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Overview of the EB-5 Immigrant Investor Program

The EB-5 Immigrant Investor Program, established by the U.S. government in 1990, provides a pathway for foreign nationals to obtain U.S. permanent residency (a Green Card) through investment in the U.S. economy. The program aims to stimulate economic growth by attracting foreign capital and creating jobs for U.S. workers.

Key Benefits for Investors

Permanent Residency:
Successful applicants receive Green Cards, allowing them, their spouses, and unmarried children under 21 to live, work, and retire anywhere in the United States permanently. It also offers a potential pathway to U.S. citizenship.

Family Inclusion:
A single investment can qualify the principal investor, their spouse, and unmarried children under 21 for Green Cards.

Education Access:
Green Card holders are eligible for in-state tuition rates at U.S. public schools and universities and may qualify for federal education aid.

Flexibility and Freedom:
Residents can travel freely in and out of the U.S., change jobs without needing new visa sponsorship, and enjoy the stability of permanent residency.

Healthcare Access:
Green Card holders have access to the U.S. healthcare system on par with citizens.

Passive Investment Option:
Investments, particularly those made through Regional Centers, are often managed by third parties, allowing investors to focus on their immigration process rather than day-to-day business operations.

Accessibility:
No specific English language proficiency or prior business management experience is required to qualify for the EB-5 program. Concurrent Filing: Eligible applicants already lawfully present in the U.S. on a non-immigrant visa may be able to file their Green Card application concurrently with the EB-5 petition and receive work and travel authorization while the petition is pending.

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What Investors Need to Know

Investment Requirements

Understanding the financial and legal commitments of the EB-5 program is essential for making an informed decision. Below is a breakdown of the key criteria investors must meet to participate in this opportunity.

Investment Amount

Following the EB-5 Reform and Integrity Act (RIA) of March 2022, the minimum investment is $800,000 for projects in Targeted Employment Areas (TEAs – rural areas or areas with high unemployment) or infrastructure projects. For projects outside these designations, the minimum investment is $1,050,000.

Qualifying Business

The investment must be made in a new commercial enterprise within the United States. Many investors choose to invest through USCIS-designated Regional Centers, which pool funds for larger projects.

Job Creation

The investment must lead to the creation of at least ten full-time jobs for qualifying U.S. workers. This is typically verified during the final stage of the process.

Lawful Source of Funds

Investors must provide comprehensive documentation proving that the investment capital was obtained through lawful means. This “source and path of funds” documentation is critical and often requires assistance from experienced immigration attorneys.

Investment Amount

Following the EB-5 Reform and Integrity Act (RIA) of March 2022, the minimum investment is $800,000 for projects in Targeted Employment Areas (TEAs – rural areas or areas with high unemployment) or infrastructure projects. For projects outside these designations, the minimum investment is $1,050,000.

Qualifying Business

The investment must be made in a new commercial enterprise within the United States. Many investors choose to invest through USCIS-designated Regional Centers, which pool funds for larger projects.

Job Creation

The investment must lead to the creation of at least ten full-time jobs for qualifying U.S. workers. This is typically verified during the final stage of the process.

Lawful Source of Funds

Investors must provide comprehensive documentation proving that the investment capital was obtained through lawful means. This “source and path of funds” documentation is critical and often requires assistance from experienced immigration attorneys.

Your Path to U.S. Residency

Application Process

The EB-5 immigration process unfolds in several key stages, each designed to ensure compliance, investment sustainability, and job creation. Below is a breakdown of the milestones investors navigate on their path to permanent U.S. residency.

I-526E Petition (Immigrant Petition by Regional Center Investor)

This is the initial application filed with U.S. Citizenship and Immigration Services (USCIS). It includes detailed documentation about the investor’s eligibility, the investment project, and, crucially, the lawful source and path of the investment funds. Note: Investors making direct investments not through a regional center file Form I-526.

Conditional Permanent Residency

Upon approval of the I-526E petition, the investor and qualifying family members receive conditional Green Cards valid for two years.

I-829 Petition (Petition by Investor to Remove Conditions on Permanent Resident Status)

Within the 90-day period before the conditional Green Card expires, the investor must file Form I-829 with USCIS. This petition demonstrates that the full investment amount was sustained and that the required ten jobs were created.

Permanent Residency

Approval of the I-829 petition removes the conditions on residency, granting the investor and their family permanent Green Cards.

I-526E Petition (Immigrant Petition by Regional Center Investor)

This is the initial application filed with U.S. Citizenship and Immigration Services (USCIS). It includes detailed documentation about the investor’s eligibility, the investment project, and, crucially, the lawful source and path of the investment funds. Note: Investors making direct investments not through a regional center file Form I-526.

Conditional Permanent Residency

Upon approval of the I-526E petition, the investor and qualifying family members receive conditional Green Cards valid for two years.

I-829 Petition (Petition by Investor to Remove Conditions on Permanent Resident Status)

Within the 90-day period before the conditional Green Card expires, the investor must file Form I-829 with USCIS. This petition demonstrates that the full investment amount was sustained and that the required ten jobs were created.

Permanent Residency

Approval of the I-829 petition removes the conditions on residency, granting the investor and their family permanent Green Cards.

Important Considerations

Source of Funds: Failure to adequately document the lawful source of investment funds is a common reason for I-526E petition denial.

Taxation: U.S. Green Card holders are generally taxed like U.S. citizens, meaning their worldwide income is subject to U.S. federal income tax from the date they become residents.

Timeline: It is crucial to file the I-829 petition within the correct 90-day window before the conditional Green Card expires to maintain lawful status.

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