Do I Qualify For The EB-5 Immigrant Investor Program?

Who qualifies for the EB-5 Immigrant Investor Program? Why do entrepreneurs often prefer the EB-5 Immigrant Investor Program over the Direct Investment Program? Are the benefits of the Immigrant Investor Program worth it? What else should you know?

Who qualifies for the EB-5 Immigrant Investor Program?

The EB-5 Immigrant Investor Program is also known as the EB-5 Regional Center Program. Under this program, an entrepreneur makes a capital investment into a job-creating commercial enterprise in order to qualify for permanent residency in the U.S.

Basically, in order to qualify an individual must be:

• A foreign national
• Able to invest $500,000 in a commercial enterprise in the United States
• Must be able to show that the funds came from lawful sources (income, sale of assets, gift, inheritance, loan, savings, or other sources)
• Must create or preserve 10 full-time permanent jobs for U.S. workers

That’s it, those are the main criteria. There are no age, skill, managerial, language, or education requirements. Additionally, the principal investor’s spouse and unmarried children under the age of 21 all qualify for visas under the principal investor’s application.

Why do the majority of foreign investors chose the EB-5 Immigrant Investor Program over the EB-5 Direct Investment Program?

Entrepreneurs chose the EB-5 Immigrant Investor Program over the Direct Investment Program because it provides an easier pathway to green card status. It does so in two ways:

1. It places a professional management team run by a regional center of the investor’s choice in charge of the day-to-day responsibilities of the EB-5 project.

2. The Immigrant Investor Program benefits from being able to count indirect and induced job creation in addition to direct job creation, meaning that fulfilling the job creation requirements is easier than in the Direct Investment Program.

Are the benefits of the Immigrant Investor Program worth choosing it over the Direct Investment Program or even other visa programs?

• The Immigrant Investor Program is by far the best option for foreign nationals looking to gain U.S. permanent residency.
• Investing with a regional center means that the investor can be hands off with their investment. They only have to partake in limited policy making.
• The easier job creation requirements make it a less risky investment that the Direct Investment option.
• Regional Centers understand the value of targeted employment area designation and will take advantage of the lower investment amount of $500,000.
• Regional Centers act as EB-5 expert intermediaries between the investors and the project developers so that investors are updated at every step of the project.
• Investors in the Regional Center Program do not need to live near their investments and can therefore live in excellent school districts for their children instead.

What else should you know?

Invest early to lock your place in line. The EB-5 Program works on a first-come first-serve basis. Your priority date for obtaining a visa is determined by your I-526 Petition receipt sent to you by USCIS so apply as early as possible while the minimum investment amount is $500,000 and not $1,350,000 (which it may jump to at any time!).

The EB-5 Immigrant Investor Program sunset date is approaching this summer. Consult with an immigration attorney now.