The EB-5 Program:
A Definitive Guide to EB-5 Visa
The EB-5 Program is administered through a very complex network of immigration laws, regulations, and administrative policy.
This guide aims to provide up-to-date information about the EB-5 Program’s origin, purpose, requirements, and benefits to immigrant investors and their families.
How many EB-5 Visas are available annually?
Up to 10,000 visas are allocated each fiscal year to investors in the EB-5 Program.
What is the minimum capital investment amount within a high unemployment area?
The minimum capital investment amount within a high unemployment area is $500,000 (based on current USCIS guidance).
What is the minimum capital investment amount outside a high unemployment area?
The minimum capital investment amount outside a high unemployment is $1,000,000 (based on current USCIS guidance).
What is the minimum job creation requirement per EB-5 investor?
The minimum requirement is to create or preserve 10 full-time jobs in the United States.
Who receives lawful permanent residency through the EB-5 Program?
• The investor
• Investor’s spouse
• Any unmarried children under the age of 21
• Any unmarried adopted children under the age of 21
Invest and file an application for conditional green card (Form I-526)
Upon approval of I-526, start the process for a consulate interview or adjustment of status
* Currently, due to Visa retrogression, investors from China and Vietnam may experience significant delays.
Receipt of conditional green card
File application for removal of conditions (Form I-829)
Unconditional green card
Return of capital
As of November 2019; Source: USCIS Processing Times Online Overview
EB-5 Regional Center Investment Structure
Advantages of Investing with an EB-5 Regional Center
Why Is it Easier to Satisfy the Job Creation Requirement Through EB-5 Regional Centers?
What are EB-5 investments used for?
EB-5 projects often provide funding to real estate developments:
Related Insight: Tour of Brightline Trains, an EB-5 Funded Project in Florida
Industrial and transportation projects seek EB-5 funding as well:
Related Insight: Gulfport Marine Terminal EB-5 Loan Repayment
EB-5 Visa Availability
How Many EB-5 Visas are available each year?
The US Department of State has published the Report of the Visa Office Table V Part 3, which gives a tally of visas (conditional green cards) issued by country for the Employment Fifth preference (EB-5) in each fiscal year.
How Many EB-5 Visas Are Issued Each Year?
How Many I-526 Petitions (EB-5 Applications) Are Filed Each Year?
What to Look for When Considering an EB-5 Visa Investment
Related Insight: How to Choose the Right EB-5 Regional Center with Carolyn Lee and Nilesh Shah
Should I Retain an Immigration Attorney when Applying for EB-5 Visa?
Is the EB-5 Program a good option for me?
If you are considering an EB-5 investment or have any additional questions about the EB-5 Program, please contact us in the form below.
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