EB-5 IMMIGRANT INVESTOR PROGRAM - USA

The EB-5 visa is a permanent residence visa (Green card) designed for foreign Investors to invest funds in US projects, such as property developments.

Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. The program is administered by the United States Citizenship and Immigration Service (USCIS).

To be eligible for the EB-5 visa, the Investor applicant must do the following:

• Invest in a commercial enterprise in the United States, and 
• Create or preserve 10 full time jobs for qualified US workers.
  

What is the Required Minimum Investment amount to be eligible for the EB-5 visa?

Required minimum investments are:

General - The minimum qualifying investment in the United States is $1 million.
   
Targeted Employment Area  - (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $800,000 USD, in 2023.

What is a Targeted Employment Area?

A targeted employment area is an area that, at the time of investment, is a rural area or an area experiencing unemployment of at least 150 percent of the national average rate.

What is a Rural Area?

A rural area is any area outside a metropolitan statistical area (as designated by the Office of Management and Budget) or outside the boundary of any city or town having a population of 20,000 or more according to the decennial census.

EB-5 Visa Statistics for 2014:

1. China mainland born investors constituted 9,128 or 85.4% of the 10,692 grand total in the EB-5 category. This number also signifies a 32.4% relative increase from the amount of China mainland born EB-5 immigrants in FY2013, in which they constituted 80.5% of the EB-5 category total.

2. In both years, investing $500,000 in a TEA through a regional center was the overwhelming investment choice for China mainland born applicants, with 95.5% having chosen that route in FY2013 and 98.2% in FY2014.

3. Apart from mainland China, see the numbers of applicants for the EB-5 visa from different countries below:

South Korea (2.1%)
Mexico (1.2%)
China Taiwan Born (1.2%)
Vietnam (1.1%)
Russia (0.9%) 

4. Vietnam had the largest increase in the fraction of overall EB-5 immigrants between FY2013 and FY2014, while South Korea had the greatest decrease.

What are the benefits of the EB-5 program?

• Tens of thousands of jobs have been created in the US, since the program's inception in 1990. 
• Since 2008, there has been an injection of over $13.5 billion of foreign direct investment. 
• Reasonable price of the Investment - any qualified foreigner willing to invest at least $500,000 USD, and create 10 jobs in the US c an apply for an Investor Immigrant visa. 
• No English language ability or test, No related business experience, and No minimum education requirements. 
• Applicants and their family are free to live and work anywhere in the US, without restriction, including in states such as Florida or Texas with no state income tax. 
• The EB-5 program provides permanent residence for the Investor applicant and his/her spouse, and any children under the age of 21 years. No sponsor is required. 
• Employment of 10 US workers is satisfied through direct and indirect job creation. Foreign Investors using a designated Regional Center are given priority by USCIS. 
• Investors have no need to manage the investment on a daily basis. 
• Entitled to Education at US Colleges and Universities, at US resident costs. 
• The Program has No waiting list and No quota backlogs as exists in many other Employment and Sponsorship visa programs. 
• No H-1B work visa needed for employment. 
• EB-5 is the fastest way to obtain a US Green card and Citizenship. Become a US citizen after 5 years. 
• In the event of a political change / significant event in the investor’s home country, he/she and family can immediately gain entry to the U.S. without delay.
  

EB-5 Application Process:

1. File Form I-526, Petition by Alien Entrepreneur
   
2. Form I-526 is approved, then you need to either:

• File Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to a conditional permanent resident within the United States, o
• File DS-230 or DS-260, Application for Immigrant Visa and Alien Registration, with the U.S. Department of State to obtain an EB-5 visa for admission to the United States.
  

3. After the  I-485 application is approved or upon entry into the United States with an EB-5 immigrant visa, the EB-5 investor and derivative family members will be granted conditional permanent residence for a two-year period.

4. Removing Conditions - File Form I-829, Petition by Entrepreneur to Remove Conditions, 90 days before the two-year anniversary of the granting of the EB-5 investor’s conditional resident status (Green Card).

5. If USCIS approves the Form I-829 petition, the conditions will be removed from the EB-5 applicant’s status and the EB-5 investor and derivative family members will be allowed to permanently live and work in the United States.

Visaconnect can assist and advise you with the complete EB-5 application process, which includes professional and specialist legal advice from our US qualified Attorney's, guidance in finding a suitable Investment Project through our Regional Centers, completion of all Forms and paperwork and preparation of your supporting documents. Also, we openly, clearly and ethically inform you about the application process, and respond to your questions and queries immediately:

EB-5 Immigrant Investor Program Advice | US Attorneys (visaconnect.com)