Contact Us

How Does the EB-5 Visa Program Work?

The EB-5 visa program is an innovative initiative that was introduced by the United States Congress in 1990. It offers an opportunity for foreign investors to obtain permanent residency in the United States in exchange for making a significant investment in a new or existing American business that creates or preserves at least 10 full-time jobs for U.S. workers. The EB-5 visa program is a win-win for both the foreign investor and the U.S. economy, as it provides much-needed capital to American businesses and creates jobs while giving foreign investors the chance to obtain permanent legal status in the U.S.

Here’s how the EB-5 visa program works:

Step 1: The Foreign Investor Makes an Investment

The EB-5 program requires a minimum investment of $900,000 for investments made in targeted employment areas (TEAs), which are rural areas or areas with high unemployment rates. The minimum investment for non-TEAs is $1.8 million. This investment must be made in a new commercial enterprise, which can be a new business or an existing business that is restructured to create jobs. The investor’s capital must be “at risk,” meaning that there is a chance that the investment could be lost, and the investment must create at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the U.S.

Step 2: The Investor Applies for Conditional Residency

Once the investment is made, the investor can apply for conditional residency by filing Form I-526, which is also known as the Immigrant Petition by Alien Entrepreneur. This form provides evidence that the investment was made in a new commercial enterprise that meets the job creation requirement, and that the investor’s investment was made using lawful funds. This form must be filed with U.S. Citizenship and Immigration Services (USCIS).

Step 3: The Investor Applies for an EB-5 Visa

After the I-526 petition is approved, the investor can apply for an EB-5 visa by filing Form DS-260, which is the Immigrant Visa and Alien Registration Application. This form is filed with the National Visa Center (NVC), which is a part of the U.S. Department of State. The investor will also need to attend an interview at a U.S. embassy or consulate in their home country, where they will provide additional evidence to show that they meet the EB-5 program requirements.

Step 4: The Investor Receives Conditional Residency

If the investor’s EB-5 visa application is approved, they will receive conditional residency in the United States for two years. During this two-year period, the investor must maintain their investment in the new commercial enterprise and create or preserve at least 10 full-time jobs for U.S. workers.

Step 5: The Investor Applies for Permanent Residency

Within 90 days of the two-year conditional residency period ending, the investor must file Form I-829, which is the Petition by Entrepreneur to Remove Conditions on Permanent Resident Status. This form provides evidence that the investor maintained their investment in the new commercial enterprise and created or preserved at least 10 full-time jobs for U.S. workers. If the investor’s I-829 petition is approved, they will receive permanent residency in the United States.

Benefits of the EB-5 Visa Program

The EB-5 visa program offers a range of benefits for foreign investors, American businesses, and the U.S. economy as a whole. For foreign investors, the EB-5 program provides a pathway to permanent residency in the United States, which can lead to citizenship. This can be a valuable opportunity for those who want to live, work, and invest in the U.S.

EB-5 Visa Program Benefits for Investors

  • Apart from the immigration benefits, the EB-5 Visa Program also offers numerous benefits for investors. One significant advantage is that the EB-5 program provides the investor with the freedom to work, live and retire anywhere in the United States.
  • The program also enables investors to bring their spouse and unmarried children under the age of 21 to live with them in the United States. Children can attend top-rated schools and universities, and spouses are eligible for employment opportunities in the US.
  • Another major benefit of the program is that investors are not required to meet any particular language or education requirements, which makes it an excellent opportunity for those who want to invest in the US but do not have any special skills or qualifications.

EB-5 Regional Center Program

One of the essential aspects of the EB-5 Visa Program is the Regional Center program. Established in 1992, the Regional Center program is designed to promote economic growth and job creation in the United States.

The program allows foreign investors to invest in regional centers located in various parts of the US that are approved by the USCIS. These regional centers pool investment funds from multiple investors and use them to fund development projects that create jobs.

The primary advantage of the Regional Center program is that it allows investors to meet the job creation requirements of the EB-5 program more easily. Under the EB-5 program, investors must create at least ten full-time jobs for US workers. This can be challenging for investors who choose to make direct investments in businesses.

However, investments made through Regional Centers enable investors to count indirect job creation towards the ten-job requirement. This means that investors can invest in projects that create jobs for US workers indirectly, such as construction jobs, transportation jobs, or other jobs that support the project. These jobs are referred to as indirect jobs and are crucial to the overall success of the program.

Moreover, Regional Centers can offer investors a higher return on investment than direct investments, as they can spread their funds over multiple projects and reduce the risk associated with investing in a single project.