The EB-5 investor program is a United States immigration program that allows foreign investors to obtain permanent residency (Green Card) by making a qualifying investment in a new commercial enterprise that creates jobs for U.S. workers.
The minimum required investment amount is generally $1.8 million. However, if the investment is made in a targeted employment area (TEA), which is an area with high unemployment or a rural area, the minimum investment amount is reduced to $800,000.
A targeted employment area (TEA) is a designated geographic area with high unemployment or a rural area with a population of fewer than 20,000 people. Investments made in TEAs qualify for the reduced investment amount of $800,000.
You are required to create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of receiving conditional Green Card status. If you invest in a troubled business, you need to demonstrate that you will maintain the existing number of jobs for at least two years.
The main benefit is obtaining permanent residency (Green Card) for the investor, their spouse, and unmarried children under the age of 21. It provides the opportunity to live, work, and study anywhere in the United States. There is no requirement for day-to-day management of the investment, and it can potentially lead to U.S. citizenship.
No, the EB-5 program is open to investors from all countries. There is no specific country quota or limitation.
Like any investment, there are risks involved. The success of the investment and job creation can depend on various factors, including the business project, market conditions, and regional economic factors. It's important for investors to conduct thorough due diligence and consult with immigration and financial professionals.
Yes, you can use a loan or gifted funds for the investment. However, in the case of a loan, you must show that the collateral securing the loan is not the assets of the new commercial enterprise, and you are personally liable for the loan.
The main benefit is obtaining permanent residency (Green Card) for the investor, their spouse, and unmarried children under the age of 21. It provides the opportunity to live, work, and study anywhere in the United States. There is no requirement for day-to-day management of the investment, and it can potentially lead to U.S. citizenship.
Initially, investors are granted a conditional Green Card, which is valid for two years. To remove the conditions and obtain a permanent Green Card, investors must demonstrate that they have met the investment and job creation requirements within the specified timeframe.
Yes, the EB-5 program allows you to include your spouse and unmarried children under the age of 21 in your application. They can obtain the same conditional Green Card status as the investor.
The processing times can vary, but generally, the EB-5 application process takes several months to a year or more. It involves submitting the necessary forms, supporting documents, undergoing background checks, and attending an interview at a U.S. consulate or embassy if residing outside the United States.
Yes, as a conditional Green Card holder, you have the right to work and start a business in the United States. There are no restrictions on employment or business activities.
If the new commercial enterprise fails or the required number of jobs is not created within the specified timeframe, it can potentially jeopardize the investor's ability to remove the conditions on their Green Card. However, certain circumstances, such as changes in the business project or unforeseen economic conditions, may be considered for a waiver or alternative arrangements.
Yes, as an EB-5 visa holder, you have the freedom to live, work, and study anywhere in the United States. There are no restrictions on your place of residence or employment.
Yes, after holding a Green Card for a certain period of time and meeting the eligibility requirements, you can apply for U.S. citizenship through naturalization. Typically, this requires five years of permanent residency, among other criteria.
The EB-5 program has an annual limit of 10,000 visas. This includes visas issued to investors as well as visas issued to their dependents. However, there has been a backlog in recent years due to high demand, and certain countries may have per-country limitations.
Yes, the EB-5 program allows investments through designated regional centers. Regional centers are entities approved by the U.S. Citizenship and Immigration Services (USCIS) that sponsor investment projects and promote economic growth in specific geographic areas.
Yes, you can apply for an EB-5 visa while in the United States on a different visa status. However, it is important to consult with an immigration attorney to understand the specific implications and requirements of changing your visa status.
If you are residing outside the United States, you can visit on a temporary visa while your EB-5 application is pending. However, if you are in the United States on a non-immigrant visa, you should consult with an immigration attorney to determine the best course of action to maintain your legal status.
Generally, the EB-5 program requires investment in a new commercial enterprise. However, in some cases, investing in a troubled business that has experienced a net loss in the past two years may qualify. The investment must also lead to the preservation or creation of at least 10 full-time jobs for qualifying U.S. workers.
No, there are no specific age restrictions for the primary EB-5 investor. As long as the investor meets the requirements of the program, they can apply regardless of their age.
Yes, it is possible to invest in multiple projects to meet the investment requirements of the EB-5 program. Each investment, however, must meet the minimum investment threshold and create the required number of jobs.
Yes, you can invest in a regional center project that is not located in a targeted employment area (TEA). However, in such cases, the minimum required investment amount would be $1.8 million rather than the reduced amount of $800,000.
Yes, you can invest in a regional center project that is not located in a targeted employment area (TEA). However, in such cases, the minimum required investment amount would be $1.8 million rather than the reduced amount of $800,000.
Yes, you can use funds obtained through a loan for your EB-5 investment. However, the loan must be secured by your personal assets, and you must demonstrate that you are personally and primarily liable for the debt.
Yes, once an investor receives conditional permanent residency, they are required to file annual reports with the U.S. Citizenship and Immigration Services (USCIS). These reports provide updates on the progress of the investment, job creation, and compliance with program requirements.
Yes, as dependents of an EB-5 investor, your children who are under the age of 21 can continue their education in the United States. They can attend public or private schools, colleges, or universities, and potentially benefit from in-state tuition rates.
Yes, you can invest in a business operated by a family member and qualify for the EB-5 program. However, the investment and job creation requirements must be met, and the business must meet the necessary criteria as outlined by the program.
It is possible to apply for an EB-5 visa even if you have been previously denied another type of U.S. visa. Each case is evaluated individually, and prior visa denials do not automatically disqualify you from the EB-5 program. It is important to address any concerns or issues that led to the previous denial in your EB-5 application.