Immigrating to the United States can come with several different challenges depending on the different paths you take toward immigration. For some, investing in the EB-5 immigrant investor program can be a good way of obtaining a U.S. green card. However, before you start this process, you need to understand how EB-5 investment amounts work and how this can impact your U.S. residency. Here is everything you need to know about EB-5 visa investment amounts, investment limits, and visa requirements.
What is an EB-5 Investment Visa?
The purpose of the EB-5 immigrant investor program is to encourage economic growth within the United States by utilizing foreign investment. Individuals living outside of the United States can use this program as a way of obtaining a green card for themselves, their spouses, and any unmarried children under the age of 21.
The required EB-5 investment amount is at least $1,050,000 or $800,000 and has to be invested into a new commercial enterprise in the United States. This commercial enterprise needs to create a minimum of 10 full-time jobs for U.S. workers.
Unlike other immigration processes that allow you to get a green card, an EB-5 investment visa provides a more straightforward approach that is faster and easier. It also comes with the benefit of providing loved ones with green cards as well if they are eligible.
However, these investments have to be at risk as a way of ensuring that the investors are actually investing capital and not just buying a visa to the U.S. Because of this, it is your responsibility to do your due diligence to assess the risks with your investment so that you maintain compliance and choose an investment with the highest chance of success. To do this, you need to evaluate things such as:
- Job creation forecasts
- Business plan viability
- Business track record
- Financial projections
- Capital structure
- Management team expertise
Benefits of the EB-5 Investment Program
Although the EB-5 investment amount is substantial, this can be a great option for those who are seeking residency within the United States. Not only is it incredibly beneficial for the economic system in the U.S., but it also provides many benefits for foreign nationals that go far beyond simply providing them with a green card, such as:
- The possibility of citizenship after five years of proven legal residence in the U.S.
- The ability to access green cards for your spouse and eligible children.
- Faster and simpler process for obtaining a green card.
- Minimal application requirements without the need for prior business experience or specific language proficiency.
- More flexible physical presence requirements.
Although there are many benefits to the EB-5 investment program, including an easier process for obtaining a green card, you should still seek legal representation. Hiring an immigration attorney will be essential in ensuring that your application is thorough and in line with the program’s guidelines.
An immigration attorney can help you avoid common issues, such as providing incorrect documentation or not providing enough documentation. They can also help you later on in your immigration process as you convert your conditional green card into a regular green card and eventually apply for citizenship.
EB-5 Immigrant Investment Program Requirements
Although the EB-5 immigrant investment program provides a quicker solution for foreign nationals who want to obtain a green card, there are some requirements you must meet first. Failure to meet any of these requirements may result in significant delays or a denial of your application.
Here is a breakdown of the key requirements you have to be able to meet to get a green card through an EB-5 investment.
EB-5 Minimum Investments
Something that can be confusing is the EB-5 investment limit, which includes two different dollar amounts. This is because the general requirement is $1,050,000 for non-targeted employment area EB-5 investment projects. Whereas this limit can be reduced to $800,000 if it is going to a targeted employment area in a rural area or an area with a high unemployment rate.
Investing in a targeted employment area is also called a TEA investment and must be designated by the USCIS.
Job Criteria
One of the requirements for an EB-5 investment visa is that this either creates or preserves at least 10 full-time jobs for U.S. workers. This has to be done within two years of your admission into the United States as a conditional permanent resident, although a one-year extension may be granted.
To qualify for this type of visa, you have to be able to demonstrate that your capital investment will create or preserve 10 full-time jobs in the U.S., following USCIS standards.
Legal Compliance
To ensure that you are compliant with the requirements for obtaining an EB-5 investment visa, you have to be able to prove that you are investing in a real enterprise and that your funds have been obtained lawfully. You must adhere to the EB-5 immigrant investment program guidelines as well as the USCIS guidelines.
Process of Gaining U.S. Residency Through an EB-5 Investment
To get into the EB-5 immigrant investment program, you need to follow the correct process and forms that are provided. This includes paying the required fees and attaching supporting documents to prove that you have met the requirements. Keep in mind that you will only be getting a conditional green card if you are approved and able to make your investment; in a few years, this can be converted into a regular green card.
Your spouse and unmarried children under the age of 21 can also apply for green cards as derivative applicants by submitting their own paperwork without having to make any additional financial contributions.
Hire an Immigration Attorney Today
Do you want to start the process of applying to the EB-5 immigrant investment program so that you can obtain a green card? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
