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EB-5 Investor Green Card (Regional Center)

EB-5 IMMIGRANT INVESTOR PROGRAM: INTRODUCTION

The EB-5 Immigrant Investor Program is the employment-based fifth preference visa that provides a pathway to a Green Card (lawful permanent residence) for foreign investors, as well as their spouses and unmarried children under 21. To qualify, individuals must: (1) make a required capital investment in a U.S. commercial enterprise and (2) plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

Administered by U.S. Citizenship and Immigration Services (USCIS), the EB-5 program includes EB-5 regional centers that are designated to facilitate investments. Entities seeking regional center designation must file Form I-956, Application for Regional Center Designation. According to USCIS, an EB-5 regional center is defined as "an economic unit, public or private, in the United States involved with promoting economic growth."

Foreign investors must invest a minimum of $800,000 in a rural area or a high-unemployment area, or $1,050,000 in other locations, in a project that meets the program’s criteria. Investors must also demonstrate that the funds come from lawful sources. The investment must be directed towards a new commercial enterprise in the U.S., and the project must lead to the creation of 10 full-time U.S. jobs.

In their immigrant petition, investors need to provide evidence that: (1) the new business has obtained or is in the process of obtaining the required capital investment, (2) the funds are from lawful sources, (3) the project will create at least 10 full-time jobs for qualified workers, and (4) the investor is managing or will manage the new business in the near future.

EB-5 IMMIGRANT INVESTOR PROGRAM

The EB-5 visa, introduced under the Immigration Act of 1990, offers a pathway to permanent residency in the United States for immigrant investors, as well as their spouses and unmarried children under 21.

To qualify for the EB-5 visa, individuals must invest either $1,050,000 in a "Non-Targeted Employment Area" or at least $800,000 in a "Targeted Employment Area" or a Regional Center. In addition to the investment, investors must create ten full-time jobs for U.S. workers, either directly or indirectly. Applicants must provide evidence that the investment funds were legally obtained, which can include documentation of business earnings, salaries, investments, property sales, inheritance, gifts, loans, or other lawful sources.

Once the application is approved, the applicant and their dependents must undergo background checks, including police, medical, security, and immigration history checks. They will then attend a visa interview at a U.S. Consulate abroad to ensure that all requirements for conditional permanent residence are fulfilled.

EB-5 Project Located In  Investment Amount
Targeted Employment Area (TEA) $800,000
Non-Targeted Employment Area (Non-TEA) $1,050,000
Regional Center $800,000

What is an EB-5 Visa?

The EB-5 Visa, created under the Immigration Act of 1990, is a visa category for immigrant investors seeking to obtain permanent residency in the United States. It offers one of the quickest routes to permanent residency, bypassing the need for marriage to a U.S. citizen.

Qualifications for EB-5 Visa: To be eligible for an EB-5 visa, individuals must meet the following criteria:

  • Make an investment of $1.8 million in a Non-Targeted Employment Area or $900,000 in a Targeted Employment Area or through a Regional Center.
  • Create or preserve at least ten full-time jobs for U.S. workers within the United States for a minimum of two years.
  • Demonstrate that the funds used for the EB-5 petition were obtained lawfully.
  • Provide evidence that the investments were acquired through legitimate means, such as business income, salaries, investments, property sales, inheritance, gifts, loans, or other lawful sources of revenue.
  • Establish a lawful business entity in the United States and actively participate in the business.

Benefits of an EB-5 Visa:

  • Fastest method of obtaining a Green Card without marrying a U.S. citizen.
  • Dependents can also obtain a Green Card.

Requirements for an EB-5 Visa:To apply for an EB-5 Visa, the following documentation needs to be submitted:

  • Documentation specifying the geographic region in the U.S. where the Regional Center will focus its investments.
  • Evidence demonstrating how jobs will be created directly or indirectly as a result of the investment.
  • Detailed information about the amount and source of capital being invested.
  • A comprehensive business plan showcasing the positive impact the business will have on the regional or federal economy.

Annual Limit on EB-5 Visas:Yes, there is an annual cap of 10,000 investor Green Cards. If the number of applications exceeds this limit in a given year or if there is a high volume of applicants from a particular country, applicants may be placed on a waiting list. Approximately 3,000 of the annual EB-5 visas are reserved for investments in Targeted Employment Areas (TEAs).


