EB-5 IMMIGRANT INVESTOR PROGRAM (GREEN CARD)
Table of Contents
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 2023, 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
- 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;
- Plan to create or preserve 10 permanent full-time jobs for qualified U.S.
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
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 - EB-5 Visa
The required Minimum
- 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
- See VisaConnect's EB-5 Visa - PDF Brochure: EB-5 Immigrant
Investor Visa - in 2023
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:
20% will be set-aside for rural projects.
10% will be set-aside for high unemployment areas.
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 ProgramThe 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
- 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
- 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
- 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 Projects - 2023
For information about our current EB-5 Projects, open for
investment, in January 2023:
- Contact Us by Telephone, Email or complete the Website Form for our current EB-5 Project Presentations, Pdf Brochures and Offering documents
Frequently Asked Questions - FAQ - EB-5 Immigrant Investor Programme
What is the EB-5 Investment amount, as at January 2023?
It is $800,000 USD, in a Targeted Employment Area (TEA), plus an Administration fee and Immigration Attorney fees.
What is the EB-5 Visa Process?
1. Invest and file an application for conditional green card (Form I-526E). 2. Upon I-526E approval, start the process for a consulate interview or adjustment of status. 3. Receipt of conditional green card. 4. File application for removal of conditions
(Form I-829). 5. Eligible for Return of capital. 6. Receipt of Permanent green card (US Permanent residence).
How many jobs does my $800,000 USD investment need to create?
The Investor needs to create 10 Jobs through your investment. The Regional Center Projects will create the jobs for you.
What are the advantages of EB-5 compared to other Visas?
A. No requirements for education, work experience, special technical abilities etc. B. Freedom to live and work anywhere you wish. C. Faster path to citizenship than H-1B or other visas
D. Easy to apply. E. $1,050,000 (or $800,000) investment for 5 years. F. You can get the money repaid.
Are my Source of Funds checked?
Yes. Immigration Attorney reviews documents for investor source of funds, Investor signs contracts, sends $800,000 investment to escrow account and
transfers administration fee to the General Partner.
Apart from the EB-5 capital Investment of $800,000 USD, what are the approximate additional costs, in USD?
- EB-5 Capital Investment - $800,000
- Administrative Fee - $60 - $80,000
- Attorney Fee (1st Stage) - $10 - $12,000
- Source of Funds Report - $8,000
- USCIS Processing Fee - $4,750
- Bank Wire Fee - $90
- Attorney fee (2nd Stage) - $3-4,000
- USCIS Consular Processing - $405
- USCIS Filing Fee – Age 14+ - $1,140
- USCIS Filing Fee - Under 14 - $750
- USCIS Processing Fee - $4,750
- USCIS Biometric Fee - $85
- Bank Wire Fee - $45
- Attorney fee (3rd Stage) - $3-4,000
- USCIS Fee - $3,750
- Biometric Fee - $85
- Bank Wire Fee - $45
What factors are important, when choosing a Regional Center Project?
1. Validated Track-record of previous EB-5 Projects - at least 10+ previous Projects. 2. 98% - 100% Approval on USCIS Adjudicated I-526 Petitions. 3. Experienced Team of EB-5, with over 50+ years of Real Estate development and investment. 4. Reputation of Credibility and Trust.
5. History of successful Repayment of EB-5 money back to investors. 6. Strong Collateral and Corporate Guarantees. 7. Favourable Construction Timeline. 8. Attractive Capital Stack.
9. Meets USCIS Requirements. 10. I-526 approval guaranteed or 100% of capital and fees are returned.