EB-5 Investment

The EB-5 Visa Allows Foreign Investors and their Families to Live and Work in The United States

If you and your family want to become legal permanent residents of the USA (get a green card) and you can afford to invest $500,000 in one of USA InvestCo’s EB-5 projects, you could be living legally in America. With the EB-5 visa program, you can choose to live anywhere in the USA. It includes green cards for you, your wife/husband and all children under 21. Your children can attend all American schools, colleges and universities. USAInvestCo can provide you investments that are structured to meet EB-5 requirements so you can get your green card quickly.

Introduction to The EB-5 Visa Program

  • The United States Congress created a new employment-based immigration policy in 1990 to allow foreign entrepreneurs to invest in new commercial job-creating enterprises in exchange for an expedited lawful permanent resident immigration status.
  • The Immigration and Nationality Act (INA) allocates 10,000 immigrant visas (green cards) each year to qualified individuals seeking to obtain permanent residence in the U.S. on the basis of their investment in a qualified U.S. enterprise.
  • The EB-5 Immigrant Investor Program offers a green card for the applicant, their spouse, and all unmarried children under the age of 21.
  • If an investor’s EB-5 petition is approved, the investor and dependents may apply for two-year conditional resident status. During the conditional period, the investor must continue to satisfy all EB-5 Visa requirements in order to qualify for a removal of conditions.

Highlights of the EB-5 Visa Program

  • A direct route to a Green Card
  • Permanent Residency in the United States for you, your spouse and any unmarried children under the age of 21
  • Freedom to live, work and retire anywhere in the United States
  • US Citizenship route after 5 years of being a Green Card holder
  • Children may attend college or university at in-state resident costs

The EB-5 Visa

Congress created the EB-5 immigrant investor visa category in the Immigration Act of 1990 in the hopes of attracting foreign capital to the US and creating jobs for American workers in the process. There are 10,000 visas available in the category each year, 3,000 of which are set aside for investment through designated regional centers regardless of TEA status. There are three basic requirements for an EB-5 visa:

  • the alien must establish a business or invest in an existing business that was created or restructured after November 19, 1990
  • the alien must have invested $1 million (only $500,000 when investing in a TEA through a USCIS designated regional center) in the business
  • the business must create full-time employment for at least 10 US workers per investor

EB-5 Investment

The basic EB-5 Visa investment amount is $1 million. The required investment is $500,000 for a business established in a “targeted employment area.” The definition specifically excludes capital acquired by unlawful means. Targeted employment areas include:

  • rural areas, defined as any area other than one within a metropolitan statistical area or within the boundary of a city or town with a population of 20,000 or more; and
  • areas having an unemployment rate that is at least 150% of the national average.

The current regulations set the required investment for a targeted employment area at $500,000.

EB-5 Visa Job Creation

The EB-5 Visa investment must create at least 10 full-time jobs for US citizens, lawful permanent residents or other immigrants lawfully authorized to be employed in the United States. Full-time employees are defined to include workers working at least thirty-five hours per week. The 10 positions must be full time. This means employment of a qualified employee in a position that requires a minimum of 35 working hours per week. Although two employees may share a full-time position, part-time employment is specifically excluded. Therefore, a combination of two or more part-time positions will not qualify, even if they collectively meet the 35-hour per week requirement.

Procedure To Obtain an EB-5 Visa

To obtain immigrant investor status:

The alien investor must submit a completed Form I-526 (Immigrant Petition by Alien Entrepreneur) to U.S. Citizenship and Immigration Services (“USCIS”) along with supporting documentation clearly demonstrating that the investment meets all EB-5 requirements.

To obtain conditional resident status (only after the Form I-526 is approved):

If residing within the U.S., the alien investor must submit a completed Form I-485 (Application to Register Permanent Residence or Adjust Status) to USCIS. If residing outside the U.S., the alien investor must apply for an immigrant visa at a US Consulate abroad.

To become a lawful permanent resident:

The alien investor must submit a completed Form I-829 (Petition by Entrepreneur to Remove Conditions) to USCIS, within 90 days before the second anniversary of admission to the U.S. as a conditional resident. In order to ensure that all requirements of the EB-5 Immigrant Investor program are met, USA InvestCo works closely with several law firms with extensive experience in immigration law and, in particular, the EB-5 Program. Compliance with the EB-5 program relies heavily on correct and timely filing of applications, forms, and other information concerning both the investor and the project. It is extremely important to deal with an attorney who is familiar with all aspects of the immigration process and the EB-5 program.