America's EB-5 Immigrant Investment Visa Program

(Source: US Citizenship & Immigrant Services)

ABOUT THE UNITED STATES OF AMERICA

U.S.A., known for short as America, is a country in North America, consisting of a federal republic of 50 states. In addition to the 48 contiguous states that occupy the middle latitudes of the continent, the federal republic includes the state of Alaska, at the northwestern extreme of North America, and the island state of Hawaii, in the mid-Pacific Ocean. The contiguous states are bounded on the north by Canada, on the east by the Atlantic Ocean, on the south by the Gulf of Mexico and Mexico, and on the west by the Pacific Ocean.

The United States is the fourth largest country in the world in area (after Russia, Canada, and China). The national capital is Washington, which is coextensive with the District of Columbia, the federal capital region that was created in 1790. The United States is the world’s greatest economic power, measured in terms of gross domestic product (GDP). Population; 328.2 million (2019)

OVERVIEW OF THE EB-5 IMMIGRANT INVESTMENT VISA PROGRAM

In 1990, Congress created the fifth employment-based preference (EB-5) immigrant visa category. This visa category is targeted at qualified foreign nationals seeking to obtain lawful permanent residency in the U.S. by investing in a new commercial enterprise that will benefit the U.S. economy and create at least 10 full-time U.S. jobs per investor. Currently the program is administered by U.S. Citizenship & Immigration Services (USCIS).

As of November 21, 2019, the EB-5 Program went through its first major change since the inception of the program in 1990. In July of 2019, the Department of Homeland Security published these changes to the Federal Register, which are called the EB-5 Immigrant Investor Program Modernization Regulations (regulations). The new regulations increased the minimum investment amount and now gives the USCIS the authority to determine TEA designations instead of the individual states.

In March, 2022, Congress passed a bill that ammended the required investment per EB-5 investor to US$1.05 million, although that threshold is reduced to US$800,000 if the investment occurs in a rural or high unemployment area, known as Targeted Employment Area (TEA).

REQUIREMENTS/ELIGIBILITY

The following are 5 main criteria to get an EB-5 Visa:

1. You must invest US$800,000 in rural in a rural or high unemployment area, known as Targeted Employment Area (TEA).
2. You as an investor are an Accredited Investor, i.e. you have a Net Worth of US$1.0 million without principal residence; OR you earned US$200,000 a year for the past three years; OR you and your wife earned US$300,000 per year for the last three years.
3. You must show that the funds come from a legitimate source.
4. The entire amount of the investment must be at risk.
5. You must demonstrate that the investment directly or indirectly results in the creation or preservation of ten full time jobs
   

If you can meet the above criteria, you are well on your way to getting an EB-5 Visa.

 

AMERICA'S EB-5 IMMIGRANT INVESTOR PROGRAM BENEFITS

Known the world over as the land of opportunity, the United States of America boasts a rich and diverse culture, one of the strongest currencies in the world, and one of the most sought-after passports on the planet. Through the USA EB-5 Immigrant Investor Program, investors can enjoy a host of exclusive benefits:

• No language skills required.
• No minimum education required.
• No business or managerial experience required.
• Investment capital can come from a gift, inheritance, business ownership or any other lawful activity.
• No obligation to live in the area of investment.
• The opportunity to live, work and study anywhere in the U.S. and benefit from lower tuition fees.
• Inclusion of dependent children under the age of 21.
  

 

INVESTMENT OPTIONS

There are a number of steps that investors must complete to get a green card through the EB-5 visa program. The process is a complicated one but if you have the funds, this is an excellent way for someone and their family to get a green card and ultimately become a U.S. citizen.

Generally speaking the EB-5 Immigrant Investor Visa (“EB-5 Visa”) requires that you invest US$800,000 in rural settings, and in return, the U.S. Government will give you a Green Card. In order to qualify, you must also create 10 full-time jobs for U.S. workers and meet some other requirements. Here are these key steps to get an EB-5 Visa:

1. Find the Appropriate Investment “Project” - Regional Center projects.
2. You Make a Capital Investment and Your Attorney Files I-526 Petition.
3. You will receive landing visa.
4. Apply for Conditional Green Card.
5. Apply for Removal of Conditions (I-829) Petition.
6. The last step in the EB-5 visa process is for applicants to become unconditional permanent residents by removing their two-year conditional status. To do this, your immigration attorney would file an I-829 petition.

