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EB-5 Visa Requirements

Navigate Your Path to U.S. Permanent Residency through Investment

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Key Takeaways

  • Investment Thresholds: Minimum investment amounts are tiered based on the project's location and type.
  • Job Creation: Applicants must generate or sustain at least 10 full-time jobs for U.S. workers.
  • Compliance and Documentation: Investments must be in eligible businesses with verifiable lawful funds.

Introduction to the EB-5 Immigrant Investor Program

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.

Investment Requirements

Minimum Investment Amounts

As of January 22, 2025, the minimum investment amounts required for the EB-5 Visa are as follows:

  • $1,800,000 for investments in standard areas, which are regions without high unemployment or not designated as rural.
  • $800,000 for investments in Targeted Employment Areas (TEAs), which include rural regions or areas experiencing high unemployment rates.

Investment Options: Direct vs. Regional Center

Investors have two primary avenues to fulfill the investment requirement:

  • Direct Investment: Investing directly into a new or existing business where the investor has a managerial role.
  • Regional Center Investment: Investing through a USCIS-designated regional center, which allows for pooled investments into larger projects and recognizes indirect and induced job creation.

Business Requirements

Eligible Business Entities

The investment must be made in a for-profit U.S. commercial enterprise. The enterprise can be:

  • New Commercial Enterprise: Established after November 29, 1990, or significantly restructured post this date, leading to a 40% increase in net worth or number of employees.
  • Troubled Business: An existing business that has been in operation for at least two years and has incurred a net loss of at least 20% of its net worth or has been in bankruptcy proceedings.

At-Risk Investment

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.

Job Creation Requirements

Creating or Preserving Jobs

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.

Direct vs. Indirect Job Creation

The EB-5 program recognizes two types of job creation:

  • Direct Jobs: Positions within the new or existing enterprise where the investor has an ownership stake.
  • Indirect and Induced Jobs: Jobs created as a result of the business activity, which are often recognized when investing through a Regional Center.

Job Creation Through Regional Centers

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.

Lawful Source of Funds

Demonstrating Legal Acquisition of Funds

Investors must provide evidence that their investment funds were obtained through lawful means. Acceptable documentation includes:

  • Tax returns
  • Bank statements
  • Employment records or business ownership documentation
  • Proof of inheritances or gifts, if applicable

Application Process

Filing Forms and Documentation

The EB-5 application process involves several key forms and steps:

  1. Form I-526: Immigrant Petition by Alien Entrepreneur. This form initiates the EB-5 visa application process.
  2. Conditional Permanent Residency: Upon approval of Form I-526, investors may apply for conditional permanent residency either through adjustment of status (if in the U.S.) or via consular processing (if abroad).
  3. Form I-829: Petition by Investor to Remove Conditions. Filed within the two-year conditional residency period to obtain permanent residency upon satisfactory fulfillment of all EB-5 requirements.

Conditional Residency Period

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.

Regional Center Option

Benefits of Investing Through Regional Centers

Choosing to invest through a USCIS-designated Regional Center offers several advantages:

  • Access to larger, pre-vetted projects
  • Inclusion of indirect and induced job creation in the job count
  • Simplified investment management and oversight

Ensuring Regional Center Compliance

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.

Eligibility and Dependents

No Age Restrictions

The EB-5 program does not impose minimum or maximum age limits for applicants, allowing investors of all ages to participate.

Family Members

The principal investor's spouse and unmarried children under the age of 21 are eligible to receive conditional green cards as derivative beneficiaries.

Additional Requirements

Background Checks and Health Requirements

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.

Ongoing Investment Maintenance

Investors must maintain their investment throughout the conditional residency period, ensuring that funds remain at risk and are not withdrawn or diverted.

Comparison of Direct vs. Regional Center Investments

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

Benefits of the EB-5 Visa

  • Grants permanent residency to the investor, their spouse, and unmarried children under 21.
  • No requirement for specific education, work experience, or English language proficiency.
  • Flexible residency requirements, allowing investors to live and work anywhere in the U.S.
  • Pathway to U.S. citizenship after five years of permanent residency.
  • Potential for significant return on investment through successful business operations.

Conclusion

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.

References


For personalized advice and the most current information, it is recommended to consult with an immigration attorney or a qualified EB-5 professional.


Last updated January 22, 2025
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