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The EB-5 Immigrant Investor Program offers a pathway to permanent U.S. residency for foreign investors. By investing in a qualifying U.S. business and creating jobs, investors and their families can obtain green cards.
Assess your goals and financial capacity.
Understand program requirements.
Regional Center: Invest in a pre-approved project.
Conduct thorough due diligence.
Evaluate project viability and job creation potential.
Consult with EB-5 attorneys and financial advisors.
Understand all associated risks.
File Form I-526.
Prepare and submit required documents.
Transfer investment funds.
Ensure compliance with job creation requirements.
Once I-526 is approved, apply for EB-5 visa.
Enter the U.S. and receive 2-year conditional green card.
File Form I-829 before conditional residency expires.
Demonstrate that all EB-5 requirements have been met.
The U.S. Congress establishes the EB-5 visa program under the Immigration Act of 1990 to
stimulate the U.S. economy through job creation and capital investment by foreign investors.
Several major overhauls to the EB-5 program were made in the late 1990s. These changes were
prompted by the discovery of lax regulation enforcement and fraud in EB-5 investments.
Congress passed the Basic Pilot Program Extension and Expansion Act of 2003 to help revitalize
the EB-5 program.
During the global financial crisis, the EB-5 program gains popularity due to its ability to
provide much-needed foreign capital for U.S. real estate projects.
The EB-5 Modernization Rule raises the minimum investment from $500,000 to $900,000 for
targeted employment areas (TEAs) and from $1 million to $1.8 million for non-TEAs.
The COVID-19 pandemic slows down the program due to travel restrictions and project
delays.
The EB-5 Regional Center Program expires in June, causing uncertainty until its
reauthorization.
Congress passes the EB-5 Reform and Integrity Act in March, which reauthorizes the
Regional Center Program with new integrity measures, investor protections, and a minimum
investment threshold of $800,000 for TEAs and $1.05 million for non-TEAs.
An EB-5 Regional Center (RC) is an organization designated by the United States Citizenship and Immigration Services (USCIS) that sponsors capital investment projects for investment by EB-5 investors. The major advantage of being a USCIS-designated regional center is the ability to benefit from indirect job creation. Regional centers help EB-5 investors and project developers because they lessen the difficulty of meeting qualifying job creation requirements under the EB-5 program rules.
Regional centers apply for designation by USCIS on Form I-924. The USCIS will designate the RC develop capital investment projects in a specific geographic area and specific industries.
TEAs are designated areas with high unemployment rates, rural areas, or an infrastructure project. Investing in projects located in TEAs allows EB-5 investors to benefit from a reduced minimum investment requirement.
After maintaining the investment and meeting job creation requirements, EB-5 investors can apply to remove the conditions on their residency, obtaining permanent green cards for themselves and their family members.
Yes, EB-5 visa holders can live and work anywhere in the United States, providing a unique opportunity for investment and relocation.
