USCIS for the investment in the USA in order to be eligible for citizenship.
The EB-5 visa program is open to individuals from all countries. So whether you are from Asia, Europe, Africa, North America, South America, or Australia, citizens from all countries are welcome to apply for the EB-5 program.
The benefits of the EB-5 visa investor program make the arduous process of legal immigration worthwhile for foreign nationals desiring to move to the United States. These benefits include:
The benefits of the EB-5 investor program outweigh foreign investors’ challenges in meeting the required capital investment amount.
The EB-5 visa investment program grants conditional green cards to investors, their spouses, and eligible dependents. This allows them to stay in the United States for two years.
Obtaining permanent residency in the United States, also known as a “Green Card,” provides immigrant investors with the opportunity to live and work continuously in the country.
Through the investment citizenship USA program, immigrant investors become “Permanent Residents” and obtain a Green Card if USCIS approves their I-526 application. In the meantime, they are allowed to visit the United States using a travel visa.
One of the advantages of the EB-5 visa program is unrestricted work for green card holders. This means that individuals who obtain a green card through the program have the freedom to work in any job and anywhere in the United States where employment is accredited or legal.
Investors who are granted a U.S. green card through the EB-5 program can travel to and from the United States without needing a visa. This visa-free international travel is unlimited and serves as a significant advantage of the EB-5 visa program.
Unlike other immigration processes that can take several years to complete, the EB-5 immigration process is known for its efficiency and speed. EB-5 investors often acquire conditional permanent resident status in less than two years from the date the Citizenship by Investment USA application is filed. This streamlined process allows investors to obtain permanent residency relatively quickly.
The EB-5 visa program, specifically through the regional center pilot program established in 1992, enables investors to live anywhere in the United States. Regional center investments are associated with a designated “Regional Center” economic unit, which allows for a broader approach to employee development, encompassing both “indirect” and “direct” job creation. This flexibility provides investors with the opportunity to choose their preferred location of residence within the United States.
On average, it takes between 29.5 and 61 months to obtain an EB-5 visa, as estimated by USCIS processing times. However, the processing periods for an EB-5 visa can vary based on the number of pending applications and the annual filing volume. Typically, the initial application and petition are accepted within sixty days of filing, followed by a scheduled interview. For foreign investors who are already present in the United States and wish to adjust their status, the processing time for Form I-485, Application to Register Permanent Residence or Adjust Status, ranges from 7 to 29 months. For foreign investors outside the U.S., it takes between 6 and 12 months for the National Visa Center and Consular to process visa applications.
Investors can stay in the EB-5 program for two years. During this conditional residency period, investors must meet the requirements for physical presence. It is important to note that investors can travel outside the U.S. for less than a year only. If an immigrant investor has lived outside the United States for more than one year, they must obtain a re-entry permit to maintain their status.
The EB-5 Investor visa program is designed for offshore investors who, upon meeting the requirements of EB-5, seek to obtain a U.S. investment green card. In addition, this program allows applicants to bring their spouse and children (single and under 21 years of age) to live in the United States. To qualify for the EB-5 immigrant investor program, applicants must follow a specific EB-5 green card process.
First, the investor must choose an appropriate project that meets the requirements of the EB5 investor visa program. Selecting a qualifying investment is crucial, particularly if the applicant is keen on getting his petition approved. Second, once an appropriate investment has been chosen, the investor must file Form I-526, known as the EB-5 petition, with the USCIS. This form confirms that the investor has invested in a new commercial enterprise with a capital investment of $800,000.
Next, once the USCIS has approved the I-526 petition, the investor will be granted a conditional permanent green card for two years. This, however, differs if the investor is living outside the US or living in the US. For those investors living outside the US, the filing of Form DS-260 with
To apply for an investment green card in the USA through the EB-5 visa program, investors must commit a capital expenditure of $800,000. In addition, the investor needs to provide evidence that the EB-5 capital is their own and demonstrate the legitimacy of the capital source. This can be done through documentation such as bank statements, real estate assets, investments, and business ventures.
An EB-5 Investor Program Regional Center is a public or private economic entity in the U.S. that actively promotes economic development by stimulating regional productivity, generating employment opportunities, and encouraging domestic capital investment. When the USCIS designates a regional center, it allows the organization to serve as a service agent for both EB-5 investors and project developers by managing the financial aspects of the investors’ capital.
By investing through regional centers, EB-5 investors can prudently allocate their funds to meet the requirements of the EB-5 visa program. Without the assistance of an EB-5 Regional Center, it can be challenging to fulfill certain conditions, such as the creation of 10 full-time jobs. In addition, investing in EB-5 projects through a regional center increases the likelihood of having an investor’s application and investment approved.
EB5 States is here to guide you in achieving citizenship through investment. As consultants, we have successfully assisted numerous families in navigating the EB5 immigration process.
Contact us to schedule a One-on-One Meeting with Vivek Tandon, Esq., a U.S. Lawyer and Investment Banker.
EB5 States also offers direct investment projects, including Circa Las Vegas, Flying Biscuit, and Drunken Dragon.
Currently, the U.S. government has an annual limit of 10,000 EB5 visas, with a per-country limit of approximately 700 visas. This visa category has gained popularity among wealthy foreign citizens seeking to relocate to the U.S.
Yes, the EB-5 program is still available; despite efforts to restrict immigration into the U.S. EB-5 has been specifically exempted from any immigration bans or changes. See the processing times for different countries.
Applicants must submit individual and corporate/partnership tax returns for any jurisdiction within the last five years. If an applicant’s tax returns show higher income in previous years, including tax returns for the three years with the highest income is advisable. Ideally, EB-5 tax planning should be conducted before filing with an expert’s assistance.
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