GUIDE

The EB-5 Immigrant Investor Program

The American Dream draws over 50 million international visitors to the United States every year, with many aspiring to make the U.S. their permanent home. The EB-5 Immigrant Investor Program offers one of the most efficient ways for individuals and their families to achieve permanent resident status in the United States.

What is the EB-5 Visa?

The EB-5 visa is granted to accredited investors willing to make a one-time $800,000 USD investment in a commercial enterprise within the U.S. This investment provides a pathway to permanent residency (a green card) for you, your spouse, and all unmarried children under 21. EB-5 visa holders can also apply for U.S. citizenship after five years of legal residency.

Is the EB-5 Investment Visa Right for You?

We provide comprehensive information about the EB-5 visa, including its benefits, application process, and how to streamline your path to American citizenship.

EB-5 Immigrant Investor Program Overview

Established in 1990, the EB-5 visa program aims to stimulate the U.S. economy through job creation and capital investment from foreign investors. The program was enhanced in 1992 with the launch of the Regional Center Program, which allocates EB-5 visas to immigrants who invest in enterprises associated with USCIS-approved regional centers to promote economic growth.

To qualify, immigrants must:

• Invest at least $800,000 in a commercial enterprise.
• Create or preserve 10 full-time permanent jobs for qualified workers.

Investors must work with a certified Regional Center, of which there are over 600 across the U.S. These centers help guide investors through the process and ensure eligibility for permanent residency.

Benefits of the EB-5 Visa

The EB-5 investor visa program offers numerous benefits:

• Permanent Residency: Obtain U.S. green cards for yourself, your spouse, and all unmarried children under 21 with a single investment.
• Path to Citizenship: After five years of residency, you can apply for U.S. citizenship.
• Travel Flexibility: Visa holders can travel visa-free to 189 countries.
• Healthcare and Education: Access U.S. healthcare and education systems. Green card holders can attend U.S. schools and universities, including top-tier institutions.
• Work and Business: Work or start a business anywhere in the U.S., including its territories.

Requirements for an EB-5 Visa

To qualify for an EB-5 visa, your investment must meet the following criteria:

• New Commercial Enterprise: Invest in a for-profit business established after November 29, 1990, or substantially reorganize/restructure an existing business.
• Investment Amount: $1,050,000, or $800,000 if investing in a Targeted Employment Area (TEA).
• Job Creation: Your investment must create at least 10 full-time jobs for U.S. workers.
• At-Risk Funds: Your investment funds must be at risk and lawfully obtained.
• Management: Engage in the management of the new commercial enterprise.

Targeted Employment Area (TEA) Definition:

• High Unemployment Area: An area with an unemployment rate at least 150% of the national average.
• Rural Area: An area not within a metropolitan statistical area (MSA) or a city with a population of 20,000 or more.

EB-5 Visa Costs & Fees

While the minimum investment is $800,000 for TEA projects or $1,050,000 for others, additional costs include:

• Form I-526 Fee: $11,160
• Consular Processing Fee: $345
• Medical Exam: Varies by country
• Administrative Fees: $60,000 to $100,000
• Attorney Fees: Varies

Most investors opt for TEA projects to take advantage of the lower investment threshold, though non-TEA projects cater to investors with different goals and risk tolerances.

Investment Amount:	$800,000
Regional Center Fees:	$80,000
EB-5 Lawyer Fees:	$25,000-35,000
Filing Fees (I-526E)I-829	$11,160$9,525
Total	$900,000-$960,000

The EB-5 Immigrant Investor Program offers a pathway to U.S. permanent residency through investment. Here’s a detailed overview to help you understand the process and make informed decisions.

Fees and Costs

While the minimum investment is $800,000 for projects in Targeted Employment Areas (TEA) or $1,050,000 for others, additional fees often arise. It’s crucial to budget an extra $100,000–$160,000 for associated costs such as administrative fees, attorney fees, and other expenses related to dependents and concurrent filings.

Source of Funds for EB-5 Investments

The funds used for your EB-5 investment must be lawfully obtained. Common sources include:

• Income from Employment
• Sale of Property
• Loan Against Real Estate Equity
• Sale of Business
• Inheritance
• Gifts

You’ll need to provide documentation proving the lawful origin of these funds, such as bank statements and tax returns.

Making Your EB-5 Investment

Your investment can be in the form of cash, equipment, inventory, property, or secured debt. You can choose between:

• Direct Investments: Starting, purchasing, or investing in a business where you have significant control and are actively involved in daily operations.
• Regional Center Investments: Investing through a USCIS-certified center, which pools funds from multiple investors for large-scale projects. Regional centers handle most of the compliance and job creation aspects, making them a popular choice.

Direct Investments vs. Regional Center Investments:

• Control: Direct investments usually involve more control over the business, while regional centers manage the investment.
• Job Creation: Direct investments count only direct jobs created by the enterprise, whereas regional centers can count both direct and indirect jobs.

Timeline for EB-5 Investment Visas

The application timeline varies but generally starts with completing Form I-526E, which can take 2 to 8 months. Timelines depend on factors like investment selection, due diligence, and documentation of the funding source.

Application Process

1. Hire an Attorney:
   • Experience: Look for attorneys with extensive EB-5 experience and a strong track record.
   • Credentials: Ensure they are licensed and affiliated with relevant organizations like AILA or IIUSA.
   • Reputation and Communication: Check reviews, seek consultations, and ensure they communicate effectively.
2. Select an Investment:
   • Perform thorough research to choose an investment that aligns with your goals. Consult with advisors, but your attorney should not provide investment advice.
3. Invest Your Funds:
   • Complete your investment in the chosen enterprise and provide proof of investment when submitting your application.
4. Submit Form I-526E:
   • This form demonstrates your investment meets EB-5 requirements. Provide evidence of investment, business details, and job creation plans.
5. Submit a Green Card Application/DS-260:
   • If living abroad, apply for a green card with Form DS-260, which involves consulate processing and a medical exam. Successful applications result in a conditional green card valid for two years.
6. Remove Conditions/Form I-829:
   • File Form I-829 within 90 days of your green card’s expiration to remove conditions and secure a 10-year permanent residency.

Simplify Your Path with EB-5 Insider

At EB-5 Insider, we strive to simplify the path to U.S. residency through the EB-5 program. We provide detailed information and support to help you navigate the complexities of the investment process.

If you have any specific questions about how to meet these requirements, feel free to contact us.