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
EB-5 Modernization Rules
Benefits of EB-5 Program
Application Process - EB-5 Visa
Behring Regional Center LLC v. Wolf - EB-5 Modernization final Rule is Vacated
EB-5 Investor Projects - 2021

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 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)!

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 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 08 October 2021: EB-5 Immigrant Investor Program in 2021

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.

Benefitsof EB-5 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 & 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 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.

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.

Behring Regional Center LLC v. Wolf - EB-5 Modernization final Rule is Vacated

On 22 June 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization Final Rule. While USCIS considers this decision, the USCIS will apply the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019, including:

No priority date retention based on an approved Form I-526;
The required standard minimum investment amount of $1 million and the minimum investment amount for investment in a Targeted Employment Area (TEA) of $500,000;
Permitting state designations of high unemployment TEAs; and
Prior USCIS procedures for the removal of conditions on permanent residence.

Therefore, the USCIS are applying the regulations in effect prior to 21 November 2019 and in the USCIS Policy Manual. In addition, the USCIS again will accept the April 15, 2019, version of Form I-526, Immigrant Petition by Alien Entrepreneur, because the Nov. 21, 2019, version of the form reflects updates from the now-vacated rule.

EB-5 Investor Projects - 2021

To see our current EB-5 Projects, open for investment, in 2021, please click on the link below:

Jefferson Terminal, Texas - EB-5 Project