US EB-5 Investor Visa program, offers a pathway for investors.
EB-5 and Investment Requirements
First off, citizenship by investment is not offered by the EB-5 programme. There is a route to citizenship, though. Established in 1990, the EB-5 immigrant investor programme permits affluent persons to lawfully dwell in the United States upon their investment in a project that has been approved, typically a commercial venture. The EB-5 Regional Centre Programme was established by Congress in 1992 with the goal of streamlining the investment process, drawing in additional capital, and promoting economic expansion.
A successful EB-5 visa applicant is given a path towards getting a green card, or permanent residency status in the US, rather than a limited residence visa in and of itself.
- 10,000 visas may be granted annually under the programme;
- EB-5 capital investment into a US commercial firm must have a minimum investment of $800,000;
- investment must result in the creation of at least ten jobs for US residents.
EB-5 Immigrant Investor Requirements
Before being eligible, the investor must fulfil a few more EB5 visa conditions. Due to the lengthy process and the potential for application errors to cause additional delays, GRI advises candidates to seek the assistance of an EB5 lawyer.
In order to be eligible for an EB-5 visa, investors need to fulfil certain financial conditions. Financial institutions and insurance businesses that are accredited foreign investors automatically satisfy the requirements. Because there is considerable unemployment in urban areas and low unemployment in rural areas, different minimum capital investment levels apply to different EB-5 investment projects.
By the Numbers for the EB-5 Visa Requirements
One of the prerequisites for an EB-5 visa is that qualified foreign investors must have a minimum net worth of $1,000,000 or a minimum yearly income of $200,000 for the previous two years. For all projects, the minimum investment is $1,050,000; however, an EB5 investment of $800,000 is needed for projects in targeted employment areas (TEAs) or infrastructure projects run by government agencies.
Documentation proving the money utilised for the investment in a business venture came from legitimate sources is required of investors. Salary from work, business earnings, inheritance, presents from loved ones, real estate sales revenues, and other respectable sources are examples of acceptable sources.
EB-5 Processing Times
In order to prevent delays, investors must have the money set aside before starting the application process to cover processing, legal, and other administrative costs. This is one of the EB-5 investment requirements. For immigrant investors to be granted permanent resident status, their record must be spotless. In order to ascertain the investor’s eligibility for US residency, background checks will look at their financial situation, political activity, and criminal record.
The EB-5 application procedure can take a while to complete. Every year, thousands of people apply for EB5, and it takes time to evaluate each one of them separately. It usually takes two years to become a conditional permanent resident, and a further two years are needed to remove the conditions. Due to backlogs in US immigration, there may be extended wait times; applicants may have to wait up to three years.
The EB-5 Immigrant Investor Process
We advise getting in touch with one of our EB-5 programme specialists as a preliminary step so they can obtain important information from you. Following the complimentary consultation, you will be required to fill out a suitability questionnaire and submit documentation of your accreditation status, which may consist of financial statements and income verification for the previous two years.
The next step is to choose an EB-5 investment project from the available possibilities once we have decided that the EB-5 programme is right for you. For the purpose of reviewing and discussing any inquiries on investment projects and employment prospects, our EB-5 attorney will make project documents available.
EB-Regional Centers
Once a project has been chosen, you have to commit to funding it by signing the required papers. The $800,000 EB-5 investment must be transferred to a $1,050,000 escrow account. The transfer guarantees that, after your application has been approved, the investment funds will be available when needed.
Our attorneys make sure applicants follow the law and send in their paperwork on time and accurately in order to shorten the EB-5 processing period. Throughout this process, the EB-5 attorneys offer you insightful counsel and help to ensure that everything is up to par.
Lastly, you need to use the EB-5 attorney to finish and submit your EB-5 application. The EB-5 processing time can be shortened with the correct assistance and direction, even if this application might be lengthy and complicated.
EB-5 Forms and Submissions
Three distinct applications are being considered for approval of the investment projects under EB-5. Since every application is subject to a review procedure, the processing period for an EB-5 visa may vary from several months to two years.
The following are included in the costs of forms and submissions:
- Application for Registration of Permanent Residence or Adjustment of Status (Form I-485);
- Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (Form I-829);
- Immigration Application by Regional Centre Investor (Form I-526E).
Form submissions proceed in the order listed above for the investment procedure, with corresponding expenses for each step. The costs associated with each application and residency stage are broken out as follows:
First stage: Filing Form I-526E
- Initial application fees (paid to USCIS) of $3,675 and $1,000 for the EB-5 integrity fund;
- Initial investment capital total amount (for TEA or infrastructure projects) of $800,000 or $1,050,000; and
Attorney fees, report writing costs, and money transfer costs are possible additional expenses at this point.
Second stage: Filing Form I-485 (can be filed concurrently with Form I-526E)
- The USCIS filing fee (per family member over age 14) is $1,140.
