This is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.
Advance Parole
Advance Parole, commonly referred to as a “travel permit,” allows you to travel back to the United States without applying for a visa. A transportation company (such as an airline) can accept an Advance Parole document instead of a visa as proof that you are authorized to travel to the United States. An Advance Parole document does not replace your passport. In most cases, you must have your advance parole document before you depart the United States.
Concurrent filing
EB-5 petitioners who reside in the U.S. in lawful status may file an application to adjust their visa to that of a lawful permanent resident (Form I-485) concurrently with the filing of their EB-5 petition (Form I-526E). The concurrent filing of Form I-526E and Form I-485 allows the EB-5 petitioner to remain in the U.S. during the time that his/her Form I-526E is adjudication pending.
Conditional Lawful Permanent Resident
A conditional permanent resident receives a Green Card that is valid for two years. To remove the conditions on the individual’s permanent resident status, he/she must file a petition within the 90-day period before his/her conditional Green Card expires.
EB-5 investors are admitted as conditional permanent residents for an initial period of 2 years. To seek removal of the conditions on permanent resident status, EB-5 investors must file a Petition by Investor to Remove Conditions on Permanent Resident Status (Form I-829) within 90 days prior to the 2-year anniversary of the date conditional permanent resident status was granted (for example, adjustment of status application was approved or investor admitted into the United States on an immigrant visa).
EAD (Employment Authorization Document – Form I-766)
A general term used to describe a card USCIS issues on Form I-766, Employment Authorization Card, to aliens who are authorized to work in the United States. The card contains a photograph of the individual and sometimes his or her fingerprint. An alien who has an EAD usually has open-market employment authorization, but there are exceptions.
EB-2 and EB-3 visas
EB-2 and EB-3 are both employment-based immigrant visas. In most cases, sponsorship by a U.S. employer is required. The EB-2 visa is available to people with advanced degrees and/or exceptional ability. EB-3 is open to professionals (people with bachelor’s degrees or higher), skilled workers, and unskilled workers.
EB-5 Immigrant Investor Program
The Immigrant Investor Program, also known as the Regional Center Program, sets aside EB-5 visas for participants who invest in commercial enterprises based on proposals for promoting economic growth.
EB-5 Investment Thresholds – $800,000 and $1,050.000
The minimum investment requirement under the Immigrant Investor Program is $800,000 in “rural areas,” “high unemployment areas,” and for “infrastructure projects,” and $1,050,000 outside those areas/categories. Investments under the Immigrant Investor Program must be atrisk, i.e., while the investments can be secured by the assets of the project, the return of investment cannot be guaranteed.
EB-5 Reserved, Set-aside Categories
Approximately 10,000 EB-5 visas are allocated per year for immigrants and their dependent family members whose qualifying project investments result in the creation of at least ten (10) full-time jobs for U.S. workers. Of this total allocation:
• 20% of total visas are reserved for “rural areas”;
• 10% are reserved for “high unemployment areas”; and
• 2% of the visas are reserved for immigrant investment in “infrastructure projects.”
F-1 Nonimmigrant Student
A person who has been admitted to the United States as a full-time academic student at an accredited college, university, seminary, conservatory, academic high school, elementary school or other academic institution, or in a language training program. The student must be enrolled in a program or course of study that culminates in a degree, diploma or certificate, and the school must be authorized by the U.S. government to accept international students.
Foreign Student
Either:
F-1 Nonimmigrant Student — An alien who has been admitted to the United States as a full-time academic student at an accredited college, university, seminary, conservatory academic high school, elementary school or other academic institution, or in a language training program. The student must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and the school must be authorized by the U.S. government to accept international students; or
M-1 Nonimmigrant Student — A alien who has been admitted to the United States to participate in vocational or other nonacademic programs, other than language training.
