The EB5 visa is a unique visa program established by the United States in 1990 to provide a pathway for eligible immigrant investors to become lawful permanent residents, known as Green Card holders.
The primary objective of the EB5 program is to stimulate the U.S. economy by encouraging foreign investors to create jobs and make capital investments. An investor who is wondering how to get Green Card through investment, must meet specific requirements. The investor must commit a substantial amount of capital in a new commercial enterprise in the U.S.
Read more to explore what is EB5 visa, eligibility requirements and, how to get Green Card through investment.
The EB-5 visa program offers a multitude of benefits to foreign investors, making it an attractive option for those seeking to immigrate to the United States.
ResidencyPermanent
The EB-5 visa program allows investors to obtain a Green Card for themselves, their spouse, and their unmarried children under 21 years of age.
Freedom to Live Anywhere in the U.S.
Unlike other visa programs, the EB-5 visa does not require the investor to live in the area of investment. This gives the investor the freedom to live, work, and retire anywhere within the U.S.
Access to U.S. Education
EB-5 visa holders and their families have the same access to the U.S. education system as U.S. residents. Moreover, there are some lower tuition fee programs for immigrants at public universities.
No Sponsor Required
Unlike many other immigration visas that demand sponsorship from an individual or entity, the EB-5 doesn't require a letter of support from your employer. You only need to meet the set eligibility criteria.
Return on Investment
Once the investment cycle concludes, typically spanning five to seven years, you have the potential to reap the rewards of your investment. While not guaranteed, numerous EB-5 visa holders have experienced this as a path to success.
Retirement Perks
Upon obtaining U.S. citizenship through your EB-5 visa, you become eligible for Social Security benefits in your retirement years.
Citizenship Eligibility
After holding a Green Card for five years, eligible EB-5 investors may apply for U.S. citizenship.
Am I Eligible?
EB5 Visa Eligibility Criteria
The EB-5 visa program has specific eligibility criteria that must be met by the investor.
Investment in a New Commercial Enterprise
The investor must invest in a new commercial enterprise, which is a commercial enterprise established after November 29, 1990*.
Capital Investment
As of 2023, the investor must commit a minimum investment of $1.8 million. But this amount is reduced to $900,000 if the investment is made in a targeted employment area (TEA).
Job Creation
The investment is required to generate or maintain a minimum of 10 full-time jobs for eligible U.S. workers within two years of the investor's entry into the U.S.
The job creation requirement is a critical component of the EB-5 program, as it ensures that the investment contributes to the U.S. economy.
*If the enterprise was established before 1990, it must either be acquired and restructured, or undergo a reorganization that leads to the creation of a new commercial entity. Alternatively, it can be expanded through the investment, resulting in a minimum 40% increase in net worth or the number of employees.
The EB-5 visa program has stringent eligibility criteria designed to ensure that the investment benefits the U.S. economy by creating jobs and making capital investments.
Before applying for an EB-5 visa, you need to meet some specific obligations and prepare documents that an investor must fulfill and provide to successfully apply for the visa.
Following are the documents and obligations for the EB-5 visa investor:
Personal Identification Documents
Valid passport for the investor and each family member included in the application, birth certificates for all family members, marriage certificate (if applicable), and police clearance certificates from countries where the investor has lived for a significant period.
Evidence of Investment
The evidence of their investment in a U.S. commercial enterprise. This investment must be at risk for the purpose of generating a return, and the funds must be under the control of the regional center.
Source of Funds
The evidence demonstrating that the capital was legally earned or obtained. This could include salary slips, tax returns, sale of property documents, or business profits.
Business Plan
A comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for not fewer than 10 qualifying employees will result.
Proof of Business Location
Submit proof that the business is located in a targeted employment region (TEA).
Evidence of New Business
Present evidence that the investment is made in a new business.
Investment Documents
Furnish copies of the Private Placement Memorandum for Regional Centers, LLC Agreement, Escrow Agreement, and Subscription Agreement.
The EB5 program has specific regulations and conditions that can change over time, so it’s advisable to consult with an immigration attorney or expert for the most up-to-date information and guidance on the EB-5 visa program.
