The United States government created the EB-5 Immigrant Investor Program in 1990 in an effort to attract foreign investment and boost economic growth. Eligible foreign nationals can invest in a new or existing U.S. business. When investors demonstrate that their investment has created at least ten jobs for U.S. workers, they may receive green cards for themselves and their families.

While the EB-5 program was signed into law by President George H.W. Bush in 1990, as a “Direct Investment” program, it began as a largely dormant program (attracting less than 1,000 investors per year). Due to this lack of success, the “Regional Center Pilot Program” was launched in 2002 to help formalize and popularize the program. Since the launch of the Regional Center program, EB-5 has experienced explosive growth, primarily due to its clear guidelines and high individual approval rates.

EB-5 Regional Centers are organizations authorized by United States Citizenship and Immigration Services (U.S.CIS) to receive and manage EB-5 investor funds. Regional Centers promote economic development and job creation within a specific geographic area.

Key Benefits

The EB-5 program enjoys several important benefits

Fast Path to Green Card

The EB- visa is the fastest, safest and most secure way to obtain a U.S. green card. The normal ‘student or work visa to green card’ route takes more than 10 years and is a path filled with much anxiety, risk, and lost opportunities for many applicants.

The EB-5 visa provides the following benefits:

  1. Higher acceptance rates to better U.S. universities, and not subject to international student quotas.
    1. The acceptance rate to Harvard University is 4.5% for domestic applicants (including Green Card holders) versus only 0.1% for foreign students.
    2. For Stanford University, the acceptance rate is 4.8% for domestic applicants versus 0.6% for foreign students.
    3. For Yale, the acceptance rate is 6.9% for domestic applicants versus 1.0% for foreign students.
    4. This story is the same for nearly all U.S. universities, whether public or private.
  2. Can reduce college tuition costs by up to 50% through in-state tuition and merit-based scholarship opportunities.
  3. Provides unrestricted access to the best U.S. companies and professional firms and/or the ability to pursue entrepreneurial opportunities. An EB-5 visa eliminates the need for the unpredictable annual H-1B lottery system, where only 1 in 3 students are selected. And, an EB-5 visa may allow you to earn significantly higher total compensation vs. earnings in your home country.

A U.S. Green Card can provide a dependable back-up plan in times of political instability, social unrest, or economic crisis.

The $900,000 investment amount is very competitively priced compared to other countries/ citizenship for investment programs.

By purchasing U.S. dollars at current exchange rates, your EB-5 investment may be worth a lot more in 5 years (in local currency terms) if the dollar strengthens.

Can apply at the five-year anniversary of receipt of conditional resident status.

If any of the above objectives resonate, we’d be happy to discuss the EB-5 Investment Visa Program in greater detail with you. Please contact us.

Common Questions

Can your family go with you?

Yes, your spouse and all children (up to age 21) will be able to move with you and get green cards too for a single investment of $900,000.

It takes approximately 18-24 months from the date of submitting your application to receive your conditional green card (this is an I-526 application).

Your conditional green card is valid for 2 years. Before the end of this two-year period, you’ll need to apply to have the conditions on your green card removed.

It will take several months for the United States Citizenship and Immigration Services (USCIS) to approve the removal of conditions (the I-829 application).

Once approved, you’ll be granted a permanent, unconditional green card.

You can apply for citizenship five years after you have received your first (conditional) green card.

It is possible to return your capital ($900,000) once your I-829 application is approved.

This generally takes around 5 years from the date of your initial investment.

However, as per U.S regulations, your investment must be “at risk” while your I-829 is under review.

By law, no EB-5 project is allowed to guarantee a return of capital, due to the “at risk” requirement.

If you are interested in simply maintaining your Green Card, you should visit the U.S. at least once every 6 months (at a minimum). To maintain a green card, you only need to demonstrate an ‘intent to reside’.

If you’re interested in obtaining U.S. Citizenship, you should aim at spending at least 6 months/year in the U.S. once you receive your conditional Green Card. This “continuous residence” requirement only applies to full naturalization (i.e. citizenship) and not to maintenance of a green card (i.e. EB-5 visa).

You will become eligible to pay U.S. taxes on your global income as soon as your conditional green card is issued.

Many countries have double taxation treaties with the U.S. and it’s also possible to employ some simple tax planning techniques (e.g. trusts, etc.) to mitigate the impact in many areas.

I’m happy to put you in touch with a tax planning expert once you’ve decided to make your investment.

There are three costs involved in completing the EB-5 visa process.

  1. U.S. Government filing fees: these are ~$8,500 for the entire family.
  2. Project Administration Fee: this is a one-time, up-front fee of $50,000.
  3. Immigration Counsel Fee: this is typically ~$18,000 for the entire family.

We’re happy to put you in touch with an experienced EB-5 immigration lawyer once you’ve decided to move forward.

If you are interested in participating in the EB-5 Immigrant Investor Program or would like to learn more about the process, please contact us. A member of our team will respond right away.

Eligibility & Requirements

Families from any country are eligible to become permanent residents of the United States by investing in qualifying U.S. businesses through an approved Regional Center.

To participate in the EB-5 Program, investors must file the I-526 petition with the United States Citizenship and Immigration Services (USCIS).

Filing the I-526 petition is the first step in the EB-5 Program application process. The USCIS requires all investors to produce the following:

    • Evidence that the invested capital comes from a “lawful source”
    • Evidence that an investor’s accumulated wealth is sufficient for an EB-5 investment
    • Evidence that the investor has transferred funds to the Regional Center’s escrow account or project account
    • Copies of passports for each family member on the petition
    • Documents related to the petitioner’s education and employment history, such as résumés, diplomas, and other relevant documents
    • Birth and marriage certificates for all family members on the investor’s application
    • Additional information may be required on a case-by-case basis

 

After I-526 approval, investors will file an I-829 petition to receive permanent residency.

Upon approval of the I-526 petition, the investor (and all family members listed on the petition) will receive a conditional green card that lasts for two years. Within 90 days of the conditional green card’s expiration, your immigration attorney must file the I-829 petition to demonstrate the following:

Evidence the investor invested the required amount of capital into the project

    • Evidence the invested funds were “at risk” at the time of the I-829 petition filing
    • Evidence the commercial enterprise created, or can be expected to create, at least 10 full-time jobs as a result of the investor’s funds
    • Upon USCIS approval of the I-829 petition, investors and their family members will receive permanent U.S. green cards.

To fulfill the above requirements, investors must coordinate with an immigration attorney. When you’re ready to subscribe to one of our projects, we can provide a list of experienced, non-affiliated immigration attorneys for you to contact.

If you are interested in participating in the EB-5 Immigrant Investor Program or would like to learn more about the process, please contact us.

Investor Map

Afghanistan
Algeria
Angola
Argentina
Australia
Austria
Bahrain
Bangladesh
Belarus
Belgium
Brazil
Cambodia
Canada
Chile
China

Colombia
Ecuador
Egypt
Eritrea
Ethiopia
Germany
Ghana
Hong Kong
India
Iran
Iraq
Israel
Italy
Japan
Kazakhstan

Korea
Lebanon
Libya
Macau
Malaysia
Mexico
Myanmar
Netherlands
New Zealand
Nigeria
Pakistan
Philippines
Russia
Saudi Arabia

Singapore
South Africa
Spain
Sri Lanka
Switzerland
Taiwan
Trinidad & Tobago
Turkey
Ukraine
United Arab Emts.
United Kingdom
Venezuela
Vietnam

If you are interested in participating in the EB-5 Immigrant Investor Program or would like to learn more about the process, please contact us.

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