EB-5 Visa Program: Minimum Investment, Requirements, Green Card & EB-5 Projects
"…mere intention to invest the requisite amount does not suffice; as noted above, evidence must be submitted to establish that the investor actively and actually committed the requisite amount of capital.
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Exploring the Requirements of the EB-5 Visa Program The EB-5 Visa Program can open the door to U.S. permanent residence for eligible foreign investors through qualifying investments and job creation. But, as with so many other visa programs, the general process involves many specific requirements, including: Investment amount Job creating, using commercial enterprise Immigration process Every one of these components is essential, and if you want to explore an EB-5 project before committing any capital, it can be helpful to understand each piece in detail.
What Is the EB-5 Visa Program?
Under the EB-5 visa program, eligible investors can pursue U.S. lawful permanent residence by investing in a qualified new commercial enterprise and satisfying the job-creation requirement.
There is a requirement that investments must generally support the creation of 10 or more full-time positions for qualifying U.S. workers. In projects utilizing a regional center, the use of permitted economic methodologies to demonstrate the creation of indirect jobs can meet this requirement. The program also is designed to provide immigration benefits to an individual investor's spouse and children who are not married and under age 21, as applicable.
What Is the EB-5 Minimum Investment?
The EB-5 minimum investment amount generally depends on whether the investor's project qualifies for a targeted employment area ("TEA") or another qualifying infrastructure project, in which case the amounts are: $1,050,000 in the standard case $800,000 where the investment qualifies for a TEA or infrastructure project The U.S.
Citizenship and Immigration Services (USCIS) expects that these investments are adjusted periodically as provided by law to reflect the change in the Consumer Price Index at standard intervals. But an investment amount alone does not determine eligibility. You will also need to satisfy all of the requirements below.
What Are the EB-5 Visa Requirements?
Typically, the EB-5 visa requirements are to show that: The required amount has been or is being actively invested or actually invested The investment is in a qualifying commercial enterprise The funds for investment were obtained through lawful sources The investment meets the applicable job-creation and immigration requirements Evidence demonstrating the source and path of the funds used for the investment If you only have the intention of investing, you are not eligible as a practical matter, as the Federal Register explains that "…mere intention to invest the requisite amount does not suffice; as noted above, evidence must be submitted to establish that the investor actively and actually committed the requisite amount of capital."
How Does the EB-5 Investment Green Card Work?
Simply investing the money does not entitle the investor to an EB-5 investment green card.
Once all the applicable petitioning and immigration requirements have been met, the investor is then eligible for a conditional permanent resident card. At that stage, the investor will want to meet the condition removal requirements that allow him or her to receive the permanent investment green card. This makes it important to consider both the immigration structure and the financial profile of an investment opportunity.
What Is an EB-5 Project?
An EB-5 project is an investment opportunity that is properly structured to qualify under the applicable standards of the EB-5 program.
Projects can involve a range of kinds of commercial activity and property development, and should include: Business plan Financing structure Projected job creation, including the development timeline EB-5 regional center involvement, if any Investment and repayment structure Risks, including those affecting return on investment and value While a project must create the full 10 jobs directly associated with the commercial enterprise for the investor, regional center projects can consider direct and indirect employment to meet the requirements.
What Should I Know About Choosing a Project?
Beyond understanding minimum investments required, you will also need to examine how each project intends to meet the job creation rules and deploy the capital invested in the project.
And you should remember that while eligibility for the immigration program is important, as a practical matter, it is not the entire investment picture, since financial and other risks are also involved.
What are the Final Thoughts?
While the EB-5 Visa Program may grant eligible investors access to U.S. lawful permanent residence, just having the capital available for investment and making the minimum investment is not enough to qualify.
You'll want to understand the requirements of the EB-5 Visa Program, the details of the investment, the important rules for creating jobs, and the individual projects that interest you.
Given the possibility of changes in U.S. immigration law and the flow of visas, eligible investors should always check with USCIS for current requirements, and should consult experienced legal and financial advisors for assistance. This article is intended for general information purposes only, and should not be considered legal, tax or investment advice.
