The EB-5 Visa program is a U.S. immigrant investor program designed to encourage foreign investment in the United States and create job opportunities for U.S. workers. It offers a pathway for eligible investors and their families to obtain U.S. green cards, leading to permanent residency in exchange for substantial investments in qualifying U.S. businesses.
The EB-5 Visa, also known as the Immigrant Investor Program, grants foreign investors the opportunity to invest in new commercial enterprises that stimulate job growth and economic development in designated areas known as Targeted Employment Areas (TEAs) or high-unemployment areas.
Green Card: Successful applicants, along with their immediate family members, receive U.S. green cards, granting them lawful permanent residency.
Investment Opportunities: Investors have the chance to participate in and profit from U.S. businesses across various industries.
Education and Healthcare: Access to quality education and healthcare for the investor, their spouse, and unmarried children under 21.
Travel Flexibility: Permanent residents can travel freely in and out of the U.S.
Path to Citizenship: After five years of maintaining investment and residency requirements, EB-5 visa holders may be eligible to apply for U.S. citizenship.
Investment Amount: Generally, investors must invest $1.05 million in a new commercial enterprise. However, if the investment is in a TEA or rural area, the required investment drops to $800,000.
Job Creation: The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor's admission to the U.S. as a conditional permanent resident.
At-Risk Investment: The investment must be placed at risk for the purpose of generating a return on the capital placed into the enterprise.
Identify Investment: Choose a qualifying EB-5 project, either independently or through a regional center.
Invest Capital: Invest the required amount into the chosen project.
File I-526 Petition: Submit Form I-526, Immigrant Petition by Alien Investor, to the United States Citizenship and Immigration Services (USCIS).
Adjudication: USCIS reviews the petition, including source of funds and job creation projections.
Conditional Green Card: If approved, investors and their families receive conditional green cards valid for two years.
I-829 Petition: Within the 90-day period preceding the second anniversary of obtaining the conditional green card, file Form I-829 to remove the conditions on permanent residency.
The EB-5 Visa program offers a unique avenue for foreign investors seeking U.S. residency while contributing to the country's economic growth and job creation. However, due to the complexities involved, seeking legal guidance is recommended to ensure a successful application process.