EB-5 PROGRAM- GREEN CARD THROUGH INVESTMENT
Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.
Based on the EB‐5 Reform and Integrity Act, which was signed into law on March 15, 2022, the minimum investment requirement to qualify under the EB-5 program is $1,050,000. The investment requirement is reduced to $800,000, however, if the investment is made in a qualifying infrastructure project or targeted employment area (TEA). $800,000 investment minimum qualify for EB-5 "set aside" visas, which are broken down into three categories: infrastructure projects, projects in high-employment areas, and projects in rural areas.
BENEFITS OF THE EB-5 PROGRAM
-Green Card for Investor, Spouse, and Children Under 21 at the time of application
- Priority (expedited) processing for rural TEA projects (6-11 month approval time)
- Concurrent filing / Change of status at the time of I-526E petition.
-Path to US Citizenship
-Ability to Work, Travel, and Live anywhere in the United States
-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, degree 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 PROCESS SUMMARY
Engage an Immigration Attorney and start your Source of Funds process
The first step in your EB-5 process will to 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 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 ten 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 case (this timeline can vary). The receipt notice will include the date they received your case 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 some of your immigration benefits before the approval of your petition.