EB5 Immigrant Investor Program

EB5 Immigrant Investor Program

EB5 Immigrant Investor Program

EB-5 Immigrant Investor Program known as EB-5 Visa allows foreign investors, with their spouses and unmarried children under the age of 21 to get a green card by investing in the USA. The primary condition for EB5 Visa program is for the investor to invest an amount of $800,000 in a new commercial enterprise. EB-5 immigrant investor program (EB-5 Visa) benefits include a lawful stay in the U.S., freedom to work and live anywhere in the United States; and opportunities for education and work for the applicant’s children.

The EB-5 Visa Program requires a minimum of $800,000 capital investment that must be invested in a new business. The business location must be in a targeted employment area and be identified as having a high unemployment rate. The new business must be able to produce and hire 10 US citizens with full-time employment. Lastly, the project must be USCIS-approved (United States Citizenship and Immigration Services).

What is the EB-5 Investor Program?

The EB-5 investor program permits foreign investors, their spouses, and dependents (unmarried children below 21 years of age) to receive a green card if they meet the program’s requirements. EB 5 Visa requires the applicant to spend at least $800,000 in a new business. The new business must create ten full-time positions for United States citizens. To qualify for the EB5 Immigrant Investor Program, the investor must demonstrate and substantiate the source’s validity.

When was the EB-5 Investor Program Established?​

The EB-5 Investor Program was established by Congress in 1992, otherwise called the Regional Center Program. This program allocates EB-5 visas to applicants who invest in regional center-affiliated commercial enterprises accepted by the United States Citizenship and Immigration Services (USCIS).

What is EB-5 Reauthorization?

According to the EB-5 Reform and Integrity Act of 2021, the EB-5 application Form I-526 and I-485 (Adjustment of Status) for a Green Card may be filed concurrently if the applicant is legally present in the USA. EB-5 Reform and Integrity Act of 2021 saves a few months to years on getting the EB-5 Green Card, if the applicant is present in the USA.

EB-5 Reauthorization was passed on March 2022 for EB-5 Program to be valid till the March 2027.

On August 25th, 2022, the EB-5 program was officially back in operation after several EB-5 industry stakeholders reached a settlement agreement with the United States Citizenship and Immigration Services (USCIS) that safeguards EB-5 investors and re-authorizes previously approved regional centers. All previously approved regional centers do not need to file for re-designation.

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Why was the EB-5 Investor Visa Program created?

The EB-5 Investor Program was created 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, known as the Regional Center Program, was established. It reserves EB-5 visas for participants who make investments in businesses connected to USCIS approved regional centers, based on plans for fostering economic growth. The economic impact of the EB-5 visa program was further enhanced by allowing Regional Centers to pool EB-5 capital from various foreign investors for investment in economic development projects. The investment immigration to U.S. program was a huge success, filling the financing gaps in municipal budgets, and providing a fresh, essential source of finance for regional economic development initiatives. These initiatives breathe new life into communities and support the creation and maintenance of jobs, infrastructure, and services.

What Are the EB-5 Investor Program Requirements?

The EB-5 visa requirements oblige the investor to produce an EB5 visa investment of $800,000 with proof of its legal source; invest the EB5 fund in a new commercial enterprise; the new business must be located in a targeted employment area; create 10 full-time employment; the capital invested is at-risk; and the investment in the USA for citizenship must be approved by the USCIS.

Who Can Apply for the EB-5 Investor Program?

Individuals with highly liquid financial assets can apply for the EB-5 visa Investor program. The US investment immigration program requires the investor to put up an EB5 fund worth $800,000 to be invested in a new commercial business. The project must be invested in a targeted employment area with a high unemployment rate and employ 10 US workers in full-time positions. An investor immigrant applies together with his or her spouse and unmarried children under the age of 21.

What are EB-5 Eligible Countries?

People from all countries are eligible to participate in the EB-5 visa program. Whether you are from continents of Asia, Europe, Africa, North America, South America or Australia, it does not matter, citizens of all countries are welcome to apply for EB-5.

What are EB-5 Eligible Countries?

People from all countries are eligible to participate in the EB-5 visa program. Whether you are from continents of Asia, Europe, Africa, North America, South America or Australia, it does not matter, citizens of all countries are welcome to apply for EB-5.

  • Enables the investor, their spouses, and their eligible children to legally reside, study, and work in the United States.
  • Expedites the road to permanent residency more quickly than other visas and green cards.
  • Does not require visa sponsorship.
  • Work and live anywhere in the United States.
  • Enables the investor’s children to study and work in the U.S.
  • Leads to profits and additional income with the right investment.

