EB5 VISA

WHAT IS THE EB5 VISA?

WHAT ABOUT THE 5B5 INVESTORS PROGRAM?

Let’s see everything about the EB5 Visa Program designed by the U.S. Government, with the latest EB5 News. 

EB5 Visa Contents

THE EB5 VISA: WHAT IS IT?

The EB5 Visa (employment-based fifth preference category or also well-known as EB-5 Immigrant Investor Visa Program)  is a special Investor Visa designed by the U.S. Government as a way to obtain a Green Card (so to be a U.S. Permanent Resident) after making an investment in United States.

So, The EB5 Visa Program (as known as “EB5 Investors”) enables foreigners to obtain a Green Card (and so to become lawful permanent residents) after making an Investment.

With that investment, the investor – as EB5 Visa applicant – will have the right to permanently live and work in the United States, with also his/her spouse and eventual under 21 children (so with Family members).

This is actually the easiest way to obtain the U.S. Green Card and, as consequence, to become an American Citizenship thanks of that investment

This is pretty clear just having a look at the official Visa Statistics by the U.S. Government, regarding the numbers of EB5 Visa in the last 20 years:

Eb5 Visa Applications

2000-2020 EB5 Visa applications and increase of demands of the EB5 Investors

You can obtain the U.S. Green Card in different ways: 

  •  by investing at least $1.8 million (since November 21, 2019) to finance a business in the United States that will employ at least 10 American workers.
  • Or invest in a targeted employment area (called TEA) —an area with high unemployment—which lowers the investment threshold to $900,000.

900,000 Investment

Job Creation

Green Card

EB5 VISA REQUIREMENTS

When Can I obtain an EB5 Investors Visa?

For meeting the EB5 Visa requirements, the foreign investors must make an “at-risk” capital investment.

The required investment amount is either $900,000 or $1.8 million, depending on the  location of the project you invest in.

If you invest in a targeted employment area (TEA) the investment is $900,000.

Differently, if you decide to invest in other different circumstances, the minimum required investment is $1.8 million.

What is important, as a goal of the EB5 Visa Program, is that the investment must lead to the creation of 10 full-time U.S. jobs.

eb5-visa-investors-program
Photo credits by Augusto Navarro

First of all, an interested investor must meet specific requirements, and this according to the United States Citizenship and Immigration (USCIS) requirements to obtain an EB5 Visa and, then, a Green Card.

What is most important is that the investor must meet capital investment amount requirements, job creation requirements, and ensure that the business receiving the investment qualifies for the Eb5 Visa Program. 

Now all businesses qualify, so pay attention to that.

#1 Requirement for the EB5 Visa: Investment Amount

EB5 visa applicants have to choose between a $900,000 or $1,800,000  capital investment amount into a U.S. commercial enterprise.

900,000 $

$900,000 if the investment is made into a U.S. commercial enterprise located in a so-called  “targeted employment area” (TEA).

A TEA may be a rural area or an area that has a high unemployment rate.

When a zone qualified as "High unemployment area" or "rural"?

High unemployment areas are geographic locations with an unemployment rate of a minimum of 150% of the national unemployment rate at the time of the EB-5 investment. Rural areas are geographic regions that are outside of a city with a population of 20,000 or more.

1,800,000 $

For all the other categories of EB5 Visa investments that are not eligible for the 900,000$ option.

#2 Requirement for the EB5 Visa: Create New Job

eb5-visa-investors-program-job-creation

The United States Citizenship and Immigration Service (USCIS) requires that EB5 investments are directed to create new jobs. 

10 Full-Time Jobs for US Workers

There are specific time limitations – these jobs must be created within 2 years after the investor has received his/her Green Card (so it may be revoked if you won’t be able to create them).

In some cases, the investor must be able to prove that.

But generally, the EB5  Visa holder may only have to show that 10 full-time indirect or induced jobs were created if the investment was made in a regional center. 

#3 Requirement for the EB5 Visa: Eligible Businesses

eb5-visa-eligible-businesses-entity

There are several types of eligible business entities in which an EB5 visa applicant can invest.