After Obtaining a Green Card through the EB-5 Visa:

  • USCIS typically grants a two-year conditional permanent residence.
  • File Form I-829, Petition by Entrepreneur to Remove Conditions.
  • Demonstrate that funds haven't been withdrawn and ten jobs have been created.
  • Upon approval of Form I-829, receive a permanent Green Card valid for the next ten years.

Becoming a U.S. Citizen as an EB-5 Visa Holder:

  • Eligible after completing five years of continuous permanent residence in the U.S.
  • Submit Form N-400, Application for Naturalization.
  • Attend an interview and participate in an Oath Ceremony for U.S. Citizenship.

The Regional Center Program:

  • Offers an alternative pathway to obtaining the EB-5 visa.
  • Regional Centers are government-approved entities sponsoring projects that create ten jobs per investor.
  • Requires approval and designation from USCIS.
  • Investors may recoup funds after maintaining the investment for two years and meeting residency requirements.
  • Ideal for those preferring a more passive role; direct investment models suit those wanting active involvement.

Qualified Immigrants:

  • Multiple individuals can collaborate for an EB-5 investment.
  • A single new commercial enterprise can have multiple investors if each meets investment and job creation requirements.

Buying an Existing Business:

  • Restructuring an existing business qualifies for EB-5 if it creates ten or more new jobs.
  • Emphasis on generating employment opportunities for U.S. workers.

Investment or Active Capital Process:

  • Capital includes cash, equivalents, equipment, inventory, and tangible property.
  • Loans from petitioner or others aren't considered capital.

Benefitting the U.S. Economy:

  • Investment should contribute to the U.S. economy.
  • The enterprise must provide goods or services to U.S. markets, complying with federal regulations.

Designation of High Unemployment Area:

  • State government designates high unemployment area with 150% or more of the national average.
  • Supporting evidence required for designation.

Creating or Saving Jobs:

  • EB-5 investment must create full-time employment for at least ten U.S. citizens, permanent residents, or authorized immigrants.
  • Investor's family members cannot be counted toward the employment requirement.

Troubled Businesses:

  • Troubled business must exist for at least two years.
  • Loss during the period must be at least 20% of net worth before the loss.
  • Job requirements involve preserving existing jobs and potentially hiring additional employees.

EB-5 Regional Center Program: The EB-5 Regional Center Program has been formally renewed through September 30, 2027. Foreign nationals can engage in EB-5 regional center projects and file Form I-526. A specific allocation of EB-5 visas is reserved for those investing in targeted employment areas (TEAs) and public infrastructure projects. These visas are distributed among TEAs that are either rural, face high unemployment rates, or are involved in infrastructure development.


Adjustment of Immigration Status: For EB-5 investors already living in the U.S. under non-immigrant visas, Form I-485 is used to adjust their status to immigrant status after making their EB-5 investment. By filing both Forms I-526 and I-485 simultaneously, investors can live, work, and study in the U.S. while waiting for their EB-5 visas to be issued.

EB-5 Regional Center Program Reauthorized

U.S. District Court Reauthorization: On June 24, 2022, the U.S. District Court for the Northern District of California officially reauthorized the EB-5 Regional Center Program. Regional centers that had previously had their USCIS certifications revoked are now allowed to resume their operations and welcome new investors. This reauthorization extends the program through September 30, 2027, and includes provisions to grandfather petitions submitted by September 30, 2026, ensuring their processing even if the program experiences future interruptions.

EB-5 Regional Center Program Details: Foreign nationals can participate in EB-5 regional center projects by initiating the process with Form I-526. The EB-5 Reform and Integrity Act (RIA) of 2022 introduces significant updates, including the reservation of EB-5 visas and the option to file Forms I-526 and I-485 simultaneously. The RIA specifies that 32% of EB-5 visas each fiscal year must be allocated to investors in targeted employment areas (TEAs) and public infrastructure projects. Of this allocation, 20% goes to rural TEAs, 10% to high-unemployment TEAs, and 2% to infrastructure projects.

Visa Allocation and Country Limits: Countries are restricted to a maximum of 7% of the total visa supply each fiscal year. However, investors in the reserved visa categories become eligible for a visa once their Form I-526 is approved, regardless of whether their home country has reached its annual visa limit.

Adjustment of Status for EB-5 Applicants: EB-5 investors who are already in the U.S. under non-immigrant visas such as H-1B, F-1, E-2, T-N, or L-1 can use Form I-485 to adjust their status to immigrant status after making their EB-5 investment. By filing Forms I-526 and I-485 at the same time, investors can live, work, and study in the U.S. while awaiting their EB-5 visas.

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