LEARN MORE ABOUT THE EB-5 PROGRAM
AND HOW YOU CAN GAIN U.S. RESIDENCY AND CITIZENSHIP
WHAT IS THE EB-5 PROGRAM
The EB-5 program is an immigration program in the United States that allows foreign investors to obtain a U.S. green card by investing a certain amount of capital in a new commercial enterprise. The U.S. government created the program to stimulate economic growth and create jobs through foreign investment. In exchange for their investment, EB-5 investors and their eligible family members can obtain permanent residency in the United States, allowing them to live, work, and study there. The EB-5 program has specific requirements and regulations that investors must meet to qualify for the program and obtain a green card. This program is administered by the United States Citizenship and Immigration Services (USCIS).
The EB-5 Regional Center Program, which began in the early 1990s, is designed to spur economic growth by giving immigrants a way to obtain permanent U.S. residency through job creation, as outlined in section 203(b) (5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(ban ) (5). The EB-5 program Regional Centers, designated by the U.S. government, direct foreign investment into projects revitalizing local economies and promoting job creation in a defined geographic area. Investors who create at least ten full-time jobs for U.S. workers become eligible for a U.S. green card. Approximately 10,000 green cards are available through the EB-5 program each year.
INITIAL INVESTMENT COST
MIN. INVESTMENT REQUIRED
FOR NON-TEA PROJECTS
$1050000
REDUCED INVESTMENT OPTION
FOR CERTIFIED TEA PROJECTS
$800000
THE EB-5 PROCESS OVERVIEW
- Engage Lawyer and Submit Questionaire
- Sign All Required Documentation
- Submit Investment ($1,050,000/$800,000) + $65,000 Fee
- File I-526 Visa Application
- USCIS Grants Approval of the Investor’s I-526 Visa Application
- Investor Receives a Conditional Green Card
- Investor files the I-829 Application to Remove Conditional Status and Obtain a Permanent Green Card
- Regional Center Proves Required Job Creation on Investor’s Behalf
- Once I-829 is Approved the Conditional Status is Removed and Green Card becomes Permanent
- The investor is Now Eligible to Apply for Citizenship after Five (5) Years.
FREQUENTLY ASKED QUESTIONS
Take a few moments and explore some of the questions other investors had and the answers.
WHAT IS AN EB-5 REGIONAL CENTER?
An EB-5 regional center is an organization, public or private, in the United States that is involved with promoting economic growth. Regional centers are designated by USCIS for participation in the EB-5 Immigrant Investor Program. To view the list of approved regional centers, including The Guardian, visit www.uscis.gov/eb-5centers.
WHAT IS A "TARGETED EMPLOYMENT AREA"?
Targeted Employment Area (TEA) refers to a specific geographic area designated as having high unemployment or a rural area with a population of less than 20,000. TEAs are defined by the U.S. Citizenship and Immigration Services (USCIS) and are eligible for certain benefits within the EB-5 program. Investors who choose to invest in a TEA can qualify for a reduced investment amount, typically lower than the investment required for projects outside a TEA. This designation aims to encourage investment in areas that have the greatest need for economic development and job creation.
WHAT IS THE MINIMUM AMOUNT OF INVESTMENT REQUIRED IN THE EB-5 PROGRAM?
For investments in areas other than “targeted employment areas,” the minimum investment amount is $1,050,000 million. Investments in “targeted employment areas,” which include most regional center projects, can qualify with a minimum of $800,000.
WHO MAY APPLY FOR EB-5?
Any person who can demonstrate the ability to: 1) deploy the required amount into the American economy, 2) document that the capital was legally earned, and 3) satisfy general eligibility requirements (e.g., medical, criminal) is qualified to apply for the EB-5 program. There are no language, business, or education requirements for applicants.
IS AN EB-5 APPLICANT REQUIRED TO HAVE PREVIOUS BUSINESS EXPERIENCE OR A MINIMUM LEVEL OF EDUCATION TO PARTICIPATE IN THE EB-5 PROGRAM?
No. However, an applicant must be an “accredited investor” in order to invest in an EB-5 Regional Center offering due to U.S. federal securities laws.
WHAT DOES IT MEAN TO BE AN “ACCREDITED INVESTOR”?
An “accredited investor”, in the context of a natural person, includes anyone who (a) earned income that exceeded US$200,000 (or US$300,000 together with a spouse) in each of the prior two years, and reasonably expects the same for the current year, OR (b) has a net worth over US$1 million, either alone or together with a spouse (excluding the value of the person’s primary residence).
WHAT IS MEANT BY THE REQUIREMENT THAT THE INVESTOR’S ASSETS BE “LAWFULLY GAINED”?
Under USCIS regulations, the investor must demonstrate that his or her assets were gained in a lawful manner. This requires the investor to prove that his investment funds were obtained through lawful business, salary, investments, property sales, property loan, inheritance, gift, loan, or other lawful means.
DOES AN EB-5 INVESTOR NEED AN IMMIGRATION ATTORNEY TO APPLY FOR AN EB-5 VISA?
Though not required, it is highly recommended that an EB-5 investor engage an immigration attorney with EB-5 experience to assist him/her in the process. It is also recommended that EB-5 investors inform themselves about other aspects relating to the EB-5 program and EB-5 investment (e.g. tax considerations) by consulting additional experts, such as tax and investment advisors.
WHAT ARE THE RISKS INVOLVED WITH THE REGIONAL CENTER INVESTMENT PROJECTS?
All investments are subject to risk and Regional Center projects are not exceptions. Under the law, the Regional Center cannot guarantee profit or the return of an investor’s principal investment. The project has limited operating history and is subject to financing risk. There are no assurances that a member’s petition will be granted or that a member will be able to obtain an immigrant visa or unconditional lawful permanent resident status. Laws, regulations and interpretations of the EB-5 Program are subject to change at any time.
WHAT IS THE DIFFERENCE BETWEEN “CONDITIONAL” AND “PERMANENT” RESIDENCY STATUS?
Conditional permanent residence is valid for a 2-year period and is the type of permanent residency that an EB-5 investor will first receive following an approval of their adjustment of status application or after consular processing. The application to remove conditions on permanent residency, Form I-829, is filed during the 90-day period immediately before the second anniversary of the EB-5 investor’s admission to the United States as a conditional permanent resident. If USCIS approves the I-829 petition, the conditions will be removed from the lawful permanent resident status of the EB-5 investor and any included derivatives, thereby granting them permanent residency status.
IS THE INVESTOR FREE TO TRAVEL AFTER OBTAINING CONDITIONAL RESIDENT STATUS?
The green card holder is free to travel in and out of the United States subject to the rules generally applicable to permanent residents. Specifically, he or she must maintain a residence in the United States and must not be outside the United States for a continuous period of one year or more, unless he or she has obtained a reentry permit.
WITH AN EB-5 INVESTMENT WHO RECEIVES THE PERMANENT RESIDENCY (“GREEN CARD”)?
The investor, spouse and any unmarried children under the age of 21 (including adopted children) are eligible to apply for a green card through the EB-5 Visa Program.
SCHEDULE A FREE CONSULTATION
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