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EB-5 Green Card

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Here is A comprehensive guide to EB-5 Investment Immigration Pathway

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Discover the EB-5 Visa Program - Your Path to Residency in the USA!

The EB-5 visa program is a sought-after choice for international investors aspiring to establish their roots in the United States while contributing to its economic growth. Crafted by the U.S. government, this initiative aims to foster foreign investment and bolster employment opportunities for American citizens.

By participating in the EB-5 program, investors gain access to a Green Card, securing their permanent residency in the United States—a gateway to limitless opportunities.

Tailored for ambitious individuals, the EB-5 visa requires a minimum investment of $1 million in a U.S. enterprise, or $500,000 in a designated Targeted Employment Area (TEA). TEAs encompass rural regions or locales marked by elevated unemployment rates. Notably, the invested capital must generate a minimum of 10 full-time job opportunities for American workers within a span of two years.

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EB-5 visa grants U.S. residency

The EB-5 visa offers a golden opportunity for qualified investors to secure permanent residency in the United States. By investing significant capital in a U.S. enterprise, individuals can obtain coveted Green Cards. Our comprehensive review delves into the myriad EB-5 visa requirements, ensuring you’re fully equipped for success.

Exciting Update: President Biden’s recent signing of the EB-5 Reform and Integrity Act of 2022 marks a significant milestone. This legislation includes the authorization of the EB-5 Regional Immigrant Investor Center Program, along with key implementation dates.

Notably, this program is slated to remain in effect until September 30, 2027, offering an extended window of opportunity for prospective investors.

Important Key Points

  • Direct residency: The EB-5 program is very popular because it provides a direct path to permanent residency and U.S citizenship.
  • Boosting the Economy: Created by Congress in 1990, the EB-5 program encourages foreign investment, job creation, and economic growth in the U.S.
  • No Green Card Purchase: Despite common misconceptions, the EB-5 program does not involve buying a Green Card. Applicants undergo a rigorous process, with only 10,000 visas available annually.
  • Managed by USCIS: The U.S. Citizenship and Immigration Services (USCIS) administers the Immigrant Investor Program, ensuring efficient processing for investors.

What is needed to apply for the EB-5 visa?

1. Find investment opportunity

To apply for the EB-5 visa, foreign investors must locate a qualifying investment opportunity, which can be either a new business venture or an existing enterprise seeking expansion.

The investment must be directed towards a legal and operational business, with the investor actively engaged in its management.

 

2. File petition with USCIS

After making the investment, the foreign investor must file a petition with the U.S. Citizenship and Immigration Services (USCIS). This petition should contain evidence of the investment and demonstrate its potential to generate employment opportunities for U.S. workers.

Upon approval of the petition, the investor will obtain a conditional Green Card, valid for a duration of two years.

 

3. Prove Investment Success

To maintain eligibility for the EB-5 visa, the foreign investor must demonstrate the success of their investment within the two-year period and confirm the creation of requisite job opportunities.

Meeting the conditions of the EB-5 visa warrants the conversion of the investor’s conditional Green Card into a permanent one. With a permanent Green Card, the investor gains the privilege of permanent residence and employment in the United States, with the option to apply for U.S. citizenship after five years.

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All EB-5 visa investors must invest in a new business enterprise that meets specific criteria:

Required Criteria

  1. Established After November 29, 1990: The business must have been founded on or after November 29, 1990.
  2. Established On or Before November 29, 1990, and:a. Restructured or Reorganized: If established before November 29, 1990, the business must have undergone a restructuring or reorganization resulting in a new business enterprise.b. Expanded through Investment: Alternatively, if established before November 29, 1990, the business must have expanded through investment, resulting in a minimum 40% increase in net worth or number of employees.

A business enterprise encompasses any for-profit activity conducted lawfully, including but not limited to:

Business Types

  • Sole proprietorship
  • Partnership (limited or general)
  • Parent company
  • Joint venture
  • Corporation
  • Business trust
  • Other public or private business entities.

 

Who can apply for an EB-5 visa?

For foreign investors

Any foreign national may apply for an EB-5 Green Card through the investor program if he or she can demonstrate certain conditions.

180 days to move to U.S.

If the foreign investor is successful in obtaining the EB-5 visa, he/she has 180 days to move to the United States. With his or her family members included in the application.

Filing petition for conditional resident card

After arriving in the United States, the investor can submit a request for a temporary permanent resident card and then request to have the conditions of the Green Card removed 90 days before the second anniversary of becoming a resident.

Eligible for U.S. citizenship

This means that individuals who invest in the EB-5 program will have the opportunity to apply for U.S. citizenship through the immigration process.

