EB-5 (Immigrant investor Visas)

Purpose:

The EB-5 program provides a pathway to U.S. permanent residency (green card) for eligible foreign investors who make qualifying investments that create or preserve jobs for U.S. workers.

Investment Requirements

• • Standard Investment: A minimum of $1,050,000 in a new commercial enterprise.
  • Targeted Employment Area (TEA) Investment: A reduced minimum of $800,000 if the investment is made in a TEA, which includes:
  • Rural Areas: Areas with a population of fewer than 20,000 people.
  • High-Unemployment Areas: Areas with an unemployment rate of at least 150% of the national average.

Note: The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers.

Investment Options

1.- Direct Investment:

• • Investor establishes and manages their own new commercial enterprise.
  • Investment capital must be at risk and directly contribute to job creation.

2.- Regional Center Investment:

• • Investment is made through a USCIS-approved EB-5 Regional Center.
  • Regional Centers pool investments to fund projects that meet EB-5 requirements.
  • Investors are generally not involved in day-to-day management.
  • Indirect job creation is permissible.

As of February 12, 2025, there are 547 approved Regional Centers.

3.- Due Diligence Considerations

• • Investment Viability: Conduct thorough research to ensure the investment opportunity is legitimate and aligns with EB-5 program requirements.
  • Regional Center Evaluation: Review the Regional Center's history, financial stability, and compliance with USCIS regulations.

Application Process

1. 1. Form I-526 or I-526E: File the Immigrant Petition by Standalone Investor or Regional Center Investor, respectively.
   2. Form I-485 or DS-260: If an immigrant visa is available, file the Application to Register Permanent Residence or Adjust Status (Form I-485) if in the U.S., or the Application for Immigrant Visa and Alien Registration (Form DS-260) if abroad.
   3. Conditional Permanent Residency: Upon approval, the investor and eligible family members receive conditional permanent resident status for two years.
   4. Form I-829: Within the 90-day period before the second anniversary of obtaining conditional residency, file the Petition by Investor to Remove Conditions on Permanent Resident Status.