The EB-5 Visa Program offers foreign investors the opportunity to obtain a U.S. Green Card by making a qualified investment in the United States. Designed by USCIS (U.S. Citizenship and Immigration Services), the program aims to promote economic development in areas with high unemployment or rural regions while attracting affluent foreign investors.
Eligibility Criteria
To qualify for an EB-5 Visa, the investor, along with their spouse and unmarried children under 21, must meet the following two main requirements:
- Invest in a Qualified U.S. Business: The investment must meet USCIS standards and be directed to a commercial enterprise in the U.S.
- Create or Preserve at Least 10 Full-Time Jobs: These jobs must be available for U.S. workers, defined as citizens, lawful permanent residents, or authorized immigrants.
Job Creation Requirements
- Minimum 10 Full-Time Positions:
The investment must result in at least 10 full-time jobs for U.S. workers.- Direct Employment: If the business is outside a Regional Center, the investor must create direct jobs within their own enterprise.
- Indirect Employment: Regional Center investments allow jobs to be created indirectly, through economic impact beyond the business itself (e.g., supply chain jobs).
- Qualified Employees:
Positions must be filled by U.S. citizens, lawful permanent residents, or individuals with valid work authorization. Family members of the investor (spouse or children) do not count as employees. - Full-Time Employment Definition:
Positions must require at least 35 hours per week. Temporary, seasonal, or part-time jobs do not qualify unless expected to last at least two years.
Capital Investment Requirements
Investments can include cash, property, or other tangible assets owned by the investor. The total investment must meet the following thresholds:
- $1.05 Million: For investments made outside of targeted areas.
- $800,000: For investments in Targeted Employment Areas (TEAs), which include rural regions or areas with high unemployment rates.
Regional Center Program
The Regional Center Program offers a simplified and more flexible route to meet EB-5 requirements:
- What Are Regional Centers?
These are USCIS-designated organizations that pool EB-5 investments into larger projects, often in designated areas needing economic development.
- Reduced direct involvement in managing the business.
- Indirect job creation (e.g., through economic impact).
- Assistance in meeting legal, financial, and immigration requirements.
- Minimum Investment: $800,000.
- Additional Administrative Fees: Cover legal, economic, and management services provided by the Regional Center.
- Regional Centers handle job creation analysis, project oversight, and fund management.
- Professional teams, including attorneys, economists, and business planners, ensure compliance and manage investments.
Step-by-Step EB-5 Application Through Regional Centers
Step 1: Select a Regional Center
Choose a USCIS-approved Regional Center and a project that aligns with your investment goals.
Step 2: Invest and Pay Fees
Make the $800,000 investment and pay associated administrative fees.
Step 3: Legal Documentation
Work with a licensed immigration attorney to prepare and file Form I-526E, demonstrating the lawful source of funds.
Step 4: Two-Year Conditional Green Card
Once approved, you and your family receive a conditional Green Card.
Step 5: Apply for Permanent Green Card
After two years, demonstrate compliance with job creation and other EB-5 requirements to apply for a permanent Green Card.
Key Considerations
- Due Diligence: Investors should work with licensed attorneys to verify project legitimacy and compliance with EB-5 requirements.
- Administrative Fees: Cover costs related to fund management, job creation analysis, and legal support.
- Program Expiry and Renewals: The Regional Center Program is authorized until September 30, 2027, subject to further extensions.
This structured program ensures economic growth while providing an accessible route to U.S. residency for eligible investors.
