The EB-5 Immigrant Investor Program is a United States visa initiative designed to attract foreign capital to stimulate economic growth and job creation within the U.S. Through this program, eligible foreign investors can obtain permanent residency for themselves, their spouses, and unmarried children under 21 by making substantial investments in new commercial enterprises that benefit the U.S. economy.
As of January 22, 2025, the minimum investment amounts required for the EB-5 Visa are as follows:
Investors have two primary avenues to fulfill the investment requirement:
The investment must be made in a for-profit U.S. commercial enterprise. The enterprise can be:
The invested capital must be at risk for the purpose of generating a return on the capital placed at risk. There must be no guaranteed returns or repayment of the investment.
Applicants must demonstrate that their investment will create or preserve at least 10 full-time jobs for qualified U.S. workers within two years of the investor obtaining conditional permanent residency.
The EB-5 program recognizes two types of job creation:
When investing through a Regional Center, up to 90% of the required job creation can be attributed to indirect and induced jobs, simplifying compliance with job creation mandates.
Investors must provide evidence that their investment funds were obtained through lawful means. Acceptable documentation includes:
The EB-5 application process involves several key forms and steps:
Investors receive conditional permanent residency for two years. During this period, they must ensure that their investment remains active and fulfills all program requirements, including job creation.
Choosing to invest through a USCIS-designated Regional Center offers several advantages:
Investors must verify that the Regional Center is USCIS-designated and operates under the EB-5 Reform and Integrity Act of 2022 to ensure compliance and validity of the investment.
The EB-5 program does not impose minimum or maximum age limits for applicants, allowing investors of all ages to participate.
The principal investor's spouse and unmarried children under the age of 21 are eligible to receive conditional green cards as derivative beneficiaries.
Applicants and their dependents must undergo medical examinations and provide vaccination records, police clearances, and court records if applicable to ensure eligibility and security compliance.
Investors must maintain their investment throughout the conditional residency period, ensuring that funds remain at risk and are not withdrawn or diverted.
Aspect | Direct Investment | Regional Center Investment |
---|---|---|
Minimum Investment | $1,800,000 standard / $800,000 TEA | $1,800,000 standard / $800,000 TEA |
Job Creation | All 10 jobs must be direct | Up to 9 indirect/induced jobs can be counted |
Management Involvement | Requires active role in business operations | No active management role required |
Risk Level | Typically higher due to direct business involvement | Managed by the regional center, potentially lower individual risk |
Investment Control | Full control over investment decisions | Less control, as funds are pooled with other investors |
The EB-5 Immigrant Investor Program presents a viable pathway for foreign investors seeking U.S. permanent residency. By meeting the investment and job creation requirements and adhering to all program stipulations, investors can secure green cards for themselves and their immediate families. Whether opting for direct investment or leveraging the benefits of Regional Centers, understanding the intricate requirements and maintaining compliance throughout the process are crucial for successfully navigating the EB-5 visa journey.
For personalized advice and the most current information, it is recommended to consult with an immigration attorney or a qualified EB-5 professional.