What is the EB-5 Investor Immigration Program?

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A Detailed Overview of the EB-5 Investor Visa Program

The EB-5 visa program was created through the Immigration Act in 1990 as a way to stimulate the U.S. economy and create new domestic jobs through foreign investments in existing organizations. There are many advantages to the EB-5 visa program for immigrant investors, including the following:

  • EB-5 Investment Immigration Visa Overviewfreedom to reside anywhere in the United States, regardless of the location of the EB-5 investment,
  • you will have the choice of naturalization after 5 years of receiving your conditional green card,
  • your spouse and any children under the age of 21 qualify under the same visa application as the principle applicant,
  • no travel restrictions to your home country,
  • no sponsor requirement (unlike family based or employment visa applications),
  • no requirement for extraordinary ability or education,
  • college tuition is regarded as in-state resident as opposed to out-of-state resident, and
  • no requirement to manage daily business operations and employees if EB-5 is through a regional center.

Approximately 10,000 visa numbers are allocated annually to EB-5 investors. There are three ways to invest in the EB-5 category: a new commercial enterprise, a troubled business, or a regional center pilot program. USCIS reserves 3,000 EB-5 visas for aliens who invest in targeted employment areas (TEA) and 3,000 for aliens who invest in commercial enterprises affiliated with Regional Centers.

The EB-5 visa is available to immigrants seeking to enter the United States by investing at least $1,000,000. However, individuals who invest in a “targeted employment area” (TEA) are only required to invest a minimum of $500,000. In addition, immigrant investors who invest in a qualified and approved Regional Center only need to invest a minimum of $500,000 as well. In direct investments & investments through a Regional Center, the investor must show that they created at least 10 direct or indirect jobs within two years of an approved I-526 application.

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