US EB5 Investment Program
Overview
EB-5 is a United States immigration program that offers a pathway to permanent residency for foreign investors who meet certain criteria. The program was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment.
Under the program, foreign investors must invest at least $1.05 million in a new commercial enterprise, or $800,000 if the investment is in a targeted employment area (TEA), which is an area with high unemployment or a rural area. The investment must create at least 10 full-time jobs for U.S. workers within two years.
If the investor meets these requirements, they and their immediate family members can obtain conditional permanent residency in the United States for two years. After that time, the investor can apply to have the conditions removed and become a permanent resident, which can lead to eventual citizenship.
The EB-5 process involves several steps, including:
Finding a qualifying investment: The first step for an EB-5 investor is to find a qualifying investment opportunity. This can be a new commercial enterprise that the investor establishes, or an investment in a regional center that has been approved by the U.S. Citizenship and Immigration Services (USCIS).
Filing an I-526 petition: Once the investment is made, the investor must file an I-526 petition with the USCIS. This petition demonstrates that the investment meets the program requirements, including the creation of at least 10 full-time jobs for U.S. workers.
Conditional permanent residency: If the USCIS approves the I-526 petition, the investor and their immediate family members can apply for conditional permanent residency in the United States. This allows them to live and work in the country for two years.
Removing conditions: Near the end of the two-year conditional residency period, the investor must file an I-829 petition to remove the conditions and become a permanent resident. This petition must show that the investment has created the required jobs and that the investor has met other program requirements.
Citizenship: After obtaining permanent residency, the investor can eventually become eligible to apply for U.S. citizenship.
What are the required documents to file an EB-5 petition?
To start filing an EB-5 petition, the following documents and information will be required:
Proof of Investment Funds: The investor must provide evidence that they have the required investment funds for the chosen EB-5 project. This may include bank statements, tax returns, and other financial documents.
Source of Funds: The investor must provide documentation to demonstrate the lawful source of the investment funds, such as business records, property sales records, or inheritance documents.
Business Plan: The investor must provide a comprehensive business plan that outlines the investment structure, the business model, and the job creation strategy.
Project Documentation: The investor must provide documentation related to the EB-5 project, such as the project's organizational documents, financial statements, and construction plans.
Personal Documentation: The investor must provide personal documentation, including their passport, birth certificate, and other identification documents. They must also provide evidence of their business experience and education, if applicable.
Regional Center Documentation: If the investment is made through a designated regional center, the investor must provide documentation related to the regional center, including its organizational documents, investment offerings, and track record.
Note:It's important to note that the required documentation may vary depending on the specific circumstances of the investor and the EB-5 project. Our experienced EB-5 attorney and investment professional partners can help you to ensure that all necessary documents are gathered and prepared correctly for submission with the EB-5 petition.
When can I file an I-526 petition?
An investor can file an I-526 petition once they have identified a qualifying investment opportunity and have prepared the necessary documentation to demonstrate that they meet the requirements of the EB-5 program.
To file an I-526 petition, the investor must provide evidence that they have made a qualifying investment in a new commercial enterprise or designated regional center, and that the investment will create or preserve at least 10 full-time jobs for US workers. The investor must also provide evidence that the investment funds were obtained through lawful means, and that they have the necessary business experience to manage the new commercial enterprise.
The I-526 petition must be filed with the USCIS and must include supporting documentation, such as bank statements, tax returns, and business plans, to demonstrate that the investor meets all of the requirements of the program. Once the USCIS receives the I-526 petition, they will review the documentation and make a determination on the investor's eligibility for the EB-5 program.
It's important to note that the processing time for I-526 petitions can vary depending on a variety of factors, including the complexity of the case and the volume of petitions received by the USCIS. As of September 2021, the USCIS processing time for I-526 petitions was approximately 20-28 months, but this can change over time. It's important for investors to work with experienced immigration attorneys and investment professionals to ensure that their I-526 petition is prepared correctly and efficiently
Who is eligible to receive a green card upon USCIS approval of an applicant's application?
Individuals who have been approved by the USCIS for lawful permanent resident status, commonly referred to as a green card, are eligible to receive a green card. This includes individuals who have applied for permanent residency through a variety of channels, including family sponsorship, employment-based sponsorship, refugee or asylum status, and other categories.
To be eligible for a green card, the individual must meet the specific requirements of the immigration category through which they are applying. For example, an individual applying for permanent residency through employment-based sponsorship, such as the EB-5 Immigrant Investor Program, must meet the requirements of that program, including making a qualifying investment and creating or preserving at least 10 full-time jobs for U.S. workers.
Once the USCIS approves an individual's application for permanent residency, they will receive a green card, which is proof of their status as a lawful permanent resident of the United States. The green card grants the individual the right to live and work in the United States permanently, and it also provides a path to citizenship for those who meet the eligibility requirements.
When may investors apply for a permanent green card?
Investors who have been approved for an EB-5 visa may apply for a permanent green card once they have met the requirements of the program and have been granted conditional permanent residency. The conditional permanent residency is granted for a period of two years.
To apply for a permanent green card, an investor must file an I-829 Petition with the USCIS within 90 days prior to the expiration of their conditional permanent residency. The I-829 Petition must demonstrate that the investor has met all of the requirements of the EB-5 program, including:
Making a qualifying investment in a new commercial enterprise or designated regional center.
Creating or preserving at least 10 full-time jobs for U.S. workers within two years of the investor's admission to the United States as a conditional permanent resident.
Maintaining the investment in the new commercial enterprise or designated regional center for the entire two-year conditional period.
If the USCIS approves the I-829 Petition, the conditions on the investor's permanent residency status will be removed, and they will be granted a permanent green card. The permanent green card is valid for 10 years and can be renewed indefinitely as long as the investor continues to meet the requirements of the EB-5 program.
Do you need more information?
Contact us today! We provide all the essential details you need and guide you through every step of starting your EB-5 Program. Join with our trusted affiliates partners, a certified Regional Center in the United States, to turn your investment goals into reality.
