The EB-5 Immigrant Investor Program is a federally authorized visa category created by Congress in 1990. The primary concept is to encourage foreign investment in job-creating economic development projects or companies in return for procuring permanent resident status (a green card).

The EB-5 Immigrant Investor Program allocates visas for investor participants who choose to invest in commercial enterprises coupled with government approved Regional Centres corresponding with proposals for the promotion of economic growth.

The EB-5 Immigrant Investor Program provides several benefits to foreign investors seeking to obtain permanent resident status in the United States. Some of the main benefits include:

Path to Citizenship

After maintaining their permanent residency status for Five (5) years, EB-5 investors can apply for US citizenship. It must be demonstrated that the investor has been physically present in the U.S. for at least 30 months out of Five (5) years immediately before filing for naturalization. In addition, the investor will need to be able to read, write, and speak basic English, with ‘American characteristics’.

Permanent Residency

Successful applicants and their immediate family members (spouse and unmarried children under 21) can obtain permanent residency in the United States.

Education

The United States is home to many top-ranked universities and educational institutions, which can provide excellent educational opportunities for children of EB-5 investors.

No Restrictions

No age restrictions, language, education or business experience requirements

Flexibility

Live and work anywhere in the US

To participate in the US EB-5 Immigrant Investor Program, foreign individuals must invest in a new commercial enterprise associated with government-approved Regional Centres, based on proposals for providing economic growth. The program has the following requirements:

Investment

Option 1:

Invest $1,050,000 in a non-targeted employment area project. OR

Option 2:

Invest $800,000 in a targeted employment area project located in a rural area or an area with high unemployment.

Job creation

Create at least 10 full-time jobs for US workers within Two (2) years of receiving conditional residence.

Removal of conditions

After Two (2) years, the investor is then eligible to apply for the removal of the conditions on their residence by demonstrating that the investment has been sustained and the job creation requirements have been met.

Source of funds

Demonstrate that the investment funds were obtained legally, through means such as inheritance, gift, sale of property, business earnings, or other lawful sources.

Conditional residence

Upon approval of the EB-5 petition, the investor and their family members can obtain conditional residence in the United States for a period of Two (2) years. During this time, the investor must maintain their investment and meet the job creation requirements.

A simplified EB-5 Immigrant Investor Program process pathway follows, namely:

1. Initial Consultation

The investor consults with an immigration attorney or investment advisor to determine if the EB-5 program is the right fit for their investment goals and immigration needs.

1. Initial Consultation

The investor consults with an immigration attorney or investment advisor to determine if the EB-5 program is the right fit for their investment goals and immigration needs.

2.Investment Selection

The investor selects an EB-5 project to invest in, either directly or through a Regional Centre.

3.I-526 Petition

The investor files an I-526 petition with US Citizenship and Immigration Services (USCIS) to demonstrate that they have met the program requirements, including the investment amount and job creation.

3.I-526 Petition

The investor files an I-526 petition with US Citizenship and Immigration Services (USCIS) to demonstrate that they have met the program requirements, including the investment amount and job creation.

4. Conditional Green Card

If the petition is approved, the investor and their immediate family members can obtain a conditional green card, valid for Two (2) years.

5. Investment and Job Creation

The investor must maintain their investment and work to create the required jobs within the Two-year conditional green card period.

6. I-829 Petition

Within 90 days of the Two-year conditional green card expiration, the investor files an I-829 petition to remove the conditions on their green card.

7. Permanent Green Card

If the petition is approved, the investor and their family members receive a permanent green card, valid for 10 years.

8. Citizenship

After Five (5) years of maintaining permanent residency, the investor and their family members may be eligible to apply for US citizenship.

It is important to note that the actual process can be more complex and may involve additional steps such as due diligence on the investment project, obtaining documentation for the source of funds, and preparing various forms and supporting documents for the petitions.

Additionally, the processing times for each step can vary based on USCIS workload and the complexity of the case. It’s recommended to work with an experienced immigration attorney or investment advisor to navigate the process.

Note:

The new EB-5 bill allowing for concurrent filing is a significant benefit for applicants. During the dual filing process, the I-485 petition can be filed at the same time as the EAD application and the return permit.

However, as there are differences in individual cases, the entire process of EB-5 immigrant investor application requires the professional advice and judgment of experienced lawyers, therefore it is recommended that you communicate with your immigration lawyer in a timely manner regarding the analysis and strategy of specific cases.

If you have any inquiries or would like a comprehensive breakdown of the expenses for your family,

please do not hesitate to contact us. We would be pleased to assist you.

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