Green Card (Form 551)
Also known as a Permanent Resident Card, Form I-551, or alien registration card. USCIS issues Green Cards to aliens as evidence of their lawful permanent resident status in the United States. Although some Green Cards do not have an expiration date, most are valid for 10 years. Cards issued to individuals with conditional permanent resident status are valid for 2 years.
Immigrant Visas
Immigrant visas are issued to foreign nationals who intend to live permanently in the United States.
Immigration and Nationality Act (INA)
An act of Congress that, along with other immigration laws, treaties and conventions of the United States, relates to the immigration, temporary admission, naturalization and removal of aliens.
Lawful Permanent Resident
Any person not a citizen of the United States who is living in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as “permanent resident alien,” “resident alien permit holder,” and “Green Card holder.”
Nonimmigrant visas (NIV)
Nonimmigrant visas are for foreign nationals wishing to enter the United States on a temporary basis – e.g., for tourism, medical treatment, business, temporary work, study, or other similar reasons. NIVs usually ve a set end date.
Petitioner
A person who files an immigration petition or application.
Receipt Number
The receipt number is a unique 13-character identifier that USCIS provides for each application or petition it receives. USCIS uses it to identify and track its cases. The receipt number consists of three letters-for example, EAC, WAC, LIN, SRC, NBC, MSC or IOE-and 10 numbers. You can find it on notices of action USCIS has sent you.
Retrogression
Visa Retrogression occurs when more people apply for a visa in a particular category or country than there are visas available for that month.
Visa
A U.S. visa allows the bearer to apply for entry to the U.S. in a certain classification, such as student (F), visitor (B) or temporary worker (H). A visa does not grant the bearer the right to enter the United States. The Department of State is responsible for visa adjudication at U.S. Embassies and Consulates outside of the U.S.
Visa Bulletin
The visa bulletin summarizes the availability of immigrant visa numbers and indicates when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center
EB-5-Related Forms to Know
I-485 (Application to Register Permanent Residence or Adjust Status)
This form is used to apply for lawful permanent resident status if you are in the United States.
I-485 Supplement A
This form is used to provide USCIS with additional information if you are seeking to adjust status under section 245(i) of the Immigration and Nationality Act.
I-526 (Immigrant Petition by Standalone Investor)
The form is used by a standalone investor to petition USCIS for status as an immigrant to the United States under section 203(b)(5) of the Immigration and Nationality Act (INA), as amended.
I-526E, (Immigrant Petition by Regional Center Investor)
An investor pooling their investment with one or more qualified immigrants participating in the Regional Center Program uses this form to petition USCIS for status as an immigrant to the United States under section 203(b)(5) of the Immigration and Nationality Act (INA), as amended. A regional center investor may also use Form I-526E to report any amendments necessary to establish ongoing eligibility if the regional center, new commercial enterprise, or job-creating entity in which the investor has invested is terminated or debarred from participation in the Regional Center Program.
I-539 (Application to Extend/Change Nonimmigrant Status)
This form is used by certain nonimmigrants extending their stay or changing to another nonimmigrant status; CNMI residents applying for an initial grant of status; F and M nonimmigrants applying for reinstatement; and, Persons seeking V nonimmigrant status or an extension of stay as a V nonimmigrant.
I-765, (Application for EAD – Employment Authorization)
Certain alien noncitizens who are in the United States may file Form I-765 to request employment authorization and an Employment Authorization Document (EAD), commonly referred to as a “work permit.” Other alien noncitizens whose immigration status authorizes them to work in the United States without restrictions may also use Form I-765 to apply to U.S. Citizenship and Immigration Services (USCIS) for an EAD that shows such authorization.
I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status)
This form allows conditional permanent residents who meet the full terms of the EB-5 program to remove the conditions on their U.S. residence and receive permanent green cards.
I-956 (Application for Approval of an Investment in a Commercial Enterprise)
As a designated regional center, CanAm Enterprises uses this form to request approval of each particular investment offering through an associated new commercial enterprise.
I-956 (Regional Center Annual Statement)
Designated regional centers use this form to provide required information, certifications and evidence to support their continued eligibility for regional center designation.