- The USCIS filing fee (per family member under 14) is $750.
- USCIS processing fee is $490. and Legal fees and referral fees.
Third stage: Filing Form I-829
- USCIS processing fee is $3,750.
- Legal fees, processing fees, and transfer fees.
EB-5 Investment Projects and Regional Centers Around the US
Investors must invest in an approved EB-5 regional center. There are many different types of EB-5 regional center programs, each with unique projects. Regional centers are private or public economic entities designated by the United States Citizenship and Immigration Services (USCIS) to promote economic growth through job creation in specific geographic regions of the United States.
ccording to USCIS, the location of an EB-5 investment project may be considered an Eligible Employment Area (TEA). TEA reduces his EB-5 direct investment amount to $800,000. A local TEA can have a population of up to 20,000 people, be located within a metropolitan statistical area (MSA), or be adjacent to a municipality with a population of 20,000 or more.
TEA metropolitan areas are areas with high unemployment rates within the boundaries of metropolitan statistical areas (MSAs) as defined by the Office of Management and Budget (OMB). The available projects are constantly changing and offer a variety of investment opportunities.
Types of EB-5 Investment Projects
Regional centers typically promote a variety of investment opportunities that meet the requirements of the EB-5 Immigrant Investor Program, including creating or maintaining at least 10 full-time jobs for U.S. workers. Examples of investments that EB-5 investors can make through regional centers include:
- Real estate development: new commercial and residential projects or renovations. Infrastructure projects: These may include the development of airports, ports, highways, and bridges.
- Energy projects: Development of renewable energy sources such as solar, wind, and hydropower in addition to traditional energy sources.
- Production project: construction of a factory or expansion of an existing production facility.
- Agricultural projects: Investments in the development of agricultural businesses or expansion of existing farms.
Pathway to a US Green Card and US Citizenship
Investors who successfully apply for an EB-5 investment project have a clear path to becoming a U.S. green card holder. There are special background checks for financing, and investments must come from legitimate sources rather than borrowed money. Investors can obtain this type of immigrant visa using cash or cash equivalents such as certificates of deposit or government bonds. If the applicant meets all conditions, an EB-5 immigrant visa holder will be eligible to apply for a U.S. green card after two years. Green card investment holders can now work toward obtaining U.S. citizenship.
Although this program is not a direct U.S. citizenship by investment program, the EB-5 is much easier than other residency routes to citizenship. Investors and their families can apply for US citizenship after being a permanent resident (holding an investment green card) for five years.
Closing Thoughts on the EB-5
Additional golden visa and investment residency opportunities may emerge for investors. Greek and Spanish golden visas are popular in Europe, and Caribbean and Turkish citizenship programs allow investors to obtain second citizenship and passports within months.
We understand that each client has unique needs and goals, and we take the time to understand their priorities before developing a customized strategy that aligns with their goals. Our commitment to excellence and attention to detail ensures that our clients receive the best possible service and support throughout their investment transition journey.
Contact us today to schedule a consultation and find out how we can help you achieve your Kabdi e Solutions goals.
FAQs
What is EB-5 Immigrant Investor Residence?
A US resident status known as EB-5 immigrant investor residence is obtained through a qualifying investment in a US business. It makes it possible for the investor and their close relatives to get an immigrant visa, allowing them to live, work, and study in the country and maybe obtaining a Green Card and US citizenship in the process.
What is the minimum EB-5 investment amount?
For TEAs, the minimum EB-5 investment is $800,000; for non-TEA projects, it is $1,050,000. There are other costs to take into account for legal services, form filings, and the actual visa application.
Is the program a US citizenship by investment?
No, the EB-5 programme grants you the right to live legally in the US. Following two years of residency, maintaining the investment, and generating ten employment, investors and their family members are eligible to apply for a US Green Card. Candidates may submit an application up to 90 days before to their two-year US residency.
Where can I make my investment?
Applicants can invest in projects that have been approved through specific EB-5 investment programmes. The investor needs to use an EB-5 Regional Centre to finish the deal.
What is the EB-5 processing time for investors?
Upon filing the I-526 Immigrant petition, investors will have to wait between two and three years for their application to be approved. But by funding a Rural TEA project, investors can shorten the time it takes to process their EB-5 application.
Can I make a return on my investment?
Indeed, there is no contribution component to the EB-5 programme; it is an actual investment. How successfully the project, business, or development performs will determine its success. Investors have the option to actively participate in their initiatives. It is all up to the candidate.
Is an EB-5 lawyer necessary to be successful?
Investors are permitted to submit their applications without an EB-5 attorney’s help. A significant amount of capital, processing, and documentation are needed. A GRI-qualified EB-5 attorney will guide you through the entire procedure.
