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How do EB-5 requirements vary for different countries?

My husband is Brazilian, but he also has a Spanish passport because his father was born in Spain. How much do we have to invest in the EB-5 program? I have heard that European citizens can invest $250,000 instead of $500,000. Are there different EB-5 requirements for different countries? Which country would be better to emigrate from?

Answers

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    I am aware that several countries have programs similar to the U.S. EB-5 program. This question/answer website is not an appropriate forum for an extensive comparison of those programs. The statue governing the EB-5 program provides that every immigrant investor must invest at least $1 million in capital in a new commercial enterprise that creates not fewer than ten jobs. There is no country distinction. An exception exists if the immigrant invests in a “Targeted Employment Area.” In such an area the requisite investment is reduced to $500,000. There are no different EB-5 requirements for different countries. Therefore, no emigrant has any advantage.

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    J Bruce Weinman

    Immigration Attorney
    Answered on

    That is not true. The criteria are the same for everyone, irrespective of what country they come from. An E-2 investor's visa never leads to permanent residence, but may be extended indefinitely; with an E-2, you can make a substantially smaller investment - even much less than $250,000. But an EB-5 requires at least a $500,000 investment.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The EB-5 law and regulations apply equally to all countries, so it does not matter where the EB-5 investor is from. There is another type of nonimmigrant visa, an E-2 investor visa, which may have different requirements depending upon the type of U.S. business investment. Certain countries (most EU countries) have bilateral investment treaties with the U.S. and other countries, like Brazil, China, Russia, to name a few, do not. EB-5 is not dependent upon the existence of such a treaty and the EB-5 law requirements are the same for everyone.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There are no differences in the investment requirements based on the country of origin. Again, to be very clear, there are no differences in the investment requirements based on the country of origin. The only time your country of origin will come into play is when you are applying for your conditional permanent residency (conditional green card), as there are country-specific limits on available visas. Only China is anticipated to have a delay in available visas in the future. Please consult with an immigration attorney to assist and guide you through the process, as there are a lot of rumors and misinformation out there.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The EB-5 requirements, especially the minimum investment amount, are the same for all EB-5 investors regardless of which country they are from. Your husband can apply for a temporary E-2 investment visa to direct his own business and quickly enter the United States. The investment requirement for the E-2 visa can be $250,000.

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    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    You might have confused the EB-5 green card with the E-2 Treaty Investor Visa. For the purpose of gaining the EB-5 investment green card, to apply from any one of the countries you listed - Brazil, Spain or the European Union - makes no difference at all and the required investment starts from $500,000. It is much different with the E-2 Treaty Investor Visa. Here, a Spanish passport means your husband can invest $250,000 (more or even less) in the United States and gain a two-year visa. Such a benefit is not available to Brazilian citizens, as Brazil has yet to sign up for such treaty program with the United States.

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    Sara Wang

    Immigration Attorney
    Answered on

    No, the amount of investment does not vary based on the nationality of the investors. If you are investing in a NCE in a non-TEA zone, then you will have to invest $1 million. If it is within a TEA zone, then it is $500,000. This is the same law that applies to all.

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    John J Downey

    Immigration Attorney
    Answered on

    The $500,000 is the same for all. Your citizenship will apply to your visa availability once your EB-5 application is accepted.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    For U.S. permanent residency, the EB-5 investment requirements are the same regardless of where you were born and regardless of your country of nationality. If the investment is in a Targeted Employment Area, it is $500,000, and otherwise, $1 million. Both must create 10 new jobs within two-plus years.

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    Ian E Scott

    Immigration Attorney
    Answered on

    The EB-5 investment amount is always either $500,000 or $1 million. The amount depends on whether or not the business is in a Troubled Economic Area (where the unemployment rate is 1.5 times the national average). Generally, your nationality does not play a role in this visa and perhaps you are thinking of an E-2 visa where different consulates may mandate different investment amounts.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The investment amount for the EB-5 program is actually $1 million, unless the business/project that will create jobs is located in a Targeted Employment Area. If in a TEA, then you could invest $500,000. There is no different or lesser amount requirement for European countries or any other exceptions applicable for different countries - the rule applies to everyone equally.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    $500,000 is the minimum for the green card - nationality is not important for you.

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    Matthew Kolodziej

    Immigration Attorney
    Answered on

    Country of origin makes no difference in the minimum investment required. $500,000 is the minimum investment, and Brazilian or Spanish nationalities would not make a difference in the EB-5 immigrant category.

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    Anthony Korda

    Immigration Attorney
    Answered on

    Although nationals of certain countries may qualify for visa categories not open to other nationals, for EB-5 purposes it does not matter if you are a national of Brazil or Spain and the minimum investment amount is the same for all EB-5 investors.

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    Robert Lee

    Immigration Attorney
    Answered on

    EB-5 requirements do not differ with different countries. The investment amount will have to be 500,000 if in a TEA or $1 million if not. Some Europeans hold citizenship with treaty countries that allow investors to qualify for an E-2 visa. The E-2 visa is similar to EB-5, but different in many respects. The requirement investment amount is lower, but the visa does not allow for immigrant intent. So if you want to obtain a green card through the investment enterprise you will still have to apply for an EB-5 and meet the requirements.

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    Enrique Gonzalez

    Immigration Attorney
    Answered on

    The minimum investment amount for the EB-5 program is $500,000. A person's country of citizenship/nationality is not relevant to the amount required to be invested for the EB-5 program. There is great confusion between the E-1/E-2 investor visas and the EB-5 program. The E-1/E-2 are temporary investor visas that are limited to persons who are citizens and/or nationals of countries with which the United States has a treaty of commerce and navigation. The U.S. has such a treaty with Spain, but does not have it with Brazil. Qualifying for an E-1/E-2 temporary visa can occur with an investment for much less than $500,000. In contrast, the EB-5 Program is an immigrant (permanent residence) visa and is open to all nationalities. However, no one can qualify for the EB-5 program with less than a $500,000 investment.

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