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Frequently Asked Questions
What are the regional center EB 5 projects?
Regional center EB-5 projects are investment opportunities facilitated by designated regional centers, which are organizations approved by USCIS. These projects aim to boost economic growth and job creation in targeted areas, allowing foreign investors to qualify for U.S. residency through their investments.
Can multiple investors participate in a single EB-5 project?
Multiple investors can indeed participate in a single EB-5 project. This collaborative investment approach allows for pooled funds, making it easier for projects to meet the required capital threshold for the EB-5 Immigrant Investor Program.
What are the risks of investing in EB 5 projects?
The risks of investing in EB-5 projects include potential financial loss, project failure, and the possibility that immigration benefits may not be granted. Thorough due diligence is essential to mitigate these risks and ensure informed investment decisions.
How do I find reliable EB 5 projects?
Finding reliable EB-5 projects involves researching reputable Regional Centers, reviewing their track records, and assessing the financial viability and transparency of the projects they offer. Always consult with immigration and investment experts before making a decision.
What are the requirements for EB 5 projects?
The requirements for EB-5 projects include a minimum investment of $1 million, or $500,000 in a targeted employment area, job creation for at least 10 full-time U.S. workers, and ensuring the business is a for-profit entity.
How long does an EB-5 project typically take to complete?
The timeline for completing an EB-5 project varies, but it generally takes between 2 to 5 years, depending on factors such as project complexity and regulatory approvals.
What is the minimum number of jobs required for an EB-5 project?
The minimum number of jobs required for an EB-5 project is generally ten full-time positions for U.S. workers within two years of the investor's admission to the United States.
How are EB-5 project funds typically structured?
EB-5 project funds are typically structured as pooled investments where multiple investors contribute capital into a single project, managed by a regional center or project developer, thereby ensuring compliance with EB-5 program requirements and facilitating job creation in the U.S.
How does an EB-5 project generate revenue for investors?
EB-5 projects generate revenue for investors primarily through the operation and success of the business in which they invest, leading to profit-sharing, job creation, and ultimately a favorable return on investment that can enhance their potential for U.S. residency.
What is the EB 5 project approval process?
The EB-5 project approval process involves a series of steps where a proposed investment project is evaluated by U.S. Citizenship and Immigration Services (USCIS) for network compliance, job creation potential, and alignment with the EB-5 program requirements.
Can I get a green card through EB 5 projects investment?
You can obtain a green card through investment in EB-5 projects, as this program allows foreign nationals to gain U.S. residency by investing a specified amount in a qualifying business that creates jobs for U.S. workers.
What is the minimum investment required for an EB-5 project?
The minimum investment required for an EB-5 project is typically $1 million. However, for projects located in targeted employment areas (TEAs), the minimum investment is reduced to $500,000.
Can EB 5 projects be funded by foreign investors?
EB-5 projects can indeed be funded by foreign investors. This program allows individuals outside the U.S. to invest in qualifying projects, providing them with an opportunity to obtain U.S. residency through their investment.
Can an EB-5 project be in any industry or sector?
EB-5 projects can be in various industries or sectors, provided they meet specific criteria set by the U.S. Citizenship and Immigration Services, such as creating jobs for U.S. workers and complying with investment regulations.
What are the risks associated with investing in an EB-5 project?
The risks associated with investing in an EB-5 project include potential loss of investment, project delays, regulatory changes, and the possibility of not meeting the job creation requirements necessary for visa approval.
What are the benefits of investing in an EB-5 project?
The benefits of investing in an EB-5 project include obtaining U.S. residency for investors and their immediate families, potential for financial returns, and contributing to job creation in the U.S. economy.
Can I invest in multiple EB 5 projects?
You can invest in multiple EB-5 projects. This approach allows you to diversify your investment portfolio while working toward obtaining U.S. residency through the EB-5 Immigrant Investor Program.
How does an EB-5 project benefit the US economy?