EB5 Visa Processing Time
The processing time for the EB-5 visa can vary significantly depending on several factors, including the complexity of the case, the volume of applications received by USCIS, and the specifics of the investment project.
After choosing the investment project and gathering the documents needed, the first step in the EB-5 application process is the filing of the I-526 Petition.
Once the I-526 petition is approved, the investor can apply for conditional permanent residence or an adjustment of status if they are currently in the U.S.
Therefore, the total time for processing of the EB-5 visa ranges from 1 to 3 years. This timespan starts from the filing of the EB-5 application I-526E form and ends at the approval of Form I-829, permanent Green Card.
For more information about EB5 visa processing, get in contact with us!
Am I Eligible?
The EB-5 visa program allows investments in a variety of investment types. The two primary types of investments that USCIS allows are direct and indirect.
Direct EB-5 Investments
Direct EB-5 investment is any type of investment that is not made through a regional center. Examples of direct investments include starting your own business, purchasing an existing business, or investing in an existing business.
Regional Center Program
The Regional Center Program allows investment funds from multiple EB-5 applicants to be pooled together, making larger projects possible and often reducing foreign investors’ immigration risk. Regional centers are economic units, public or private, in the United States, involved with promoting economic growth.
In the Immigrant Investor Program, USCIS designates regional centers. Investors in this program assume a passive role, and they are not tasked with the day-to-day operations of the business.
Investments can also be differentiated based on whether they are made in a Targeted Employment Area (TEA) or a Non-Targeted Employment Area (Non-TEA).
Targeted Employment Area (TEA)
A TEA is an area that Congress has determined to be particularly in need of economic stimulation and job creation. TEAs come in two flavors: high-unemployment TEAs and rural TEAs.
Non-Targeted Employment Area (Non-TEA)
Non-TEA investments refer to those made in areas that do not qualify as TEAs. These areas do not have high unemployment rates or are not classified as rural. The minimum investment required for Non-TEA projects is higher than that for TEA project.
Thus, the type of EB-5 investment chosen by an investor can significantly impact the investment amount, the level of involvement in the business, and the potential for job creation and economic growth.
How to Apply for an EB5 Visa?
Applying for an EB-5 visa involves a series of steps. You would want to follow this step-by-step guide on how to apply for an EB-5 visa:
EB5 Global Bridge is a reliable and comprehensive foreign investment consultancy service that can guide you through the EB-5 visa process. With a team of experienced professionals, we will provide support and guidance every step of the way.
If you’re a first-time investor or even an experienced entrepreneur, consider taking help from EB5 Global Bridge to achieve your immigration goals through the EB-5 visa program.
FAQs
What is the minimum investment required for an EB-5 visa?
The minimum investment required for an EB-5 visa is $900,000 for projects in a Targeted Employment Area (TEA) or $1.8 million for projects outside a TEA.
Can family members be included in the EB-5 visa application?
Family members, such as a spouse and unmarried children under 21, can be included in the EB-5 visa application as derivatives of the main investor.
How long does it take to get a Green Card after getting an EB5 Visa?
Once your EB5 visa is approved, you are ready to start or keep living in the U.S. with your conditional Green Card. Therefore, getting a Green Card after an EB5 application takes 1 - 3 years.
What happens if the investment fails to create the required number of jobs?
If the investment fails to create the required number of jobs, the investor and the derivatives may lose their conditional permanent resident status and face removal proceedings.
What types of investments qualify for the EB-5 Program?
The types of investments that qualify for the EB-5 Program are equity investments in new commercial enterprises that create at least 10 full-time jobs per investor, either directly or indirectly.
What is the difference between investing in a Regional Center and Direct Investment?
The difference between investing in a Regional Center and Direct Investment is that a Regional Center is a third-party entity that pools and manages EB-5 investments in a designated geographic area, while Direct Investment is when the investor invests in and operates his or her own business.
How long does the EB-5 Visa application process take?
The EB-5 Visa application process typically takes between 18 and 24 months, depending on the complexity of the case and the processing times of the USCIS and the NVC.
What can I do if my EB-5 visa application is rejected?
If your EB-5 visa application is rejected, you may have several options to appeal the decision, such as filing a motion to reopen or reconsider, requesting an administrative review, or pursuing a lawsuit in federal court.