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 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
- 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 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:
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.
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 - 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 May 2022!