The benefits of an EB-5 project to the U.S. economy include job creation, increased capital investment, and stimulation of local businesses, ultimately fostering economic growth and enhancing overall competitiveness in the global market.
How do EB 5 projects create jobs for Americans?
EB-5 projects create jobs for Americans by directing foreign investment into U.S. businesses, which, in turn, stimulates business expansion and development, allowing for the hiring of American workers to meet increased demand and operational needs.
What are the best EB 5 projects to invest in?
The best EB-5 projects to invest in typically feature strong business plans, vetted job creation potential, and solid financial performance. Conduct thorough due diligence to identify projects with experienced management and a proven track record to maximize your investment's success.
What is the role of a regional center in an EB-5 project?
The role of a regional center in an EB-5 project is to facilitate and manage investment opportunities for foreign investors, ensuring compliance with USCIS regulations while promoting job creation and economic growth in targeted areas.
What is the process for seeking EB-5 project approval?
The process for seeking EB-5 project approval involves submitting a comprehensive business plan, demonstrating job creation potential, and meeting regulatory requirements, followed by a review from the USCIS to ensure compliance with the EB-5 program guidelines.
What is the timeline for receiving a green card through an EB-5 project?
The timeline for receiving a green card through an EB-5 project typically ranges from 18 to 24 months after the application is filed, depending on processing times and individual circumstances.
What types of businesses qualify for EB 5 projects?
The types of businesses that qualify for EB-5 projects include new commercial enterprises, regional centers, and businesses that create or preserve at least ten full-time jobs for U.S. workers.
How does an EB-5 project create jobs for US workers?
EB-5 projects create jobs for U.S. workers by requiring that the investment funds be used to develop or expand businesses, which in turn generate employment opportunities directly and indirectly through various economic activities.
Can an EB-5 project be located anywhere in the US?
EB-5 projects can be located anywhere in the U.S., provided they meet specific program requirements, such as creating jobs and being located in a targeted employment area if applicable.
The EB-5 Immigrant Investor Program is a pathway for foreign nationals to obtain U.S. residency through investment in American businesses. By investing in a qualifying project, investors can secure a Green Card for themselves and their immediate family members, thus facilitating their immigration journey.
This program requires a minimum investment of $800,000 in targeted employment areas or $1,050,000 in other regions, with the expectation that the investment will create at least ten full-time jobs for U.S. workers. It is crucial for potential investors to understand the intricacies of this program, including the types of investments and the associated risks.
Key Requirements for EB-5 Project Approval
To qualify for the EB-5 program, investors must meet specific requirements, including the creation of at least ten full-time jobs for U.S. workers within two years of the investment. Additionally, the investment must be made in a for-profit entity and must be at-risk, meaning there is no guaranteed return on investment.
Investors should also ensure that their chosen project complies with the U.S. Citizenship and Immigration Services (USCIS) guidelines. Thorough due diligence is essential, as it involves evaluating the project’s business plan, financial viability, and the track record of the regional center managing the investment.
The Role of Regional Centers in the EB-5 Process
Regional centers play a vital role in the EB-5 Immigrant Investor Program by pooling investments from multiple investors into larger projects. These centers are designated by USCIS and are responsible for managing the investment process and ensuring that job creation requirements are met.
Investors benefit from partnering with regional centers as they often have established networks and expertise in navigating the complexities of the EB-5 program. By investing through a regional center, investors can focus on their immigration goals while leaving the operational aspects of the project to experienced professionals.
Risks and Benefits of Investing in EB-5 Projects
Investing in EB-5 projects comes with both risks and benefits. On one hand, there is the potential for financial loss if the project fails or does not meet job creation requirements. Additionally, regulatory changes can impact the viability of the investment and the investor's immigration status.
On the other hand, successful investments can lead to obtaining U.S. residency, financial returns, and the opportunity to contribute to economic growth in the United States. Understanding these dynamics is crucial for potential investors to make informed decisions about their participation in the EB-5 program.
