10 Important Facts about US EB-5 visa

With the EB-5 visa, foreign investors who wish to invest in the US have the chance to obtain a US Green Card through their investment, both for themselves and their families.

Investing in the US keeps your investment safe, while you create jobs for Americans. A win-win situation for all.

What is EB-5?

The EB-5 program, named after the employment-based fifth preference visa issued, gives foreign investors a way to apply for permanent residence (a “US Green Card”). The investor’s spouse and unmarried children under the age of 21 who are in his or her immediate family are also eligible to apply for US immigration.

Who can apply for the EB-5 visa?

A foreign investor must invest a specific amount in a US business and promise to create or keep 10 full-time permanent jobs for citizens of the US in order to qualify for permanent residency through the Immigrant Investor Program.

What are the top benefits of an EB-1 visa?

There are many benefits and advantages of getting an EB-5 visa for the US:

  • Easiest option to get US Green Cards for your family. 
  • No age limit.
  • No educational requirements. 
  • No language requirements.
  • Gain access to the US job market.

How to get EB-5 visa?

There are two different ways that your investment in the US can get you a Green Card. You can either – 

  1. Invest in a Regional Center, or
  2. Directly invest in your own business.

How much investment is required for EB-5?

The minimum investment amount is typically USD 1,800,000. An investment of $900,000 will be made in a TEA (targeted employment area). An area that is rural or where unemployment is high is referred to as a targeted employment area.

What is a commercial enterprise for EB-5?

For the purposes of establishing EB-5 eligibility, a commercial enterprise must mean any for-profit activity in the line of lawful business. This includes – 

  • Corporation, 
  • Holding company, 
  • Business trust, 
  • Joint venture, 
  • A sole proprietorship, 
  • Partnership, limited or general
  • Other entity (public or private). 

Non-commercial activity – such as owning and managing a private residence in the US – is not allowed on an EB-5 visa.

How can I get a US Green card through EB-5?

You and your dependents will receive US Green Cards if your EB-5 visa application is granted. Do not forget that EB-5 Green Cards are only conditional and have a two-year expiration period. You must demonstrate that the US company you are investing in will be able to hire the necessary number of employees in order to be granted an EB-5 visa. To maintain EB-5 eligibility, your company must complete that task within the allotted two years. .

After two years, assuming you can maintain your eligibility, you’ll get your US Green Card with unconditional permission to live there. You and your family may apply for citizenship in the US after five years of continuous residence here. .

What is an EB-5 Regional Center?

A regional center is a company that runs a business that creates jobs. You can avoid starting your own company in the US by choosing to invest in a regional center. Whether public, private, or a hybrid, a regional center can be of any of these types. The US Citizenship and Immigration Services (USCIS) is responsible for designating and approving EB-5 Regional Centers. .

What is the cost for EB-5?

The estimated costs for EB-5 visa for the US as per the individual stages are – 

Estimated costs for EB-5 investor visa for the US
STAGE IInvestment amount For Targeted Employment Area (TEA)$900,000
Minimum investment amount $1,800,000
USCIS Form I-526, Immigrant Petition by Alien Entrepreneur$3,675
STAGE II If applying from overseas – Form DS 260, Application for Immigrant Visa and Alien Registration$325
Use Form I-485, Application to Register Permanent Residence or Adjust Status, if you’re requesting a change of status from within the United States.$1,140 
Two-year conditional US Green Card granted to the investor and their family (spouse and children under the age of 21). .
STAGE IIIFiling Form I-829, Petition by Investor to Remove ConditionsTo be filed within 90-days of the completion of your second year in US on EB-5 status. $3,750
Given that the investment and other requirements have been properly met during the first two years of being a conditional permanent resident in the US, unconditional US Green Cards will be issued. .

What is the processing time for EB-5 in 2023?

Currently, the processing time for Form I-526 is from 47 months to 71 months. 

Best Regional Center

The best regional center operator for the US EB-5 Immigrant Investor Program is thought to be EB5 Affiliate Network. Over 20 US states and Washington, DC are home to 15 regional centers owned and run by EB5AN. 600 regional centers have received USCIS approval. A regional center might be active in multiple US states. USCIS updates the list sporadically. .

The USCIS in no way endorses the operations of the regional center just because an EB-5 regional center application was approved. Potential investors should consult professionals before making any investment decisions, according to USCIS. “.

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