The EB-5 Investor Program benefits outweigh the issues a foreign investor is likely to encounter in producing the required capital investment amount.

1. Issued Green Card to the investor and their spouse and unmarried children under 21

The EB5 visa investment program issues a conditional green card to the investors, their spouses, and qualified dependents. The conditional US visa allows the holder to stay in the US for two years.

Permanent residency in the United States, or a “Green Card,” is an immigration status that permits foreign nationals to live and work continuously in the United States.

Immigrant investors become “Permanent Residents” and obtain a Green Card through the investment citizenship USA program if USCIS approves their I-526 application. In the meantime, they are allowed to visit the United States using a travel visa.

2. Unrestricted work for green card holders

Unrestricted work for green card holders is one of the advantages of the EB 5 visa program. Unrestricted work for US citizenship by investment means employment in any type of job and anywhere in the US is accredited or legal.

3. Visa-free international travel to and from the United States

An investor who was granted a US green card by investment is able to travel to and from the US without a visa. This visa-free international travel is unlimited and is one of the advantages of the US EB5 visa program.

4. Efficient and speedy permanent residency procedure

Unlike other immigration processes that take years to complete, EB-5 immigration is efficient and fast. An EB5 investor often acquires conditional permanent resident status in less than two years from the date the citizenship by investment USA application is filed.

5. Allows investors to live anywhere in the United States through the Regional Center Pilot Program

The US citizenship investment of EB5 visa allows investors to live anywhere in the US via the regional center pilot program. The regional center pilot program, created in 1992, provides funding for investments associated with a “Regional Center” economic unit. Regional center investments take advantage of a broader idea of employment development that includes both “indirect” and “direct” jobs.

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

On Average, it takes between 29.5 and 61 months to get an EB-5 visa, according to USCIS processing estimates. The USCIS processing periods for an EB-5 visa fluctuate based on the number of pending applications and the number of applications filed annually. The first application and petition are often accepted within sixty days of the filing date, followed by a scheduled interview. For foreign investors present in the United State who 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.

How long can you stay in the EB 5 Investor Program?

The investor can stay in the EB 5 program for two years. During the course of the 2-year conditional residency, the investor will have to comply with the physical presence criteria. The investor is allowed to travel outside the US for a period of less than a year only. An immigrant investor must obtain a re-entry permit if they have lived outside the United States for more than one year.

What is the EB-5 Investor Program Process?

EB-5 Visa ApplicationThe EB-5 Investor visa program is designed for offshore investors who, upon meeting the EB5 requirements, obtain a U.S. investment green card. Through this program, the applicants are able to bring their spouse and children (single and under 21 years of age) with them to live in the United States. To qualify for the EB5 immigrant investor program, the applicant must follow the 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 a US Embassy or US Consulate is required. On the other hand, investors living in the US should file Form I-485 or the Request for Adjustment Status. The last step the investor should take is to file Form I-829, which is the petition to remove conditions. When applying for the removal of conditions, the investor must present proof that all the EB5 requirements have been met.

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How much money is necessary for an EB-5 visa investor in the USA?

To apply for an investment green card USA, an EB-5 visa investor must be able to commit $800,000 as capital expenditure. The investor must be able to prove that the EB-5 Cost was his own and show the legitimacy of the capital source, such as bank statements, real estate assets, investments, and business ventures.

What is an EB-5 Investor Program Regional Center?

An EB-5 Investor Program Regional Center is a public or private economic entity in the U.S. that is engaged in actively advancing economic development by enhancing regional productivity, generating jobs, and boosting domestic capital investment. The designation of a regional center by the USCIS enables a company to act as a service agent for EB-5 investors and project developers by controlling the finances of the investors.

Through the regional centers, EB-5 investors invest funds prudently, so they easily achieve the EB 5 Visa investment requirements. Without the assistance of an EB-5 Regional Center, it is difficult to meet some conditions, such as the creation of 10 full-time jobs. Investing through a regional center in EB-5 Projects increases the likelihood of getting an investor’s application and investment approved.

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EB-5 Visa FAQs

How many EB5 visas can the US government issue each year?

Currently, there is an annual limit of 10,000 such visas with a per country limit of about 700 visas. This type of visa is increasingly becoming popular with wealthy foreign citizens who want to move to the US.

Can one still apply for EB 5 right now?

Yes 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. see Processing times for countries

do I require Tax returns & other financial documentation for EB5 filing?

Individual and corporate/partnership tax returns must be filed in any jurisdiction within the last five years. When an applicant’s tax returns reveal a larger income in previous years, he or she should additionally provide tax returns for the three years with the highest income. Ideally, EB-5 tax planning should occur before filing and with the assistance of an expert.