US-EB5 Investor Program
The EB-5 Immigrant Investor Program is a pathway for foreign investors to obtain permanent residency in the United States by investing in job-creating businesses.
The EB-5 Immigrant Investor Program offers a unique opportunity for foreign investors to obtain permanent residency in the United States while stimulating economic growth and job creation. By meeting the program's criteria and fulfilling their investment obligations, investors can achieve their immigration goals and contribute to the U.S. economy.
Investment Requirement
- Minimum Investment Amount: Investors must invest either $1.8 million in a new commercial enterprise located within the United States or $800,000 if the investment is made in a Targeted Employment Area (TEA), which includes rural areas or areas with high unemployment rates.
- 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 United States as a Conditional Permanent Resident.
Investment Opportunities
Investors can choose to directly invest in a new commercial enterprise they establish, manage, or control. This could include starting a new business or expanding an existing one.
Alternatively, investors can invest in projects managed by approved Regional Centers. These centers pool investments from multiple EB-5 investors to finance larger projects, typically in industries such as real estate development, infrastructure, or hospitality.
Job Creation Requirement
- Direct Job Creation: For direct investments, the investor must demonstrate that the investment directly creates at least 10 full-time jobs for U.S. workers within the two-year period.
- Indirect Job Creation: Investments made through Regional Centers can also count indirect job creation, including jobs created as a result of the economic activity generated by the project, such as construction jobs or jobs in supporting industries.
Source of Funds
- Lawful Source Investors must demonstrate that the funds used for the investment were lawfully obtained. This requires providing documentation to prove the source of the investment capital, such as business profits, inheritance, sale of property, or gifts.
- Traceability: Investors must be able to trace the path of their investment funds from their original source to the investment in the EB-5 project. This ensures compliance with anti-money laundering regulations.
Conditional Permanent Residence
- Conditional Green Card: Upon approval of the EB-5 petition, investors and their immediate family members (spouse and unmarried children under 21) are granted conditional permanent residency in the United States for a two-year period.
- Removal of Conditions: Within the 90-day period before the end of the two-year conditional period, investors must file a petition to remove the conditions on their permanent residency. This requires demonstrating that the investment was sustained and that the job creation requirements were met.
Immigration Process
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I-526 Petition
The first step involves filing Form I-526, Immigrant Petition by Alien Investor, with U.S. Citizenship and Immigration Services (USCIS), along with supporting documentation proving eligibility for the program. -
Conditional Permanent Residency
Once the I-526 petition is approved, investors and their families can apply for conditional permanent residency through consular processing if they are outside the United States or through adjustment of status if they are already in the country. -
I-829 Petition
After the two-year conditional period, investors must file Form I-829, Petition by Entrepreneur to Remove Conditions, to demonstrate that the investment and job creation requirements have been met.