United States EB5 Visa
The EB-5 United States Investment Visa program offers a unique pathway for foreign investors seeking permanent residency in the United States. By investing in U.S. businesses and creating jobs, investors not only secure their future in America but also contribute to the nation’s economy. The EB-5 Visa requires a financial commitment of at least USD 800,000.
This program grants a conditional Green Card for 2 years, after which a petition can be filed to remove those conditions.
United States EB5 Visa Benefits
Residency and Family Inclusion
- Obtaining a Green Card (Permanent Residence in USA) for the investor and family members.
Dependents included:
- Spouse.
- Children under 21.
Travel and Quality of Life
Right to live, work, and study in the U.S.
eb 5 visa minimum investment and Requirements
- Invest in a New Commercial Enterprise located in a Targeted. Employment Area (TEA) or outside a TEA:
– Investment in TEA: the minimum qualifying investment is USD 800,000.
– Investment outside TEA: the standard minimum qualifying investment is USD 1,050,000. - Must provide proof of the source of funds used for investment.
- Investment must be at risk and meet a statutory job creation of at least 10 jobs.
eb5 visa investment Options
Direct Investment
- Set up a New Commercial Enterprise (NCE).
- Make the necessary investment into the NCE.
- The NCE must directly create 10 permanent full-time jobs for qualified U.S. workers.
Regional Center
- No requirement for the applicant to set up an NCE.
- The applicant meets the statutory job creation requirements based notably on economic projections counting direct and indirect jobs.
United States EB5 Process
Processing time To be Announced
Due Diligence And Application
Submit the completed application forms and required documents.
Approval And Investment
Countries experiencing high EB5 Visa demand are subject to a backlog delaying the application’s processing time.
Residency
- The USCIS will grant residency to successful applicants once applicants receive the 2-year conditional green card.
- Before the 2nd anniversary of the conditional Green Card, the candidate must file a petition for removal of the condition set on the conditional Green Card.
Contact us
With over 30 years of immigration experience, each of Harvey Law Group’s lawyers carefully studies each client’s needs, resources and determines the immigration solution that best aligns with our client’s vision and values.
Frequently Asked Questions
What is the EB5 visa?
The EB-5 Immigrant Investor Visa Program allows foreign investors to gain permanent U.S. residency by investing $800,000 in a new U.S. enterprise that creates at least 10 jobs.
What is an I-526 petition? What does I-526 approval mean?
The I-526 petition is the application form required for investors seeking U.S. residency through the EB-5 program, and approval signifies USCIS endorsement of the investment and job creation claims.
What is an I-829 petition? What does I-829 approval mean?
The I-829 petition is filed by EB-5 investors to remove conditions on their Green Card by proving the creation of 10 full-time jobs, with approval confirming permanent U.S. resident status.
What is a regional center?
A Regional Center is a USCIS-designated entity that supports economic growth and job creation in specific U.S. areas, and can be terminated if it fails to promote economic progress.
What does "targeted employment area" (TEA) mean?
A Targeted Employment Area (TEA) is a rural area or one with unemployment 150% above the national average, allowing a reduced EB-5 investment threshold of $800,000.
Comparison of direct EB-5 investment vs. regional center investment: What are the differences?
EB-5 Direct investments require hands-on management and the creation of 10 full-time jobs by the investor, while Regional Center investments are managed by the Center and are more passive.
How to choose a secure EB-5 project?
- Choose professionals who have a deep understanding of the EB-5 program and experience in navigating its complexities.
- Seek independent third-party reviews to verify the information provided by the Regional Center or project developer.
How can investors prove the source of funds for an EB-5 investment?
Proving the source of EB-5 funds involves documenting income, real estate profits, business dividends, asset transfers, loans, and gifts.
What happens if an EB-5 project files for bankruptcy?
If an EB-5 project files for bankruptcy and has created the required jobs, the investor can still secure permanent residency but may lose their investment.
What are the differences between a conditional green card and an unconditional green card?
Holders of a Conditional Green Card have similar rights to Permanent Residents but must convert it to an Unconditional Green Card within two years by proving job creation.
Differences between permanent residence (green card) and citizenship (U.S. passport)?
Green Card holders can live, work, and study in the U.S. indefinitely, but cannot vote or run for office; U.S. citizenship allows unlimited international travel and the ability to sponsor various relatives.
How can green card holders stay outside the USA for more than 6 months without losing their green cards?
Green Card holders may apply for Re-Entry Permits to stay outside the U.S. for over six months without risking their status.
Who can be the principal applicant in an I-526 petition?
Individuals aged 21 or over can be the Principal Applicant on an I-526 petition, with spouses choosing based on who will spend more time in the U.S.
Can my adopted child be included as a dependent child in my I-526 petition?
Adopted children can be included as dependents in an I-526 petition if adoption and custody documents are provided.
After receiving my green card, can I sponsor my parents?
Only U.S. citizens can sponsor their parents for immigration purposes.
How much investment the eb5 visa requires
The EB-5 program has two tiers of investment, depending on the location of the business:
- Standard Investment Amount
Investment Required: $1.05 million.
Where: This applies to investments in areas outside of Targeted Employment Areas (TEAs), which are typically urban or economically developed areas.
- Targeted Employment Area (TEA) Investment Amount
Investment Required: $800,000.
Where: This applies to investments in Targeted Employment Areas (TEAs), which are typically rural areas or areas with high unemployment (at least 150% of the national average unemployment rate).
TEAs are designated by the U.S. government to encourage development in economically distressed or rural regions.
Understanding how much investment is required for an EB-5 visa is crucial for prospective investors looking to achieve permanent residency in the United States. By meeting these financial requirements and ensuring job creation through qualified investments, investors can navigate the path toward securing their future in America while contributing positively to its economy.