APPLICATION PROCESS

There are four general steps that investors must complete to become U.S. permanent residents through the EB-5 visa program. Once these steps have been completed, EB-5 investors, their spouse, and their unmarried children under the age of 21 become U.S. permanent residents. They will also have the option to apply to become U.S. citizens five years after obtaining their permanent residency.

Step 1: Locating an EB-5 Project

The EB-5 applicant must first find a suitable business project to invest in. EB-5 business projects generally take the form of either new commercial enterprises or regional center projects.

Step 2: Capital Investment and I-526 Petition

After choosing a project to invest in, the applicants must make the required capital investment amount in the project that they have chosen. The investment must be US$1.05 million, or US$800,000 if the project is situated in a Targeted Employment Area (TEA). These investments are often made into an escrow account. Then, an immigration attorney provides proof of this investment by filing an I-526 petition with USCIS. USCIS typically informs applicants whether or not their I-526 petition has been accepted after 31 to 52 months. Most regional centers will refund your investment if your I-526 is denied.

Step 3: Two Year Conditional Permanent Residency

The third step of the EB-5 application process is for the applicant to become a two year conditional resident of the United States so they can implement the project funded by their EB-5 investment. EB-5 investors are eligible to become U.S. residents once their I-526 petition has been approved by USCIS. Residency can be attained in one of two ways:

1. If the EB-5 investor already has lawful status in the United States, then they must file form I-485 to adjust their status to conditional permanent resident.
2. If the investor does not already have lawful status in the United States, then they must file for an immigrant visa by submitting form DS-260 to the National Visa Center and they must process through the U.S. consulate or embassy in their home country.

Both of the steps above typically require the help of an immigration attorney and the immigrant visa is issued in about six to twelve months. During the two year conditional residency period, the investor is required to fulfill physical presence requirements, and cannot remain outside of the United States for more than one year without obtaining a re-entry permit.

Step 4: Unconditional Permanent Residency and the I-829 Petition

The final step in the EB-5 visa process is for applicants to become unconditional permanent residents by removing their two year conditional status. The I-829 petition is submitted to USCIS 90 days prior to the second anniversary of the date that the applicant first received their conditional residency. This application proves that the investor has met all requirements of the EB-5 visa program. USCIS most often issues a permanent green card 22 to 45 months after the I-829 has been submitted.

The investor, their spouse, and their unmarried children under the age of 21 can then permanently live and work in the United States and have the option to apply to become U.S. citizens after a five-year period from the date they received their initial conditional residency.
This residency by investment program leads to an OPTION FOR US CITIZENSHIP WHEN ELIGIBLE.

 

CITIZENSHIP REQUIREMENTS

Individuals who are nonconditional Green Card holders for at least five years can apply for naturalization upon meeting the following requirements:

• Be 18 years or older.
• Have lived in a state or USCIS district with jurisdiction over the place of residence, for at least three months prior to the application.
• Have continuous residence in the U.S. as a Green Card holder for at least five years immediately preceding the application.
• Be physically present in the U.S. for at least 30 months out of the five years (60 months) immediately preceding the application.
• Reside continuously within the U.S. from the date of application for naturalization up to the time of naturalization.
• Be able to read, write and speak English, and have knowledge and an understanding of U.S. history and government (civics).
• Be of good moral character in keeping with the principles of the Constitution of the United States, and well-disposed to the good order and happiness of the United States during all relevant periods under the law.
  

 

COSTS AND FEES

The following is a list of fees that will be incurred when obtaining citizenship by investment in the USA. Contact GLI for the current cost for each item below:

• Advisory & Legal fees
• Regional Center fees
• US, I-526 Fees
• US, DS -230 Fees
• US, I-829 Fees
• US, I-829 Submission Fees
• US, Biometric Fees