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Frequently Asked Questions
What are the regional center EB 5 projects?
Regional center EB-5 projects are investment opportunities facilitated by designated regional centers, which are organizations approved by USCIS. These projects aim to boost economic growth and job creation in targeted areas, allowing foreign investors to qualify for U.S. residency through their investments.
Can multiple investors participate in a single EB-5 project?
Multiple investors can indeed participate in a single EB-5 project. This collaborative investment approach allows for pooled funds, making it easier for projects to meet the required capital threshold for the EB-5 Immigrant Investor Program.
What are the risks of investing in EB 5 projects?
The risks of investing in EB-5 projects include potential financial loss, project failure, and the possibility that immigration benefits may not be granted. Thorough due diligence is essential to mitigate these risks and ensure informed investment decisions.
How do I find reliable EB 5 projects?
Finding reliable EB-5 projects involves researching reputable Regional Centers, reviewing their track records, and assessing the financial viability and transparency of the projects they offer. Always consult with immigration and investment experts before making a decision.
What are the requirements for EB 5 projects?
The requirements for EB-5 projects include a minimum investment of $1 million, or $500,000 in a targeted employment area, job creation for at least 10 full-time U.S. workers, and ensuring the business is a for-profit entity.
How long does an EB-5 project typically take to complete?
The timeline for completing an EB-5 project varies, but it generally takes between 2 to 5 years, depending on factors such as project complexity and regulatory approvals.
What is the minimum number of jobs required for an EB-5 project?
The minimum number of jobs required for an EB-5 project is generally ten full-time positions for U.S. workers within two years of the investor's admission to the United States.
How are EB-5 project funds typically structured?
EB-5 project funds are typically structured as pooled investments where multiple investors contribute capital into a single project, managed by a regional center or project developer, thereby ensuring compliance with EB-5 program requirements and facilitating job creation in the U.S.
How does an EB-5 project generate revenue for investors?
EB-5 projects generate revenue for investors primarily through the operation and success of the business in which they invest, leading to profit-sharing, job creation, and ultimately a favorable return on investment that can enhance their potential for U.S. residency.
What is the EB 5 project approval process?
The EB-5 project approval process involves a series of steps where a proposed investment project is evaluated by U.S. Citizenship and Immigration Services (USCIS) for network compliance, job creation potential, and alignment with the EB-5 program requirements.
Can I get a green card through EB 5 projects investment?
You can obtain a green card through investment in EB-5 projects, as this program allows foreign nationals to gain U.S. residency by investing a specified amount in a qualifying business that creates jobs for U.S. workers.
What is the minimum investment required for an EB-5 project?
The minimum investment required for an EB-5 project is typically $1 million. However, for projects located in targeted employment areas (TEAs), the minimum investment is reduced to $500,000.
Can EB 5 projects be funded by foreign investors?
EB-5 projects can indeed be funded by foreign investors. This program allows individuals outside the U.S. to invest in qualifying projects, providing them with an opportunity to obtain U.S. residency through their investment.
Can an EB-5 project be in any industry or sector?
EB-5 projects can be in various industries or sectors, provided they meet specific criteria set by the U.S. Citizenship and Immigration Services, such as creating jobs for U.S. workers and complying with investment regulations.
What are the risks associated with investing in an EB-5 project?
The risks associated with investing in an EB-5 project include potential loss of investment, project delays, regulatory changes, and the possibility of not meeting the job creation requirements necessary for visa approval.
What are the benefits of investing in an EB-5 project?
The benefits of investing in an EB-5 project include obtaining U.S. residency for investors and their immediate families, potential for financial returns, and contributing to job creation in the U.S. economy.
Can I invest in multiple EB 5 projects?
You can invest in multiple EB-5 projects. This approach allows you to diversify your investment portfolio while working toward obtaining U.S. residency through the EB-5 Immigrant Investor Program.
How does an EB-5 project benefit the US economy?
