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What Does EB-5 Mean For You?

Need a U.S. Visa Fast? The EB-5 Visa Process, with expedited I-526 processing can help. This reduces the average processing time from 24 months to an average of 3 months.

 

Whether legally in the United States already, or planning to move here, you can apply to the EB-5 program today. Contact us to learn more.

Frequently Asked Questions

What are the basic requirements of an EB-5 Visa?

The foreign applicant must independently establish a business OR invest into an existing business which was created or restructured after 19 November 1990.

The foreign investor is required to invest USD$1,800,000 into the aforementioned business or USD$900,000 when investing into a USCIS designated regional center).

The investment must create at least ten Full-time jobs for legal U.S. residents or citizens.
For more detailed and comprehensive information on the requirements for an EB-5 Investor Visa and to obtain the official U.S. government information regarding the EB-5 Immigrant Investor Program and the Regional Centers Pilot Program, please visit the US Citizenship & Immigration Services (USCIS) website.

Why choose the EB-5 Investor Program?

The EB-5 Investor Visa program presents outstanding opportunities for many overseas investors to become permanent residents of the United States. Choosing to invest in an EB-5 Visas program allows foreign investors, their spouse and children (under the age of 21) to obtain conditional green cards so that they can attend school, legally work in the United States if they so choose or simply enjoy retirement while living anywhere in the United States. All of this while creating jobs, promoting economic growth and improving productivity within the geographic region.
Some of the benefits of investing into an approved Regional Center in a Targeted Employment Area (also known as a TEA):

  • USD$900,000 Investment
  • No need to buy or manage a business
  • Live and work ANYWHERE in the United States
  • Invest in a stable business environment for the long term. The United States is a country of strong and trusted institutions, where daily business activities are guided and governed by strict laws and regulations
  • The sponsors of our investment opportunities are well-known, reputable and successful community leaders
  • The businesses are in well-established sectors of the US economy with proven financial results
  • Investment provides diversity in current business endeavors
  • Business operations and management of your investments are handled by experienced professionals
  • Your investment will be returned to you if your application is not approved
What is the regional center pilot program?

In 1990, the United States Congress established the fifth employment-based (EB-5) preference category for immigrants seeking to enter the United States by enacting the Immigration and Nationality Act. The law is intended to benefit the U.S. economy by generating new economic activity and increasing employment in targeted areas.
Section 203(b)(5) of the legislation makes foreign nationals eligible for permanent residency by engaging in a commercial enterprise that will benefit the American economy and directly create at least 10 full-time jobs for U.S. citizens, lawful permanent residents, and other immigrants lawfully authorized to be employed in the United States. The minimum qualifying investment amount is $900,000 for commercial enterprises located within a rural area (or a targeted employment area), and is otherwise $1,800,000.

In the simplest terms, this means that as a foreign investor you have the choice to invest either $900,000USD or $1,800,000USD into the development of a business or project here in the United States and that as a result of your investment this business will create at least 10 jobs in the local economy. You will also now become a “limited partner” in this new business and will share in the profits of this company based on an agreed upon percentage of ownership. These investment funds must be invested into the operations of the business and the funds must be “at risk” with no form of guarantee. This is not a passive investment (such as purchasing shares of stock) however you are also not required to have day to day operations of the business either.

Congress allocates 10,000 immigrant visas annually for this employment-based preference, the EB-5 category. At least 3,000 of these visas are set aside each year for those who utilize a designated Regional Center or TEA status.
The EB-5 program does not discriminate against education, experience or does not require a sponsor. There is no requirement to speak English and the EB-5 category also allows the family (including any children under 21 years old) to be part of the process. As an EB-5 Investor you are also free to reside anywhere in the United States that you choose.

What are the EB-5 investments guidelines?

The law requires that the foreign applicant to have invested in or be in the process of investing the necessary capital into an approved EB-5 project.

What amount of capital is needed?

The basic EB-5 Visa investment amount is USD$1,800,000. However the required investment is USD$900,000 for an established business in a Targeted Employment Area (TEA) which is defined as an area with an unemployment rate of 150 or more above the U.S. national average or in a rural area (defined as being within the boundary of a city or town with a population of 20,000 or less).

What types of capital are allowed?

Investment in the EB-5 Visa program can be made in the form of cash, cash equivalents, equipment, inventory or other tangible property

  • Capital does not include loans made by the investor to the venture, however the investor may borrow the investment money if it is secured by assets owned by the investor, provided the investor is personally liable for repayment of the loan
    ▪ The investor may receive a gift of funds, if all applicable taxes required by law have been paid. Source of capital
  • When the investment is made into the respective project the USCIS is notified. The current guidelines indicate a required investment for a TEA at USD$900,000. Prospective investors are eligible to invest the required amount alone, create a qualifying business with other foreign investors and/or with a U.S. citizen or other people not seeking classification as a foreign investor. In these types of cases, all persons seeking classification as a foreign investor must have invested the required amount of USD$900,000, however each investor can use the same employees to reach the required 10 new positions

DISCLAIMER: Content above taken from uscis.gov and D’alessio Law Group