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What is Eb-5

A UNIQUE EB5 INVESTMENT OPPORTUNITY

EB-5 Visa Benefits

  • EB-5 Visa provides many benefits to Foreign Investors looking to immigrate to the US.

  • Green Card for Main Applicant, Spouse, and Children Under 21 at the time of application

  • Path to US Citizenship

  • Ability to Work, Travel, and Live anywhere in the United States

  • Ability to Enter and Exit the United States as a Permanent Resident

  • Ability to Start a Business in the US without Immigration Restrictions on the Enterprise

  • Children of Investors may study in US Public School System

  • No Language or Professional Experience Requirements

  • Depending on the immigrant’s country of birth, the EB-5 may be the fastest way to get a Green Card in comparison to other paths like the EB-2/3

EB-5 Visa Benefits

The US government requires EB-5 investments to comply with strict guidelines to promote job creation. The minimum qualifying investment threshold varies depending on the location of the business or project. If an EB-5 project is in a Targeted Employment Area (“TEA”) the qualifying investment amount is $800,000. Outside of a TEA, investors must contribute $1,050,000 to obtain a Green Card.

EB-5 Visa Investment Amount

  • Project located in Targeted Employment Area (TEA) EB-5 Investment Amount

Invested into

  • US Commercial Enterprise

Amount*

  • $800,000

OR

EB-5 Visa Investment Amount

  • Project located in Non-Targeted Employment Area (Non-TEA) EB-5 Investment Amount

Invested into

  • US Commercial Enterprise

Amount*

  • $1,050,000

AND

EB-5 Visa Typical Costs

  • ADMIN FEES
  • LEGAL FEES
  • PROCESSING FEES

Paid to

  • Investment Issuer (Regional Center)
  • Immigration attorney
  • USCIS

Amount*

  • Project Variable
  • TBA
  • To be determined by USCIS

*Depending on EB-5 project

The investment is required to be an “At-Risk” Investment in a US commercial enterprise. There can be no guarantee on the return of investment to the investor as it would disqualify them from obtaining a permanent Green Card. This does not mean that the EB-5 investment must be unnecessarily risky. Risk can be mitigated in a multitude of ways by the deal structuring of the EB-5 Investment Offering.


One EB-5 investment allows the main applicant, their spouse, and any unwed children under 21 to obtain permanent Green Cards. The investor does not receive any immediate immigration benefits after applying and they may have to wait more than a year before the I-526E application is approved. Only after I-526E approval will they be allowed to immigrate to the United States. Applying for EB-5 does not affect other ongoing forms of US legal status e.g., H1-B, F-1, B-1, etc. The first EB-5 immigration benefit comes in one of two ways:



1) A Conditional Green Card received approximately one to three years from the moment of application (application means filing an I-526E petition).


2) An Employment Authorization Document (EAD) and Advanced Parole Travel Permit that can be obtained within months of application if the investor has a current US student/work visa and concurrently files an I-485 change of status along with their I-526E petition.



This timeline varies and may be shorter or longer, and will depend on factors such as your country of birth and current visa status in the United States. You may also benefit from a faster processing depending on which EB5 United project you invest in. The recently passed EB-5 legislation states that USCIS needs to process petitions within 60-240 days, and if this is accomplished then the time to obtain a Green Card should remain closer to one year.

EB-5 Visa Process & Timeline

Understand what EB-5 is and its TimelineStart by doing your research into the EB-5 process. This immigration by investment program is not the same as other ‘golden visa’ programs offered by other countries as it requires a strict initial source of funds review and eventually proof of job creation. The investment process takes approximately 3 to 7 years, each EB-5 project will have a separate loan term and payback structure.

Does EB-5 work for me? EB-5 requires you to make a minimum investment of $800,000. If you are on an existing non-immigrant visa in the US right now, you need to decide if the benefits of obtaining a Green Card are greater than renewing your non-immigrant visa every three years. There is also an additional benefit to those foreign nationals who have an existing nonimmigrant visa like a F-1, H-1B or L1A visa, and are in the US at the time of filing of EB-5 petition, as they are entitled to concurrent filing for adjustment of status and hence more expedient receipt of EAD Work Authorization (average 3-4 months).

My Source of Funds?One of the most important aspects of the program is to demonstrate where the money you’re investing is coming from. Whether it’s your earnings, assets, or even gifts/loans from friends and family, you will need to prove and show documentation for all sources of money in the investment and fees. The entire investment amount and all fees must be accounted for and wired into the project before your immigration petition is filed. If you don’t have all the funds required to invest today, we still encourage you to conduct your research and arrange a consultation with EB5 United. We understand that the EB-5 investment is a long-term life decision for individuals and families, we are happy to answer any questions as you plan for you and your family’s future.

