The EB5 program, which gets its name from the employment-based fifth priority visa, provides foreign investors with a way to request US permanent residency.

The investor’s spouse, unmarried children under the age of 21, and those in his or her immediate family are also eligible to apply for immigration into the US.

What Conditions Must Be Met to Obtain An EB-5 Visa?

For those seeking an EB-5 visa:

  • Investing in a “new commercial enterprise” is required.
  • You must contribute at least $1,800,000 to the brand-new business. If the investment is situated in a “targeted employment area,” you could be eligible for a reduced investment of $900,000.
  • The business investment must create a minimum of ten new full-time jobs for US citizens.
  • The money you invest must be “at risk”
  • You must make your investment with legally acquired monies.
  • You must become involved in the new business management.

How Much Money Must Be Invested For EB-5?

As stated above, the minimum investment is 1,800,000 USD. A targeted employment area (TEA) will require an investment of 900,000 USD. TEA is a location that is either rural or has a high unemployment rate.

If you’re looking to invest in a targeted employment area, check out the EB5 Affiliate Network to learn how you can take advantage of rural investment projects.

Do You Have to Invest Money, Or Is There Anything Else You Could Invest That Would Be Valuable?

No, a person doesn’t need to make a monetary commitment to qualify for an EB-5 visa. According to the EB-5 requirements, investors must inject business “capital.” The capital could be in the form of:

  • Cash
  • Items that are equivalent to cash
  • Business Equipment
  • Inventory
  • Additional physical assets
  • Earning from a loan: You should be personally and principally liable for the loan, which your assets should secure.

Which Business Models Are Eligible for an EB-5 Investment?

Most business entity types are eligible for the EB-5 visa, such as:

  • Limited Liability Companies
  • Sole proprietorships
  • General and limited partnerships, etc.

You can become eligible for an EB-5 visa by:

  • Launching a new company
  • Investing in or purchasing an established company
  • Putting money into a regional center: A regional center is a company that runs a business that creates jobs

What Steps Are Involved in Obtaining an EB-5 Visa?

Here is a brief explanation of the EB-5 procedure:

Step 1: Engage An Immigration Lawyer

Hiring an immigration lawyer with experience handling EB-5 cases is the first stage in the EB-5 procedure.

Based on your immigration objectives and situation, your lawyer can assist you in deciding if the EB-5 visa is the best choice for you.

Your attorney will examine the investment for conformity with immigration laws and ensure you have all the required paperwork to obtain an EB-5 visa.

Step 2: Choose An Investment

After conducting a lot of research, choose an EB-5 investment that suits you.

If you want advice on investing, consider working with a Registered Investment Advisor proficient with the EB-5 program.

Your lawyer can assist you in ensuring that the investment complies with the EB-5 visa program’s immigration standards.

Step 3: Invest

  • Put money into the newly launched business
  • While filing Form I-526, you must demonstrate that you have invested in the new business company or are actively working.
  • You can deposit the money into an escrow account. (The money disbursement would be contingent on I-526 approval and the granting of a visa or status adjustment.)

Step Four: Submit Form I-526.

After assembling the required paperwork, your lawyer will submit Form I-526 for you.

If all goes well and your I-526 is accepted, you can request conditional permanent residence (a green card that’s conditional for two years).

Step 5: Status Adjustment/Visa Processing

You can obtain a conditional green card in 2 different ways. Depending on whether you’re in the United States of America or abroad, you may change your status in the US or undergo consular processing overseas.

To adjust your status, fill out Form I-485 or submit a Form DS-260 for consular processing.

Step Six: Submit Form I-829

Your lawyer may submit a Form I-829 on your behalf after you have been a conditional permanent resident for 21 months.

The application to lift the condition from your green card is made using Form I-829..

Step Seven: Naturalization (Optional)

If you manage to be a permanent resident for a minimum of five years, you could be eligible to apply for naturalization to become an American citizen.

With the EB-5 visa, foreign investors have the chance to invest so that they can get a US Green Card for both themselves and their families. By investing in the US, you can protect your capital while generating job opportunities for Americans.  

Published by HOLR Magazine.

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