New Commercial Enterprises [Not common]

New commercial enterprises are lawful for-profit entities.

We have for example corporations, limited or general partnerships, sole proprietorships.

These commercial entities must have been established after November 29, 1990.

CMB Regional Centers [Most Common]

Regional centers administer EB-5 projects.

It’s certainly more advantageous for an investor to invest in a CMB regional center-run project because the investor will not have to independently set up the EB-5 projects.

That’s why more than 95% of EB5 Visa Program applicants go through the CMB Regional Center.

START NOW YOUR EB5 VISA APPLICATION

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HOW TO APPLY FOR THE EB5 INVESTORS VISA ?

How to Obtain A Permanent Residency (=Green Card) with the EB5 Visa Program for Investors?

There are 4 main steps that an EB5 Investors Visa applicant must complete, before becoming a U.S. permanent resident through the EB5 visa program

Once these steps have been completed, the EB5 Visa Applicant together with his/her spouse, and unmarried children under the age of 21 will obtain a U.S. Green Card.

You may understand how much is important: as soon as You will obtain Your Green Card, you also have the option to become U.S. Citizen after 5 Years

But let’s see together what are the 4 steps needed for an EB5 Visa applicant:

#1 LOCATE AN ELIGIBLE EB5 PROJECT

First of all, the applicant for the EB5 Investors Visa must 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.

That’s where we will start working together with CMB Regional Center: we will locate for You the project that best suits Your case.

In this phase, the EB-5 Visa Applicants must also ensure that they meet income requirements in order to move forward with the EB5 Visa process.

The EB5 Project by CMB Regional Centers: The Easiest (and better) way.

EB5 VISA [FULL GUIDE] EB5 News for Investors 1

EB5 Investors projects are most often sponsored by CMB regional centers authorized by USCIS.

Approximately 95% percent of all EB5 Visa applicants invest in a company that is sponsored by a regional center 

Why?

It’s way more comfortable, as they will find the right project for You, and you’ve not to think about building up your own proeject.

So, Investors will simply direct their required capital investment to a specific commercial enterprise that is part of the EB5 Visa Project. That’s it. 

What types of EB5 Projects exist?

EB5 Visa projects assume many different business models and operate within many different industries, so there's not a close list.

Just to give you an idea, the most common [but not exclusive] Projects for an EB5 Investors Visa application are:

  • Mixed-use retail
  • Hotels
  • Sports stadiums
  • Restaurants
  • Agricultural
  • Electric vehicles
  • Manufacturing
  • Biotech
  • Medical technologies
  • Casinos
  • Entertainment
  • Convention Centers
  • Buildings

We work closely with CMB Regional Center as with our U.S. Partners, for letting You apply for your EB5 Investors Visa in the most easier and faster way possible.

#2 INVEST AND FILL THE I-526 PETITION

After choosing a project to invest in, the EB5 Investors Applicants must make the required capital investment amount in the project.

So yes, the first step is making the investment. And here the most common question:

What if my EB5 Visa Application will be rejected?

Most CMB regional centers will refund your investment if your I-526 is denied - so we can say it's a Risk-Free Invesment.

The investment must be $1.8 million, or $900,000 if the project is situated in a Targeted Employment Area (TEA), as we explained at the beginning of the page. 

Then, an immigration attorney provides proof of this investment by filing an I-526 petition with USCIS. An Immigration Attorney is mandatory for filling the EB5 Investors Visa application

WHAT IS THE I-526 PETITION? HOW IT WORKS?

I-526-PETITION-EB5-VISA

The I-526 Petition is filed by the EB5 Visa Applicant (through his/her Immigration Attorney) to demonstrate that they are in the process of investing, or have already invested.

I-526 petitions are usually prepared on behalf of EB-5 applicants by an Immigration attorney. 

What are the I-526 EB5 Visa Requirements?

An EB-5 eligible project has received/will receive the investment.
Evidence: articles of incorporation, merger or consolidation certificates, joint venture or limited partnership agreements, state business certificates

The appropriate investment amount has been made in the project
Evidence: bank statements, security agreements, other evidence that sufficiently illustrates the investment amount.