Make your decision After taking all facts into consideration, base your decision on whether or not the EB-5 program is right for you. EB5 United is happy to refer you to an experienced immigration attorney best fit to handle your petition.

Engage an Immigration Attorney and start your Source of Funds process The first step in your EB-5 process will be to have an attorney assess your source of funds. Once engaged, your attorney will begin by obtaining your basic info, travel history, and the required documentation for your source of funds. If your funds are not all liquid the attorney will guide you in mobilizing your funds. The attorney also will outline what documentation you will need to provide for each source, which can include a gift, loan against property, sale of assets, income, and more. You will need to provide multiple documents at this stage and the entire process can take a few weeks to a few months depending on how quickly you can provide the required documentation.

Identify a project that meets your objectives
Complete your due diligence on the project that best meets your immigration and investment goals. We recommend setting up a Zoom call with one of our professionals at EB5 United to review the project options we have available. Your immigration attorney cannot recommend projects to you, but you can ask them to do their due diligence on the immigration aspect of the project of your choice.

Sign documents and send Funds to Escrow
After your immigration attorney has collected all the required documentation and completed your source of funds they will give you the go ahead to send your investment capital to the project escrow account. Once you sign the signature packet and wire the funds, we will countersign the documents and issue a wire transfer receipt reflecting the full amount and admin fees were wired to us. This is the final documentation your attorney needs to file before your I-526E Petition.

Submit your I-526E petition
Once your attorney has collected all the required documentation for your source of funds, the wire transfer receipts, and the counter signed documents from EB5 United they will be able to submit your I-526E petition to the USCIS. The I-526E Immigrant Petition by Alien Entrepreneur consists of: 1) Proof of how the investor earned all the funds utilized in the EB-5 investment and 2) How the funds will be spent to create the 10 jobs required to give the investor and their family members the immigration benefits, which will be provided by EB5 United. Approximately 10-days after submitting you will receive an I-797C receipt notice from the USCIS stating that they received your petition (this timeline can vary). The receipt notice will include the date they received your petition and that will be your official “Priority Date”. At this point of time, if you are in the United States on a Non-Immigrant visa your attorney may also advise you to file for Adjustment of Status, which will allow you to receive an EAD Work Authorization and Advanced Parole Travel Permit prior to the approval of your petition.

Wait for USCIS to approve your I-526E petition This process varies in time and cannot be controlled. This wait time can be dependent on the project you subscribe to, and the order of approval is not always completed in the exact order of when each person filed their I-526E petition. If you are outside the US you are not given any legal immigration status during this time. During this time EB5 United will send you access to your respective project portal where you will be able to monitor the progress of your investment, receive important tax documents, and enter the bank information for receiving your interest payments.

Wait for Employment Authorization Document (EAD) and Advanced Parole (AP) Travel permit (For applicants in the US on a nonimmigrant work or student visa only)
This step only applies to EB-5 petitioners who are in the United States on a nonimmigrant visa such as an F-1 or H-1B visa. While your I-526E petition is pending you may apply for Adjustment of Status (depending on visa availability for your country) and wait for your EAD and AP cards to a arrive. Please make sure to consult with your immigration attorney to understand the benefits it provides and what you should do while your I-526E petition remains pending.

Consular Processing / Change of Status If you are outside the US you will go through a visa interview process with the Visa Consular (includes document review, medical examination, and personal interview). This will take approximately 6 months to set up depending on your local consulate. After the interview you will receive an immigrant visa that will be stamped into your passport, you are then able to move to the United States. After you arrive in the US your Green Card will then be issued to you. If you reside in the US and file for Adjustment of Status, you will not need to complete an interview and you will receive your Green Card in the mail approximately 6-12 months after I-526E approval.

Consular Processing / Change of Status If you are outside the US you will go through a visa interview process with the Visa Consular (includes document review, medical examination, and personal interview). This will take approximately 6 months to set up depending on your local consulate. After the interview you will receive an immigrant visa that will be stamped into your passport, you are then able to move to the United States. After you arrive in the US your Green Card will then be issued to you. If you reside in the US and file for Adjustment of Status, you will not need to complete an interview and you will receive your Green Card in the mail approximately 6-12 months after I-526E approval.

Consular Processing / Change of Status If you are outside the US you will go through a visa interview process with the Visa Consular (includes document review, medical examination, and personal interview). This will take approximately 6 months to set up depending on your local consulate. After the interview you will receive an immigrant visa that will be stamped into your passport, you are then able to move to the United States. After you arrive in the US your Green Card will then be issued to you. If you reside in the US and file for Adjustment of Status, you will not need to complete an interview and you will receive your Green Card in the mail approximately 6-12 months after I-526E approval.

What are EB-5 Regional Centres?

