EB-5 IMMIGRANT INVESTOR PROGRAM (GREEN CARD)
US Immigration Attorney - EB-5 Investor Visa Advice
Our United States Immigration Lawyers are experienced, ethical, and registered with AILA (American Immigration Lawyers Association), and they can assist clients in our offices in Melbourne or Brisbane, Australia and in Hong Kong.
Our US Attorney's can advise clients worldwide, with a fast and efficient Consultation by telephone or skype where they advise you about:
- Visa eligibility and check of Source of funds
- Information about the visa process and capital investment required
- Assistance with a re-application after a US Visa Denial
- Assistance in selecting a USCIS EB-5 approved Project
- Supporting documents showing evidence of financial capacity and good character
- Checklist of documents required and format
- Assistance in completion of USCIS Application forms or petitions
- US Consulate Interview preparation covering common questions and answers
- Visa Processing time guidance
- Project Investment fees, Administration fees, USCIS fees and Attorney fees for complete visa application assistance
Contact VisaConnect's US Immigration Attorney's, in 2021 for advice and assistance with your EB-5 Immigrant Investor Program Visa application for a United States Green Card (Permanent residence)!
EB-5 Program - United States
The EB-5 Immigrant Investor Program, administered by the US Citizenship and Immigration Services (USCIS) allows Investors, their spouses and unmarried children under 21 years to apply for High Net Worth Immigration to the United States and obtain a green card (permanent residence) if they:
- Make the required investment in a commercial enterprise in the United States; and
- Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers
The EB-5 visa was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Moreover, In 1992, Congress created the Immigrant Investor Program,
also known as the Regional Center Program.
EB-5 Job Creation Requirements
- Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the 2 year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
- Create or preserve either direct or indirect jobs:
- actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.
- those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.
Capital Investment Requirements
The required Minimum Investments are:
- Targeted Employment Area - (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment
area or rural area in the United States previously was $500,000 USD. Since 21 November 2019, the minimum investment in a Targeted Employment Area is $900,000 USD
- Non-Targeted Employment Area - For example, investment in a Project in a large metropolitan city like Los Angeles or New York. Since 21 November 2019, the minimum investment in a Non-Targeted Employment Area is $1.8 million USD
- See VisaConnect's EB-5 PDF Brochure, as at January 2021: EB-5 Immigrant Investor Program in 2021
New EB-5 Modernization Rules - Effective 21 November 2019
On July 23, 2019, United States Citizenship and Immigration Service (USCIS) regulations to update the Immigrant Investor Program were published in the Federal Register.
The new EB-5 Regulations are as follows:
- An increase in the minimum Targeted Employment Area (TEA) investment threshold from $500,000 USD to $900,000 USD
- TEA's will now be centrally designated by Department of Homeland Security (DHS), and a majority of current TEA's will no longer qualify. Therefore, the investment amount will increase to $1.8 million if not in a TEA.
- Providing the priority date retention to EB-5 investors in certain cases
- Clarifying USCIS procedures for the removal of conditions on permanent residence fulfilment
- Providing for periodic minimum investment increases henceforth
- Effective Date: 21 November 2019
- Any EB-5 case filed before 21 November 2019 will be grandfathered under the current rules and lower investment amount of $500,000 USD for TEA projects will be allowed.
EB-5 - Benefits
The benefits of investing in EB-5 Projects, as offered by our USCIS approved Regional Centers are:
- Direct route to a Green card - (Permanent residence), in the US for the Investor and their immediate family, including his/her spouse, and any children under the age of 21 years.
- The EB-5 Program is very Successful and Popular - Since 2008, there has been an injection of over $13.5 billion of foreign direct investment. Tens of thousands of jobs have been created in the US, since the program's inception in 1990.
- Specialist US Attorney Assistance - You select the safe and secure investment opportunity; our Regional Center, US Attorney's and affiliates manage the complete process.
- No Management of Investment required - Investors have no need to manage the investment on a daily basis. Generally, the Investor is a Limited Partner, and the control and management of the investment and project will be undertaken by the Regional Center or Project Developer.
- English Ability & Business Experience not required - No requirements based on Age, Business experience, Education or English language ability. No Visa sponsor required, and no work visa needed for employment.
- Fast and Efficient Processing - by an experienced and dedicated legal team. The Program has No waiting list and No quota backlogs as exists in many other Employment and Sponsorship visa programs.
- No Residency restrictions - participants may settle anywhere in the United States, including in states such as Florida or Texas with no state income tax.
- Access to US Healthcare - A US Green card or Citizenship provides Investors and their family with access to the same high-quality healthcare enjoyed by US citizens.
- Education in the US - Free Education in the US public schools' system. Entitled to Education at US Colleges and Universities, at US resident costs.
- Fast US Citizenship - EB-5 is the fastest way to obtain US Citizenship and a US Passport. Potential for U.S. Citizenship after minimum of 5 years of established permanent residency in the U.S.
EB-5 Application Process
An application for an EB-5 must comply with the following steps:
1. File Form I-526
- Petition by Alien Entrepreneur. Note that our Regional Centers have a better than 99% approval rate on I-526 petitions,
which is significantly higher than the nation USCIS average of 89%.
2. Approval of Form I-526 petition
- need to file either of the following:
- File Form I-485 - Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to a
conditional permanent resident within the United States, or
- File DS-230 or DS-260 - Application for Immigrant Visa and Alien Registration, with the U.S. Department of State to obtain an EB-5 visa for
admission to the United States.
Once the Form I-485 is approved, the Investor and his family will be granted conditional permanent residence
for a 2-year period.
4. File Form I-829
- Petition by Entrepreneur to Remove Conditions, 90 days before the two-year anniversary of the granting of the EB-5 investor’s
conditional resident status (Green Card).
5. USCIS Approves Form I-829 petition
- the conditions will be removed from the EB-5 applicant’s status and the EB-5 investor and derivative family members will be allowed to permanently
live and work in the United States.
EB-5 Investor Program Renewal to Be Decided by June 2021
The coveted EB-5 program is approaching its time of testing when Congress will decide whether to renew it or not. The EB-5 investor immigration program, created in 1990, has a sunset provision that could lead to its expiration by June 30, 2021.
This has not caused much concern, as Congress can automatically renew certain programs, including the EB-5 program, by passing the omnibus bill to approve a new budget.
Senator Chuck Grassley (R-IA) and Senator Patrick Leahy (D-VT) have co-sponsored the bipartisan EB-5 Reform and Integrity Act.
This bipartisan legislation would introduce the following changes:
- Extend the EB-5 program through to September 2024.
- Increase the Department of Homeland Security’s (DHS) authority to deny or terminate applications involving fraud, criminal misuse, or threat to public safety or national security.
- Establish an "EB-5 Integrity Fund" to investigate which the Regional centers and investors would pay fees to be used by the DHS to perform audits and site visits, and investigate fraud.
- Require background checks of the Regional center and project principals.
- Require more disclosures to investors regarding business risks and conflicts of interest.
- Require more oversight of projects and closer monitoring for securities compliance.
To see our current EB-5 Projects, open for investment, in 2021, please click on the link below: