The EB-5 Program is a United States immigration program that allows foreign investors to obtain a green card by investing in a new commercial enterprise that creates at least 10 jobs for U.S. workers.
The EB-5 Program was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. The program has been successful in attracting billions of dollars in foreign investment to the United States and creating tens of thousands of jobs.
To qualify for the EB-5 Program, investors must make a minimum investment of $800,000 in a new commercial enterprise located in a rural area or an area with high unemployment. Investors can also invest $1 million or more in a commercial enterprise located anywhere in the United States.
Once an investor's investment is approved, they and their immediate family members (spouse and unmarried children under the age of 21) are eligible to apply for a conditional green card.
To apply for the EB-5 Program, investors must submit a number of documents to the United States Citizenship and Immigration Services (USCIS), including:
The minimum investment amount is $800,000 for projects located in rural or targeted employment areas (TEAs) and $1.05 million for projects located in non-TEAs.
USCIS allows for a gradual investment process, meaning that the full investment amount is not required at the time of submitting the EB-5 visa application. This flexibility enables investors to demonstrate the availability of funds and a commitment to invest the entire amount over a specified schedule. Simply having the intention to invest or planning for future investment, without a current and committed investment, does not meet the EB-5 program's requirements.
A Targeted Employment Area (TEA) is an area with high unemployment or a rural area. Investments made in TEAs typically qualify for the reduced minimum investment amount in the EB-5 program.
An EB-5 Regional Center is an organization approved by USCIS to facilitate investments in job-creating projects. Investments made through Regional Centers often offer investors more flexibility and indirect job creation opportunities.
A direct EB-5 investment involves investing in and directly managing a business.
Investment through a Regional Center involves passive investment in projects that aim to create jobs indirectly. Both methods can lead to permanent residency.
The processing times for EB-5 applications can vary, but it typically takes several years from the initial investment to conditional permanent residency. After conditional permanent residency, investors can apply for the removal of conditions and, eventually, U.S. citizenship.
Yes, in a direct EB-5 investment, you are typically required to be involved in the day-to-day management of the business. However, in an investment through a Regional Center, it's a passive investment, and you are not required to manage the project.
Yes, your spouse and unmarried children under 21 can also obtain green cards as derivative beneficiaries of your EB-5 investment.
While waiting for your EB-5 visa, you may apply for a work permit and pursue employment or studies in the United States.
It's important to consult with tax professionals, as the tax implications can vary depending on your individual circumstances and home country. The United States has tax treaties with certain countries that may affect your tax liability.
You must provide evidence demonstrating the lawful source of your investment funds. This may include financial documents, business records, and other relevant documentation.
Yes, you can invest as part of a group of investors in a single EB-5 project. Each investor's investment should meet the minimum capital requirement and create the required jobs.
Yes, you can invest in your own business, and this is known as a direct EB-5 investment. However, the business must meet specific criteria, and you must play an active role in its management.
Like any investment, there are risks involved in the EB-5 program. These risks can include project-specific risks, economic factors, and immigration risks. It's important to conduct due diligence and work with experienced professionals.
Yes, after obtaining conditional permanent residency and meeting residency requirements, you may pursue U.S. citizenship through the naturalization process.
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