Managing Attorney
The EB-5 Immigrant Investor Program allows foreign investors to apply for U.S. Green Cards by making qualifying investments in U.S. businesses. Congress created this visa program in 1990 to boost the U.S. economy through job creation and capital investment. Investors must create or preserve at least ten full-time jobs for U.S. workers to qualify.
Eligibility Requirements
Investors must meet specific financial and job creation requirements to qualify for an EB-5 visa. Specifically, they must invest in new commercial enterprises and create at least ten full-time jobs for U.S. workers. Investors can apply along with their spouses and unmarried children under 21. Applying investors must prove their funds come from lawful sources. Regional center investors can meet job creation requirements through indirect jobs, while direct investors must create direct employment jobs.
Investment Options: Direct Investment vs. Regional Center Investment
Investors can choose between direct investment and regional center investment to qualify for EB-5 visas. Direct investment requires the investor to manage a new commercial enterprise and directly create ten full-time jobs, such as beginning a construction project that would need to hire construction workers directly. Regional center investment allows for indirect job creation, such as investing in a hotel that would eventually need to hire hotel employees. Many investors prefer regional centers because they do not require daily business management, making the EB-5 process more flexible.
Capital Investment Requirements
EB-5 investors must invest at least $1,050,000 in a U.S. business as of March 15, 2022. If you invest in a Targeted Employment Area (TEA), you can qualify with a lower investment of $800,000. Investors cannot use borrowed funds for their investments. USCIS values capital investments at fair market value in U.S. dollars. Future investment amounts will adjust for inflation every five years.
Job Creation Requirements
Each EB-5 investor must create or preserve at least ten full-time jobs for U.S. workers. Direct investment requires hiring employees who work at least 35 hours per week. Regional center investors can count indirect jobs created by their investment. If applicants intend to invest in troubled businesses, they can qualify by maintaining existing jobs instead of creating new ones. Temporary or seasonal jobs do not count toward this requirement. Investors must prove direct or indirect job creation within two years.
Targeted Employment Areas (TEAs) and Rural Investments
Investors can qualify for lower investment thresholds by investing in TEAs. TEAs are rural areas or locations with high unemployment. Rural areas must be outside metropolitan statistical areas and cities with more than 20,000 people. High-unemployment areas must have unemployment rates of at least 150 percent of the national average.
The EB-5 Visa Process: Step-by-Step Guide
To begin the visa process, you must file a Form I-526E with USCIS to prove you meet EB-5 requirements. After approval, you must apply for an immigrant visa or adjust your status if you already live in the U.S. Once approved, you receive conditional permanent residency for two years. Before the two years end, you must file Form I-829 to remove conditions and prove you met investment and job creation requirements. If approved, you become a lawful permanent resident of the U.S.
Recent Changes and Legislative Updates
The EB-5 Reform and Integrity Act of 2022 introduced new requirements and extended the regional center program until September 30, 2027. It increased minimum investment amounts, changed TEA designations, and added integrity measures to prevent fraud. Investors now face stricter oversight and reporting requirements.
How an Immigration Lawyer Can Help
If you wish to immigrate to the U.S. with an EB-5 visa, an immigration lawyer from Zepeda Law Firm can help you with petition filings and job creation requirements. We can assist you with responding to USCIS requests for evidence and handling delays or denials. Contact us today for a free initial consultation to learn more about what Zepeda Law Firm can do for you.