EB-5 Green Card Requirements (2024)

$800,000 investment & 10 full-time jobs

To apply for an EB-5 visa, foreign investors need to adhere to specific regulations. They must invest a minimum of $800,000 in a U.S. business that they plan to manage once they obtain residency. Furthermore, they must create 10 full-time jobs that last for at least two years through their investment.

Moreover, all projects that are approved must undergo scrutiny by regional centers to guarantee high-quality management practices are maintained consistently. This ensures that nothing is overlooked during the process of pursuing this opportunity.

How to Obtain an EB-5 Visa

To obtain an EB-5 visa, you must follow these steps:

  • Find investment in the U.S.: The initial step is to locate an investment opportunity in the United States. This can be achieved by looking for businesses close to where you live, or by conducting research using resources like immigration websites and online guides.
  • Put up investment guarantee: Next, it is necessary for investors to put up money as a guarantee so that they have an incentive. Not only because this will help their chances later on. But also because if there is any claim filed against them after the application, at least a part would still belong to someone else (the bank). Finally, after going through all those exhausting processes, we get our final result: conditional permanent residency!
  • Obtain conditional residency: Applicants must obtain conditional permanent residency to oversee their investment in the U.S. for two years after the approval of their I-526 application, whether they are in the U.S. on a nonimmigrant status or outside the country.
  • Meet requirements: Applicants must meet EB-5 program requirements by submitting the I-829 application after two years to obtain unconditional permanent residence.

The EB-5 visa application process

Choose a qualifying enterprise

To obtain an EB-5 visa, the first step is to select a qualifying commercial enterprise, which can be a new business established after Nov. 29, 1990, or an existing business that has been reorganized or expanded to meet EB-5 program requirements.

Invest the required amount of capital

Investors must invest at least $1.05million, or $800,000 in a targeted employment area, in a commercial enterprise that is actively managed by the investor.

File Form I-526

Filing Form I-526 with USCIS is required after making an investment to prove it meets EB-5 program requirements, such as job creation for US workers.

Obtain conditional permanent residency

The next step after approval of Form I-526 is to obtain conditional permanent residency either through Form I-485 or consular processing.

Remove conditions on permanent residency

Form I-829 must be filed with USCIS within 90 days before the second anniversary of conditional residency, demonstrating that the enterprise is established, the investment is made, and 10 full-time jobs have been created for US workers.

Limitations of EB-5

Discover top 5 Exceptions and Limitations for EB-5

  • There are 10,000 EB-5 visas available annually, with some reserved for investments in targeted employment areas. Not all applicants will be able to obtain an EB-5 visa each year.
  • The EB-5 visa mandates the creation of a minimum of 10 full-time jobs for American workers within two years of receiving conditional permanent residency, a stipulation that can pose challenges for investors, particularly those involved with smaller or start-up ventures.
  • The minimum investment amount for the EB-5 visa is $1.05 million, or $800,000 in targeted employment areas, which could be a challenge for some investors.
  • The EB-5 visa requires investment capital to come from lawful sources, meaning funds must be from legitimate and verifiable sources, not obtained illegally or unethically.
  • Due diligence: Application process includes extensive due diligence, including background checks and financial assessments, to ensure that the investment meets the requirements of the program and that the investor is a bona fide entrepreneur.
  • The EB-5 program allows investment through regional centers, pooling capital from investors to finance commercial enterprises. However, there are additional risks such as fraud or mismanagement, making evaluation important.
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Job creation requirements

An EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time jobs for at least 10 qualified employees.

For enterprise not located in a regional center

For a new commercial enterprise outside a regional center to qualify, it must directly create full-time jobs that are counted, making the enterprise or its wholly-owned subsidiaries the employers of the qualified employees.

For enterprise that is located in a regional center

In simpler terms, when a new business starts in a specific area, it can create jobs directly or indirectly.

Direct jobs are the ones where the business hires employees directly, and there is a clear relationship between the employer (the business) and the employees.

Indirect jobs are also created by the business, but the relationship between the employer (the business) and the employees is not as direct as in direct jobs.

For troubled enterprises

In situations where a business is facing difficulties, an EB-5 investor can still qualify for the visa program by showing that they are helping to maintain jobs. This means that the investor must prove that the number of employees working for the enterprise will not decrease for at least two years after their investment.

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How many EB-5 visas are issued each year?

In 2011, the U.S. Citizenship and Immigration Services allocated 10,000 EB-5 visas for investors annually. During that year, there was a significant rise in the number of individuals participating in the EB-5 program. More than 3,000 investors applied through the program, and around 3,500 EB-5 visas were granted in 2011, representing an 80% increase compared to the previous year.

This surge in participation can be attributed to several factors, including increased trust in the program due to the transparency provided by USCIS, improvements in the application process efficiency, and the expansion of Regional Centers across the United States. These factors likely contributed to the heightened interest and growth in the EB-5 program during that period.