EB-5 | The Immigrant Investor Program

The EB-5 Immigrant Investor Program is the way to obtain a green card and permanent residence through a financial investment made in the United States. It is a way for foreign investors (and their spouses and unmarried children under 21) to become lawful permanent residents and potentially citizens of the United States.

The EB-5 visa program has certain requirements that separate it from others making it a visa program that relies primarily on the financial aspect of the visa petition rather than employment or time. There are two methods through the EB-5 Immigrant Investor Program: (1) The Direct Capital Investment Approach and (2) The EB-5 Regional Center Investment Approach. Investors are eligible to apply for a Green Card (permanent residence) if they:

Make the necessary investment in a commercial enterprise in the United States
Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers

Qualifications

A capital investment in a USCIS-designated EB-5 Regional Center ($900,000 in a targeted employment area, or $1,800,000 if investing somewhere else). The commercial enterprise must be a new one that was established after November 29, 1990 or was purchased on or before November 29, 1990 and the existing business is restructured or reorganized in a way that a new commercial enterprise results or was expanded through the investment, resulting in at least a 40% increase in net worth or number of employees
Intend to create, or maintain, at least 10 full-time jobs which can be filled by U.S. workers, under the following guidelines:
For a new commercial enterprise not located within a regional center, the new commercial enterprise must directly create the full-time positions to be counted. This means that the new commercial enterprise (or its wholly owned subsidiaries) must itself be the employer of the qualifying employees
In the case of a troubled business (existed for at least two years and has incurred a net loss—at least 20% of its net worth before the loss—during the 12- or 24-month period before the priority date on the immigrant investor's Form I-526), the EB-5 investor may rely on job maintenance. The investor must show that the number of existing employees is, or will be, no less than the pre-investment level for a period of at least two years
A job-sharing arrangement where two or more qualifying employees share a full-time position will count as full-time employment provided the hourly requirement per week is met. This definition does not include combinations of part-time positions even if, when combined, the positions meet the hourly requirement per week
Jobs that are intermittent, temporary, seasonal, or transient do not qualify as permanent full-time jobs. However, jobs that are expected to last at least two years are generally not considered intermittent, temporary, seasonal, or transient
The jobs must be maintained for at least a two-year period during the applicant’s conditional residency period

What You'll Need

Form I-526, Immigrant Petition by Alien Investor
File DS-260, Application for Immigrant Visa and Alien Registration, with the U.S. Department of State to obtain an EB-5 visa abroad to seek admission to the United States (if applicable)
File Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to a conditional permanent resident within the United States. Once approved, or upon admission into the United States with an EB-5 immigrant visa, conditional permanent residence to the EB-5 investor and derivative family members for a two-year period is granted (if applicable)
File Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, within the 90-day period immediately before the second anniversary of your admission to the United States as a conditional permanent resident (if applicable)

Questions? Contact us.

Whatever your immigration issue may be, we are here to help. Our team of attorneys and staff work hard to help you reach your goals.

FAQs

What is the processing time for the EB-5?

The processing time is 45 to 74.5 months for I-526 as of August 2020.

Is there a fee to file?

Yes, if your card was issued but never received or there was a DHS error, you will not have to pay a fee. In all other cases, there is a $455 form fee, plus a $85 biometric services fee. If you apply online, you can also pay online. If you pay by mail, then you can pay via money order, personal check, cashier’s check, or by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

How can I file my form?

You can file your form online or by mail. Filing online allows you to:

Pay your filing fee online
Check the status of your case
Receive notifications and case updates
View personalized case completion date estimates
Respond to requests for evidence
Manage your contact information, including updating your address

You can create an account to file online. You can also mail your form to your region’s designated USCIS office.

Of course, you can choose to manage your case independently. However, working with immigration experts can help you navigate the process and provide guidance throughout.

Do I need legal representation to file?

You may be represented, at no expense to the U.S. government, by an attorney or other duly authorized representative. Your representative must submit Form G-28, Notice of Entry or Appearance as Attorney or Representative. Your representative may also submit Form G-28 at the time of your interview.

Why should I work with ImmigrationUSA?

Immigration issues can be quite complicated. Combine that with the current rate of change in U.S. policies, it can be hard to keep up. Our team puts their experience to work for you and your particular situation. We work hard to stay on top of policy changes and are prepared for changes down the line. We offer patented online software, MyEsq, that streamlines the filing process and makes our knowledgeable team of lawyers just a click away.

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