The EB-5 Immigrant Investor Program was established by the U.S. Congress in 1990 to stimulate the American economy through job creation and capital investment by foreign investors.
The program offers eligible investors and their immediate families a path to U.S. permanent residency (green card) in exchange for a qualifying investment in a U.S. business that creates or preserves at least 10 full-time jobs for U.S. workers.
To qualify for the EB-5 program, investors must meet the following investment criteria:
$1,050,000 in a standard project or $800,000 in a Targeted Employment Area (TEA) project, which is located in a rural area or an area with high unemployment.
The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years.
The investor's capital must be at risk, meaning there can be no guarantees of returns or repurchase of the investment.
Prove the Source of Funds:
The investment funds must come from a lawful source, such as income, business profits, the sale of property, or a gift. The investor must provide detailed documentation to verify the legitimacy of the funds.
Qualify as an Accredited Investor:
While not a strict requirement for the EB-5 program itself, many EB-5 projects require investors to meet the standards of an accredited investor, typically defined by income and net worth thresholds.
Pass Security and Background Checks:
Investors must undergo rigorous security and background checks to ensure they are eligible to immigrate to the United States.
Meet with an EB-5 consultant or attorney to discuss your goals and the requirements of the program.
Choose an EB-5 project that meets the program’s requirements and aligns with your investment goals.
Transfer the required funds into the project’s designated account.
Submit the Immigrant Petition by Alien Investor (Form I-526) to the U.S. Citizenship and Immigration Services (USCIS), along with evidence of the investment and job creation.
Receive a conditional green card valid for two years, during which time you must demonstrate that the investment and job creation requirements are being met.
Before your conditional green card expires, file Form I-829 to remove the conditions and obtain a permanent green card.
Upon approval of the I-829 petition, you and your family members will receive permanent green cards, granting you the right to live and work in the United States permanently.
Filing Form I-526:
The processing time for Form I-526 can vary but typically takes 12 to 24 months.
Conditional Residency:
Once the I-526 is approved, you may obtain conditional permanent residency within 6 to 12 months, depending on your country of origin and other factors.
Job Creation and Investment Maintenance:
During the two-year conditional residency period, the project must create the required jobs, and the investment must remain at risk.
Filing Form I-829:
This petition is filed 90 days before the end of your two-year conditional residency. The processing time for I-829 can take another 12 to 24 months.
Permanent Residency:
Upon approval of the I-829, you and your family will be granted permanent green cards, and the timeline to U.S. citizenship can begin.