The EB-5 visa is the fifth preference of employment-based immigration. The EB-5 Program was created by Congress in 1990 as a way to stimulate the U.S. economy through capital investment by foreign entrepreneurs and job creation. Foreign nationals receive green cards for themselves and their immediate families in exchange for capital investment into job-creating U.S. new commercial enterprises.
EB-5 investors can invest directly into the new commercial enterprises or they can invest through regional centers. The minimum investment amount is $1 million or $500,000 in a project located in a Targeted Employment Area (TEA). The majority of investors choose to invest in TEA which is a rural or high-unemployment area in order to qualify for the lower minimum investment requirement.
Foreign nationals can qualify for the EB-5 visa if they have the required capital investment and can prove that the funds for it came from lawful sources. Each EB-5 investor must invest in a project that credits them with the creation of 10 full-time jobs for qualified U.S. workers. Depending on whether an investor chooses the Direct Program or the Regional Center Program, these jobs may have to be direct jobs, indirect jobs, and/or induced jobs. Once an EB-5 investor can show that they invested in an eligible project that created the requisite number of jobs they can submit a petition to remove the conditions on their green cards.
Why is the EB-5 visa popular? What are the benefits?
The EB-5 visa continues to grow in popularity for it’s faster route to a green card for foreign nationals. Other routes, depending on the country of origin, can take an individual up to 15 years to obtain a visa. The EB-5 visa also offers more freedoms compared to other visa categories. It offers the American Dream.
EB-5 investors are not tied to an employer or a geographic location. In fact, EB-5 investors can live, work, and travel freely throughout the U.S. Another huge benefit to the EB-5 visa is that spouses and children under the age of 21 years can all qualify under the EB-5 investor’s application. Many EB-5 investors are attracted to the program because they’re interested in sending their children to the world-class schools and universities that the U.S. offers. Additionally, after living in the U.S., EB-5 investors may qualify for reduced in-state tuition. Lastly, after 5 years, an EB-5 investor and their immediate family may be eligible for U.S. citizenship.
How can you get started investing in the EB-5 Program?
If the EB-5 Program sounds like the right visa category for you and your family and you have the funds and/or assets to get started investing in the program, consult with an immigration attorney. Read about the 5 Basic EB-5 Requirements and Tips for Applying.
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