The EB-5 investor visa program allows foreign nationals with sufficient funds to skip traditional immigration routes. The program lets you invest in American businesses, thereby creating jobs for U.S. workers and qualifying you for a green card.
The process may seem simple, but the details are important when you are risking hundreds of thousands of dollars and your family’s immigration future.
The Basics of EB-5 Investment Immigration
Congress developed the EB-5 Immigrant Investor Program in 1990 to bring foreign money into the U.S. economy while creating American jobs.
You must invest in a new commercial enterprise and create or preserve at least 10 full-time positions for qualified U.S. workers. In exchange, you, your spouse, and your unmarried children under 21 can apply for permanent residence.
The Regional Center Program, established in 1992, enables you to pool your investment with other foreign investors for larger development projects and remains available until September 30, 2027.
How Much You Need to Invest
The amount you must invest depends on when you file your petition and where you plan to invest your money. The government has raised these amounts over time to account for inflation, and changes will occur every five years, with the first adjustment taking effect for petitions filed on or after January 1, 2027.
If you filed before March 15, 2022, you were required to have $1 million for standard investments or $500,000 for targeted employment areas. Current requirements for petitions filed on or after March 15, 2022, increased the standard investment to $1.05 million. Targeted employment areas now require $800,000, including infrastructure projects.
Where You Can Invest for Lower Amounts
Targeted employment areas offer reduced investment requirements because the government wants to direct capital to areas that need the most economic development. These areas are grouped into two categories: rural areas and high-unemployment areas.
Rural areas are locations outside metropolitan statistical areas or outside cities and towns with populations exceeding 20,000 people, according to the most recent census. High-unemployment areas must have unemployment rates at least 150% of the national average, calculated using census tract data where your business primarily operates.
You can also invest in infrastructure projects administered by governmental entities. These public works projects contract with regional centers to receive EB-5 funding for maintaining, improving, or constructing infrastructure.
Job Creation Rules You Must Follow
Every EB-5 investment must create or maintain 10 permanent full-time jobs for qualifying employees for at least two continuous years. Full-time refers to a minimum of 35 hours of work every week.
Qualifying employees include U.S. citizens, lawful permanent residents, asylees, refugees, and other immigrants authorized to work in America. You cannot count yourself, your spouse, your children, or any non-immigrant workers, such as H-1B visa holders, toward this requirement.
Direct investments require your new commercial enterprise to employ the qualifying workers directly. Regional center investments can count both direct and indirect jobs created by your investment’s economic impact. Indirect employment may satisfy as much as 90% of the job creation requirement for this type of investment.
For troubled businesses that have existed for at least two years and suffered significant losses, you may rely on job maintenance instead of job creation. You must demonstrate that existing employment levels will be preserved for a minimum of two years after your investment.
Priority Processing Through Visa Set-Asides
The EB-5 Reform and Integrity Act created new visa set-asides to ensure certain investment types receive priority processing. Each fiscal year, 20% of EB-5 investor visas are reserved for investments in rural areas, 10% for high-unemployment areas, and 2% for infrastructure projects.
These set-asides address the problem of visa availability for investors in economically disadvantaged areas. When these reserved visas go unused, they carry over for one additional year before being released to the general EB-5 pool in the third fiscal year.
Your Step-by-Step Application Process
The first step in the EB-5 application process involves filing Form I-526 for standalone investments or Form I-526E for regional center investments. These petitions establish your eligibility as an investor and prove that your investment meets program requirements.
After USCIS approves your I-526 or I-526E petition, you can file your application for an immigrant visa through the State Department if you are outside the U.S. If you are already in America, you will file Form I-485 to adjust your status, and a visa number will be immediately available to you.
Upon approval of your Form I-485 or admission to the United States with an EB-5 immigrant visa, you receive conditional permanent residence for two years. Your spouse and unwed children below the age of 21 also receive conditional status based on your investment.
Removing Conditions to Get Your Permanent Green Card
You must file Form I-829 within the 90-day timeframe right before your second anniversary as a conditional permanent resident. This petition demonstrates that you maintained your qualifying investment and fulfilled the job creation requirements throughout the conditional period.
USCIS reviews evidence showing your investment remained at risk in the commercial enterprise and that the required jobs were created or maintained. Successfully completing this process removes the conditions from your permanent resident status and that of any family members who received conditional status through your EB-5 investment.
Proving Your Investment Capital Is Legal
You must prove that you legally own your investment capital and document its lawful source through extensive financial records. Acceptable forms of capital include cash and all real, personal, or mixed tangible assets that you own and control, priced at fair market value in U.S. dollars.
The program excludes certain types of capital from qualifying investments. You cannot use assets acquired through unlawful means, money borrowed and secured by the investment enterprise, investments offering guaranteed returns, or funds subject to agreements giving you contractual repayment rights.
Your investment must continue to be considered at risk throughout the conditional residence period. The commercial enterprise may have buy-back options, but these must be exercised solely at the enterprise’s discretion rather than providing you with guaranteed returns.
Trust Pride Immigration for Expert EB-5 Investor Visa Guidance
The EB-5 investor visa program requires careful planning and flawless execution for a successful outcome, making experienced legal guidance essential. Pride Immigration provides the knowledge and strategic approach you need to manage the complex EB-5 requirements and maximize your chances of approval. Contact us today at (703) 594-4040 or online and let our team assist you with the EB-5 application process.
Beeraj Patel, Esq.
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