The benefits of an EB-5 project to the U.S. economy include job creation, increased capital investment, and stimulation of local businesses, ultimately fostering economic growth and enhancing overall competitiveness in the global market.
How do EB 5 projects create jobs for Americans?
EB-5 projects create jobs for Americans by directing foreign investment into U.S. businesses, which, in turn, stimulates business expansion and development, allowing for the hiring of American workers to meet increased demand and operational needs.
What are the best EB 5 projects to invest in?
The best EB-5 projects to invest in typically feature strong business plans, vetted job creation potential, and solid financial performance. Conduct thorough due diligence to identify projects with experienced management and a proven track record to maximize your investment's success.
What is the role of a regional center in an EB-5 project?
The role of a regional center in an EB-5 project is to facilitate and manage investment opportunities for foreign investors, ensuring compliance with USCIS regulations while promoting job creation and economic growth in targeted areas.
What is the process for seeking EB-5 project approval?
The process for seeking EB-5 project approval involves submitting a comprehensive business plan, demonstrating job creation potential, and meeting regulatory requirements, followed by a review from the USCIS to ensure compliance with the EB-5 program guidelines.
What is the timeline for receiving a green card through an EB-5 project?
The timeline for receiving a green card through an EB-5 project typically ranges from 18 to 24 months after the application is filed, depending on processing times and individual circumstances.
What types of businesses qualify for EB 5 projects?
The types of businesses that qualify for EB-5 projects include new commercial enterprises, regional centers, and businesses that create or preserve at least ten full-time jobs for U.S. workers.
How does an EB-5 project create jobs for US workers?
EB-5 projects create jobs for U.S. workers by requiring that the investment funds be used to develop or expand businesses, which in turn generate employment opportunities directly and indirectly through various economic activities.
Can an EB-5 project be located anywhere in the US?
EB-5 projects can be located anywhere in the U.S., provided they meet specific program requirements, such as creating jobs and being located in a targeted employment area if applicable.
The EB-5 Immigrant Investor Program is a pathway for foreign nationals to obtain U.S. residency through investment in American businesses. By investing in a qualifying project, investors can secure a Green Card for themselves and their immediate family members, thus facilitating their immigration journey.
This program requires a minimum investment of $800,000 in targeted employment areas or $1,050,000 in other regions, with the expectation that the investment will create at least ten full-time jobs for U.S. workers. It is crucial for potential investors to understand the intricacies of this program, including the types of investments and the associated risks.
Key Requirements for EB-5 Project Approval
To qualify for the EB-5 program, investors must meet specific requirements, including the creation of at least ten full-time jobs for U.S. workers within two years of the investment. Additionally, the investment must be made in a for-profit entity and must be at-risk, meaning there is no guaranteed return on investment.
Investors should also ensure that their chosen project complies with the U.S. Citizenship and Immigration Services (USCIS) guidelines. Thorough due diligence is essential, as it involves evaluating the project’s business plan, financial viability, and the track record of the regional center managing the investment.
The Role of Regional Centers in the EB-5 Process
Regional centers play a vital role in the EB-5 Immigrant Investor Program by pooling investments from multiple investors into larger projects. These centers are designated by USCIS and are responsible for managing the investment process and ensuring that job creation requirements are met.
Investors benefit from partnering with regional centers as they often have established networks and expertise in navigating the complexities of the EB-5 program. By investing through a regional center, investors can focus on their immigration goals while leaving the operational aspects of the project to experienced professionals.
Risks and Benefits of Investing in EB-5 Projects
Investing in EB-5 projects comes with both risks and benefits. On one hand, there is the potential for financial loss if the project fails or does not meet job creation requirements. Additionally, regulatory changes can impact the viability of the investment and the investor's immigration status.
On the other hand, successful investments can lead to obtaining U.S. residency, financial returns, and the opportunity to contribute to economic growth in the United States. Understanding these dynamics is crucial for potential investors to make informed decisions about their participation in the EB-5 program.
