US EB-5 Program
Created to stimulate foreign investments and economic growth in the United States of America
The EB-5 immigrant investor program, created in 1990, allows foreign nationals to obtain a U.S. green card by investing in a new commercial enterprise that creates at least 10 full-time jobs for American workers. In March 2022, the EB-5 Reform and Integrity Act was signed into law, increasing the minimum investment amounts, and making other changes to the program: – Minimum investment increased to $1.05 million (or $800,000 for projects in Targeted Employment Areas) – Set-asides introduced reserving visas for projects in rural areas (20%), high unemployment areas (10%), and infrastructure projects (2%) – Programme authorization extended to 2027 – New integrity measures added such as site visits and mandatory audits.
Eligibility Criteria
To qualify for the EB-5 visa through investment, applicants must:
– Invest at least $1.05 million (or $800,000 in a Targeted Employment Area) in a new commercial enterprise in the U.S.
– Demonstrate the investment capital came from a lawful source
– Create at least 10 full-time jobs for U.S. workers
– Engage in the management of the enterprise (either through day-to-day management or policy formulation)
Benefits
The EB-5 program offers several benefits to immigrant investors and their families:
– Green cards for investors, spouses, and unmarried children under 21
– No requirement for specific educational level, language skills, or management experience
– Ability to live and work anywhere in the U.S. after obtaining conditional residency
– Potential to expedite the path to permanent residency and U.S. citizenship
UNITED STATES FACT SHEETS
Capital: Washington, D.C.
Major cities: New York City, Los Angeles, Chicago
Population: 331 million (2021)
GDP: $21.4 trillion (2021)
Average Income: $56,000
Process Overview
The EB-5 process consists of the following main steps:
Select and vet an investment project
Make the capital investment and file an I-526 petition
Obtain conditional permanent residency (2 years)
Remove conditions and acquire unconditional permanent residency
Apply for U.S. citizenship after 5 years
FREQUENTLY ASKED QUESTIONS
There is no minimum age requirement for the EB-5 visa program. However, children under 21 can obtain a green card as the derivative of their parents' EB-5 application.
The estimated timeline for the EB-5 process is:
- 1-2 months to select a project and prepare an I-526 petition.
- 6-12 months for I-526 processing by USCIS
- 2-4 months to file DS-260 and attend visa interview after I-526 approval.
- 2-6 weeks to acquire a conditional green card after visa approval.
- 21-24 months to remove conditions and obtain a 10-year green card.
So, the total estimated time is 15-22 months from filing I-526 until receiving a conditional green card for investors abroad. The process can be faster for investors already in the U.S. adjusting status.
Yes, EB-5 investors can manage their qualifying investment remotely and are not required to live in the place of investment. However, they must engage in management activities.
No, there are no English language requirements to qualify for the EB-5 investor visa program.
Yes, EB-5 investors and their dependents can work and study anywhere in the U.S. after obtaining conditional or permanent residency.
Yes, there is an annual quota of 10,000 visas for the EB-5 program. The new law reserves some visas for projects in rural and high-unemployment areas.
If the EB-5 investor fails to create the required 10 full-time jobs by the end of the two-year conditional residency period, their I-829 petition to remove conditions may be denied. This means:
- Loss of permanent resident status
- The investor, spouse, and children may be subject to removal from the U.S.
- The invested capital could be at risk if the project fails.
To prevent this, it is crucial to thoroughly vet the investment project, work with reputable regional centers, document job creation, and ensure the business plan is realistic. USCIS conducts site visits and mandatory audits to verify job creation.
Yes, you can invest in different EB-5 projects as long as each investment meets all program requirements independently.
TEAs are rural areas or areas with high unemployment rates that qualify for the reduced $800,000 EB-5 investment threshold.