Congress created the Immigrant Investor Program or “Regional Center Program” in 1993. The Regional Center Program sets aside EB-5 visas for investors who invest in a commercial enterprise structured by approved “Regional Centers” designated by USCIS to help promote economic growth. The creation of the Regional Center Program allowed investors to pool EB-5 money and utilize job creation models. Regional Centers allowed institutions to provide deal access to EB-5 investors, and EB-5 investors were able to make passive investments with developers that have strong track records. Regional Centers / Investment Issuers are responsible for issuing the investment and ensuring that it meets the USCIS requirements.

EB-5 Frequently Asked Questions

Have any questions? We’re here to assist you.

An EB-5 visa is a US immigrant visa (meaning US permanent residency). Another name for a permanent residency visa is a “Green Card”. Green Cards are issued primarily through a lottery, Family-Based relationships, or an Employment-Based sponsorship. EB-5 stands for Employment-Based 5th Category Visa and is an immigration by investment program which leads to US job creation or “Employment”.
An EB-5 petitioner is an individual investor. Investors’ spouses and unwed children under 21 can also obtain a Green Card through the same investment. Minors are allowed to apply.
Immigrant investor programs are programs designed to attract foreign capital and businesspeople by providing the right to residence and citizenship in return. The United States remains one of the most attractive countries to immigrate to and the EB-5 Regional Center program is highly favored amongst foreign nationals looking to move to the United States. If you’re on a H-1B/F-1/L-1A or any other non-immigrant type visa, obtaining a Green Card via the EB-5 program is the best way to secure you and your family’s future in the United States. Even though you may have an EB-2/3 petition pending, the current wait times are long and can often result in you not being able to obtain a Green Card. Obtaining a Green Card also removes the threat of constant non-immigrant visa renewals every three years and greatly lowers the risk of having to leave the country if there is a change with your visa program, job, or personal life in any way. Using EB-5 to speed up the Green Card process is especially important for individuals on H-1B status who must continuously extend their status and contend with limited career flexibility.
Each investor must invest $800,000 (if investing in a Targeted Employment Area “TEA”) or $1.05 million in a non-TEA project and create 10 US jobs. The initial EB-5 Green Card is conditional and temporary. At the end of a 2-year conditional residency period, the investor must show that the investment was maintained and at least 10 jobs were created for the Green Card to become permanent.
Proper documentation of source of funds is critical, and funds required for the investment may include, but are not limited to:
  • Accumulation of salary
  • Earnings from business ownership
  • Proceeds from sale/mortgage of real estate property
  • Gift
  • Inheritance

You can utilize loans and it is best practice loans be secured by an asset. Funds can be sourced from anywhere in the world if they legally belong to the investor.

The EB-5 Regional Center program was created in 1993 to allow multiple investors to pool their capital for enhanced economic impact within a defined geographic area. This also allowed EB-5 investors to make a passive investment with Regional Centers and issuers who had knowledge and expertise in EB-5.
The goal of a typical EB-5 investor is to obtain a Green Card and receive their investment principal back. Well-structured EB-5 offerings have a structured exit strategy in which the EB-5 investors are repaid in-full plus interest. The capital must remain invested or “at-risk” until the investor has completed their Conditional Residency, if they fail to do so their Green Card will not become permanent. Even though EB-5 investments need to be “at-risk” that does not mean that the investment needs to be inherently “risky”.
EB-5 projects assume many different business models and operate within many different industries. Types of EB-5 projects include:
  • Mixed-use retail
  • Hotels
  • Sports stadiums
  • Agricultural developments, including wineries and farms
  • Electric vehicle manufacturing
  • Manufacturing
  • Biotech and medical technologies
  • Casinos
  • Entertainment venues
  • Convention centers
  • Office buildings
An EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time positions for at least 10 qualifying employees.
  • For a new commercial enterprise located within a Regional Center, the new commercial enterprise can directly or indirectly create the full-time positions.
  • Direct jobs establish an employer-employee relationship between the new commercial enterprise and the persons it employs.
  • Indirect jobs are held outside of the new commercial enterprise but are created because of the new commercial enterprise.
Rather than count 10 hired employees, the USCIS allows Regional Centers to use multiple economic impact formulas to connect money spent on a project with the number of jobs created. This means if the money is spent on the project as specified the jobs are created and are permanent.

A TEA can be, at the time of investment:

  • An area that has high unemployment (defined as at least 150% of the national average unemployment rate).

A high-unemployment area may be any of the following areas

  • An MSA;
  • A specific county in an MSA;
  • A county in which a city or town with a population of 20,000 or more is located; or
  • A city or town with a population of 20,000 or more outside of an MSA.

A high-unemployment area may also consist of the census tract or contiguous census tracts in which the new commercial enterprise is principally doing business. This may include any or all directly adjacent census tracts, if the weighted average unemployment for the specified area based on the labor force employment measure for each tract is 150% of the national unemployment average.
Source: USCIS