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The EB-5 visa, employment-based fifth preference category or EB-5 Immigrant Investor Visa Program, created in 1990 by the Immigration Act of 1990, provides a method for eligible Immigrant Investors to become lawful permanent residents by investing at least $1,050,000 to finance a business in the United States that will employ at least 10 American workers.”
Most immigrant investors who use the EB-5 program invest in a targeted employment area (TEA) — a rural area or area with high unemployment — which lowers the investment threshold to $800,000. The EB-5 program is intended to encourage both “foreign investments and economic growth”.
Applicants have the choice of investing individually or they can choose to work through a “larger investor pool via regional centers (RC)” which is federally approved third-party intermediaries that connect foreign investors with developers in need of funding. If an EB-5 investment is made in a regional center, the jobs may be created indirectly through economic activity, as opposed to a direct investment, where the investment vehicle must directly employ the 10 U.S. workers
The foreign applicant must independently establish a business OR invest into an existing business which was created or restructured after 19 November 1990.The investment must create at least ten Full-time jobs for legal U.S. residents or citizens.The foreign investor is required to invest USD $1,050,000 into the aforementioned business (or USD $800,000 when investing into a USCIS designated regional center)The investor needs to Provide comprehensive evidence that the investment funds used for the same is lawfully obtained.
Obviously, this is the main goal of the majority of foreign investors who apply for an EB-5 visa. The visa allows the investor, their spouse and all unmarried children under the age of 21, a legal path to live, work, and study in the U.S.
In many cases, the EB-5 visa can facilitate the path to permanent residence faster than other types of visas and green cards. Additionally, immigrants with an EB-5 visa may be eligible for citizenship in as little as 5 years after achieving permanent resident status.
An EB-5 visa investor essentially acts as his own sponsor. There are no requirements outside the investment in an American business. Neither do they need to be sponsored by any American and group nor does they need to qualify for any level of language proficiency
Though the investment’s primary purpose is to serve the purpose of providing the investor with an entry and residency to the U.S., the right investment can also lead to profits and further income for the applicant.
Investors have the option to live and work wherever they want. Other types of visas, on the other hand, have much more strict requirements, which visa holders must follow or lose status.
The EB-5 investment visa allows the children of the foreign investors to enroll in school, with access to the same education and higher education as much as a normal U.S. citizen. This includes access to public and private high schools, college, and graduate schools (including medical school or law school). After their education is completed, children have access to the same professional opportunities as any other child in the U.S.
There are many delays and backlogs for employment and family based green card categories. Contrary to this, there is no backlog for the EB5 Visa Investor category while as many as 10,000 of such visas being issued annual to investors around the world.
After the I-829 ‘removal of conditions’ approval, the EB5 investor and qualifying family members then receive permanent US residency without the need to continuously meet a qualification criterion like other category visas.
Most regional centers are limited partnerships, if the petitioner is a limited partner under the Uniform Limited Partnership Act, the investor will be considered sufficiently engaged in the management of the enterprise to satisfy USCIS that requirement which states that investors should be engaged in the management of the enterprise as opposed to maintaining a purely passive role.
