EB-5 IMMIGRANT INVESTOR PROGRAM (GREEN CARD)

Table of Contents

US Immigration Attorneys - EB-5 Investor Visa Advice
Background and Guide - EB-5 Program
EB-5 Job Creation Requirements
Capital Investment Requirements - EB-5 Visa
Reauthorization of the EB-5 Immigration Regional Center Program, in March 2022
Reauthorization of EB-5 Regional Center Program - 24 June 2022
Benefits of EB-5 Program
Application Process - EB-5 Visa
EB-5 Investor Projects - 2022

US Immigration Attorneys - 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 Brisbane, Australia, Hong Kong, Singapore, London, UK and Lisbon, Portugal. In 2022, our US Attorney's can advise clients worldwide, with a fast and efficient Consultation by telephone, email or video call 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

Background and Guide - 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:

Direct 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.

Indirect jobs - 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 - EB-5 Visa

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 is currently $800,000 USD. Since 15 March 2022, the minimum investment in a Targeted Employment Area is $800,000 USD
Non-Designated Targeted Employment Area - For example, investment in a Project in a large metropolitan city like Los Angeles or New York. Since 15 March 2022, the minimum investment in a Non-Targeted Employment Area is $1.050,000 million USD
See VisaConnect's EB-5 Visa - PDF Brochure: EB-5 Immigrant Investor Program - in 2022

Reauthorization of the EB-5 Immigration Regional Center Program, as at 15 March 2022

On March 15, 2022, the President of the United States signed and approved the FY2022 Omnibus Appropriations Bill which includes updates to the EB-5 program. Therefore, the EB-5 Regional Center Program has now been authorized through to 2027. Outlined below are an overview of the included updates:

The EB-5 Regional Center Program will be renewed through FY2027 in legislation passed by the President on 15 March 2022. Note that the EB-5 Program had been expired since June 30, 2021.
The EB-5 Program will be renewed for 5-year periods there-after, through the effective date, which will be 60 days following the enactment.
Re-authorization protects Investors from future expirations of the EB-5 program and applies to Investors who file before September 30, 2026.
Updates the responsibility of determination of High Unemployment Areas (TEAs) to Homeland Security instead of individual State and other local Government authority.
The minimum investment amounts are now increased to $800,000 USD for TEA's from $500,000 USD and $1,050,000 in non-designated TEA areas.
EB-5 Visa set-asides have been updated with 32% priority within a fiscal year for specific projects with the following updated breakdown:

1. 20% will be set-aside for rural projects.

2. 10% will be set-aside for high unemployment areas.

3. 2% will be set-aside for infrastructure projects.

Grandfathering language has been included that ensures Investors can proceed with their cases regardless of sunset dates.
USCIS is now able to accept new Regional Center filings and will start to continue to adjudicate pending cases that were suspended after the program expired, in 2021.

Re-authorization of EB-5 Regional Center Program - 24 June 2022

On June 24, 2022, the U.S. District Court for the Northern District of California issued a preliminary injunction that fully reauthorized the EB-5 Regional Center Program. Therefore, regional centers, whose certification had previously been removed by United States Citizenship and Immigration Services (USCIS), can immediately resume operations and accept new investors. Investors in EB-5 regional center projects can file their I-526 petitions with USCIS, without further delay.

USCIS Now Accepts I-526 Petitions From Regional Center Investors

After nearly a year, foreign nationals can once again invest in a regional center-sponsored EB-5 project and file Form I-526, the first application in the EB-5 immigration process. Selecting a regional center-sponsored project offers investors several unique advantages:

More flexible criteria creating the 10 required jobs
Stricter regulations to ensure that funds are handled transparently
The ability to join a project along with other EB-5 investors

New investors in regional center projects are now eligible for two other benefits that were introduced in the EB-5 Reform and Integrity Act (RIA) of 2022:

Reserved EB-5 visas through High-Unemployment and Rural TEA Projects
Concurrent filing of Forms I-526 and I-485

Benefits of the EB-5 Investor Program

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 and 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.

Application Process - EB-5 Visa

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 national 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.

3. 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 Projects - 2022

To see our current EB-5 Projects, open for investment, in 2022, please click on the link below:

Coming Soon! New Project information to be published in July 2022!