EB-5 Visa Basics: Topics for Investors, Developers, and Professionals

This EB-5 Visa comprehensive guide provides a detailed index of essential topics for investors, developers, and immigration professionals. Featuring an easy-to-navigate table of links, it offers quick access to resources on investment opportunities, legal guidance, and expert insights. Whether you’re planning your first EB-5 investment or need in-depth knowledge to support your clients, this guide equips you with the tools to navigate every step of the EB-5 process with confidence.

EB-5 Program Overview

What is the EB-5 Visa Program?

The EB-5 Immigrant Investor Program offers foreign nationals and their families a direct route to U.S. permanent residency (a green card) by investing in a U.S. business that creates jobs. Managed by USCIS, this program is ideal for entrepreneurs and investors seeking long-term opportunities in the United States.

When Was the EB-5 Visa Program Created and Why?

EB-5 Started in 1990:
Congress created the EB-5 visa program to boost the U.S. economy through foreign investment.

EB-5 Regional Centers (1992):
USCIS introduced EB-5 Regional Centers to attract more investors through a pilot program.

EB-5 Ongoing Reforms:
Congress and USCIS have made updates to prevent fraud, speed up EB-5 applications, and improve oversight.

What Are the Main Requirements to Apply for the EB-5 Visa?

Invest $1,050,000 or $800,000 based on the Project’s Location.

• Job Creation: The investment must generate 10 full-time jobs for U.S. workers, sustained for at least two years.
• Eligible Business: Funds must go into approved commercial enterprises that operate for profit.
• Regional Centers Option: Applicants can invest through Regional Centers, which handle and support EB-5 projects.

Steps to Apply for an EB-5 Visa (Updated for 2024)

1. Select a Business or Regional Center:
   Choose a U.S. business or a USCIS-approved Regional Center for your investment.
2. Make the Investment & File Form I-526E:
   Invest $1,050,000 or $800,000 (if in a Targeted Employment Area) and submit the I-526E form to USCIS.
3. Obtain Conditional Residency:
   • If inside the U.S.: File Form I-485 (Adjustment of Status).
   • If outside the U.S.: File Form DS-260 (Consular Processing).
     Once approved, you get a two-year conditional green card.
4. File I-829 to Remove Conditions:
   After two years, submit Form I-829 to prove job creation. Upon approval, receive a 10-year green card (unconditional permanent residency).

Role of EB-5 Regional Centers in the Investment Process

Two EB-5 Investment Options:

• Direct Investment: Investors find and manage their own project with a hands-on role.
• Regional Center Investment: Investors participate in USCIS-designated projects managed by Regional Centers

Advantages of Regional Centers:

• Flexible Job Creation: Allows indirect job creation, not just direct hires.
• Pooled Investments: Multiple investors can fund larger projects together.
• Less Direct Involvement: Regional Centers handle project management and compliance, easing the burden on investors.

Permanent Residency Benefits:

• Green Card for Investor and Family: Spouse and unmarried children under 21 can also receive permanent residency.
• Freedom to Live and Work Anywhere: No employer sponsorship or work visa required.
• Travel Flexibility: Permanent residents can travel abroad without needing a visa to return to the U.S.

Can an EB-5 Visa lead to U.S. citizenship?

EB-5 investors have the opportunity to become United States citizens after they complete the EB-5 program. To qualify to become a U.S. citizen, the EB-5 visa holders must first be permanent residents for at least five years. Then the EB-5 visa holder can go through the naturalization process which enables them to become United States citizens. U.S. citizens enjoy even more rights over permanent residents. Citizens are granted voting rights that enable them to participate in federal, state, and local public elections. Sponsoring foreign family members is also easier for U.S. citizens. Citizens also become eligible for certain government benefit programs.