Residency >> USA

United States of America EB-5 Immigrant Investor Program

The EB-5 Immigrant Investor Program* offers foreign investors a pathway to US permanent residency and citizenship, provided they invest significant capital and create jobs in the US.

The US Government created the EB-5 Immigrant Investor Program to stimulate the American economy through job creation and capital investment by foreign investors. It was introduced as part of the Immigration Act of 1990 and acts as a method of obtaining a US green card for foreign nationals who invest money in the US.

Summary

MINIMUM INVESTMENT

US$ 800,000

RESIDENCY REQUIREMENT

AT LEAST 18 MONTHS

CITIZENSHIP

POSSIBLE AFTER FIVE YEARS’ PERMANENT RESIDENT STATUS

PROCESSING TIME

AT LEAST 18 MONTHS

There are several key advantages for those applying to the US Immigrant Investor Program, including:

  • The right to live, work and study in the US.
  • Minimal application requirements.
  • High levels of safety and security, excellent education opportunities, and robust healthcare options.
  • The ability to include family members in an application (married spouse and unmarried children of the main applicant or spouse under 21 years old).
  • Investment returns possible after five to seven years.
  • EB-5 visa holders also gain access to comprehensive US banking services.
  • The ability to settle anywhere in the US once becoming a permanent resident.

The most efficient way to acquire permanent resident (‘Green Card’) status in the US is via the United States of America Immigrant Investor Program.

Approved applicants will receive a conditional Green Card for a period of roughly 18 to 24 months after the application is successful. The conditions on the Green Card are then removed at the end of the two years upon demonstrating to US immigration authorities that the jobs were in fact created or maintained.

The transition does not affect what the Green Card holder can do in the US.

The Investment

There are two investment options available under the Immigrant Investor Program:

  1. A minimum investment of US$1,050,000 in a non-targeted employment area project; or
  2. A minimum investment of US$800,000 into a targeted employment area (TEA) project in a rural area or an area with high unemployment.

 

Additionally, the main applicant needs to create or preserve ten permanent full-time jobs for qualified US workers.

Additionally, the following fees may apply:

  • Entry Visa Application Fees (dependent on country of choice):
  • When an investor makes an initial application for an EB-5 visa, the investor has to file Form I-526. The filing fee is US$3,675.
  • Once the Form I-526 petition has been approved, the investor is required to file Form-485 to adjust status to conditional permanent residence. The general filing fee is US$1,140. The filing fee is US$750 for each applicant under 14 filing with the application of at least one parent.
  • Before the end of the two-year period of conditional permanent residence, an investor is required to fill Form I-829 to remove the conditions for their permanent residence. The filing fee is US$3,750.
  • Visa Application Processing Fee: US$345 per person
  • Additional costs associated with the filing of the application documents
  • CS Global Partners Professional Fees

The path for investors to receive residence in the US is as follows:

  • Step 1: Choose an Investment: One of the most significant steps is to determine the investment path, whether you will make a direct investment in a new commercial enterprise or invest through an approved Regional Centre.
  • Step 2: Invest the Funds: Make the required capital investment amount of either US$800,000 for a project in a Targeted Employment Area (TEA) or US$1,050,000 for a project in a non-TEA area.
  • Step 3: Source of Funds Verification: Prepare documentation to prove that the investment funds were obtained through lawful means such as employment, business ownership, investments, inheritance, gift, etc.
  • Step 4: File Form I-526: The first official step in the application process is to file Form I-526, Immigrant Petition by Standalone Investor, with USCIS. This form includes information about your investment and how you obtained your investment capital.
  • Step 5: Visa Application: Once your I-526 is approved, you can apply for the EB-5 visa. If you are residing outside the US, you would apply through the US Department of State by filing Form DS-260, Application for Immigrant Visa and Alien Registration. If you’re already in the US under a different visa status, you would apply to adjust your status to a conditional permanent resident, by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
  • Step 6: Interview: Attend an interview at a US embassy or consulate, or with USCIS if you are in the US. This is typically the final step before the visa is issued.
  • Step 7: Conditional Green Card: If your application and interview are successful, you and your eligible family members will receive a conditional green card, valid for two years.
  • Step 8: File Form I-829: Within 90 days before your conditional green card expires, you must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, with USCIS. This form proves that you have maintained your investment and created the required number of jobs.
  • Step 9: Permanent Green Card: Once your I-829 petition is approved, your conditional status will be removed, and you and your eligible family members will receive a permanent green card

WHO IS ELIGIBLE TO APPLY?

Investors wishing to apply for the Immigrant Investor Program must possess sufficient funds to make the investment as well as have the documentation to prove that all investment capital is legally sourced. They should also have a clean criminal record and be aged 18 or over


WHICH FAMILY MEMBERS CAN I INCLUDE IN MY APPLICATION?

The following family members are eligible to join the investor:

 

  • Spouse aged 18 or over
  • Unmarried children aged 21 or under

 

IS THERE A PHYSICAL PRESENCE REQUIREMENT?

The initial conditional green card is issued for a validity period of two years. An applicant may apply for an unconditional green card if the investment has been retained and the employment requirement is still fulfilled.

An applicant may apply for naturalisation as a citizen after five years of physical presence, with a minimum of 183 days per year. There is also a requirement of no more than 180 days’ consecutive absence from the country.

HOW LONG DOES THE APPLICATION TAKE TO PROCESS?

As discussed above, there is no official processing time, but online sources suggest that an EB-5 visa may take more than 18 months to process.


WHAT IS THE DURATION OF THE RESIDENCE PERMIT?

The initial conditional Green Card is issued for a validity period of two years. An applicant may apply for an unconditional Green Card if the investment has been retained and the employment requirement is still being fulfilled.

An applicant may apply for naturalisation as a citizen after five years of physical presence, with a minimum of 183 days per year. There is also a requirement of no more than 180 days’ consecutive absence from the country.

IS THIS PROGRAM FOR ME?

The following persons may be a good fit for the program:

  • Businesspersons and entrepreneurs seeking to locate their business interests in the United States of America.
  • Individuals seeking to invest in one of the world’s biggest economies and markets.
  • Extended families seeking to obtain a United States of America permanent residence permit.

Book a free first consultation with one of our experts and discuss your individual requirements.

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*Residency by Investment programme requires a financial investment into the country.

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