The capital investment was obtained through lawful means (licit source of funds).
Evidence: five years of tax returns, pay stubs of the funds coming from earnings from an employer, bank account statements, securities statements, etc.

The investment will create 10 full-time U.S. jobs
Evidence: a business plan.

#3 2-YEARS PERMANENT (CONDITIONAL) RESIDENCY

The 3rd step of the EB5 Visa application process is to become a 2-year conditional resident of the United States – in this way, you can implement the project You invested in.

EB5 Investors Visa applicants are eligible to become definitely U.S. residents once their I-526 petition has been approved by USCIS.

EB5 VISA [FULL GUIDE] EB5 News for Investors 2

Let’s see what are the most common situation – 2 ways to obtain Conditional Permanent Residency

EB5 Investor already has a Lawful status in U.S.

If the EB-5 investor already has lawful status in the United States, then he must file form I-485 to adjust his status to conditional permanent resident. 

EB5 Investor does NOT have a Lawful status in U.S.

If the EB5 Investor does not already have lawful status in the United States, then he must file for an immigrant visa by submitting form DS-260, and then wait for an interview at the local U.S. Consulate.

Do I have to remain in U.S. during this 2-years period?

During the 2-year conditional residency period, the EB5 Visa Applicant cannot remain outside of the United States for more than one year without obtaining a re-entry permit.

#4 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 described in step #3.

The I-829 petition is submitted to USCIS 90 days prior to the expiration of the 2-year time frame.

This application proves that the investor has met all requirements of the EB5 visa program.

Now You can have your U.S. Green Card!

START NOW YOUR EB5 VISA APPLICATION

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EB5 VISA FOR INVESTORS - F.A.Q.

Most Common Questions we received about the EB5 Investors Visa application, the EB5 Visa Requirements and common doubts on the EB5 Visa process. 

You can also have a look at the Official USCIS Faq section for the EB5 Visa.  

Basically, You have to invest a minimum amount of money into qualified Projects set by the CMB Regional Center. 

The amount of required investments for each EB5 Visa applicant varies depending on the location of the business an investor selects.

 If investing in a Targeted Employment Area (TEA), the investment threshold is $900,000. Otherwise, the minimum investment amount increases to $1.8 million. 

EB5 Visa processing times are case-specific, there is not a specific time frame. Certainly, it won’t take less than 1 year.

In addition to the amount of investment and filing fees required by USCIS for the EB5 Visa program, investors may also need to pay for the legal, administrative and due diligence services associated with an EB-5 application. 

EB5 Investors must also pay the filing fees for the EB-5 forms – I-526, I-485 or DS-260, and I-829. 

99% of EB5 investors retain an Immigration Attorney to help them handle the processing and filling the EB5 application which might incur extra costs.

The capital invested into the EB5 Investors Visa program is used by a U.S. business to complete the selected project and create American jobs.

It is a common practice for CMB regional centers to first deposit an investor’s money in an escrow account until the investor’s I-526 petition is approved by USCIS, in order to reduce the risks an EB-5 investor bears.

It’s also common to see a Refund Policy if the application is not approved, so you’ve not to be worried about. 

Yes: The EB5 Investors Visa Program is the American equivalence of the so-called “Golden Visa” program, which is used in many EU countries to attract foreign investment in exchange for the benefit of residency or citizenship rights. 

No, that’s the big news: Any lawful for-profit businesses, no matter which industry it is in or how it is structured, can be an EB-5 project.

Some of the popular types of businesses include real estate, restaurants, medical facilities and infrastructure. The EB-5 business can be structured as a sole proprietorship, a partnership, a holding company, an LLC or other types of entities.

Non-profit organizations don’t qualify for EB5 Visa program as it’s not an investment, but a donation.

The minimum investment requirements were raised to between $900,000 and $1.8 million, with the lower amount applicable only when investing in “targeted economic areas” (TEA).

The USCIS requires that EB-5 investments result in the creation of 10 full-time jobs for U.S. workers.

Jobs must be created within the 2-year period after the investor has received their conditional permanent residency.

APPLY NOW FOR YOUR EB5 VISA

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