EB-5 Immigrant Investor Visa

The opportunity to live and work in the United States of America. EB5 visa category allows individuals and their immediate family to obtain U.S. green cards by the means of investment.  Currently, the amount of investment is from $900,000 (within high unemployment areas) and $1,800,000.

Sample of recent EB-5 approvals after Travel Ban (PP9645)

EB-5 program advantages

  • Investor and derivatives will qualify for U.S. Passports and become naturalized after 5 years of presence in the United States (5 years upon entry with U.S. GC).
  • No special requirements for education, experience or language skills.
  • Sponsorship is not required from either an employer or a family member.
  • Investor can choose any State he or she wishes to reside in.
  • Investor and derivatives have the permission to work and/or study in the United States.
  • Investor can establish or get involved in any type of business in the United States in addition to any EB-5 investments.

Side by side comparison of Investment options in U.S.

 E-2L-1EB-5 (Regional Center)EB-5 (Direct)
Investment Amount (USD)Any amount
but enough to buy
or create a business
No minimum.
Any amount required for the business
$900,000 at TEA zone
$1.8 million outside TEA
$900,000 at TEA zone
$1.8
million outside TEA
Gifted InvestmentYesYesYesYes
Borrowed Investment (Loan)Yes (certain rules apply)Yes (certain rules apply)Yes (certain rules apply)Yes (certain rules apply)
Investment LocationAnyAnyTEA (Targeted Employment Areas) or outside TEATEA (Targeted Employment Areas) or outside TEA
Job Creation RequirementsNot required. However, investor must
follow the Business Plan closely
Yes. Investor
must follow the Business Plan closely
10 direct or indirect jobs10 direct jobs
Investor’s RoleInvestor has the option to hire a manager.
Otherwise must be involved in day to day operations
Management/ Executive/ Key EmployeeNo active role requirementInvestor has the option to hire a manager.
Otherwise must be involved in day to day operations
Option to purchase an existing companyYesYesN/AYes, must add 10 full-time jobs
Investor’s Overseas Employment RequiredPrefer to haveYes, 1 year out of the last 3-yearsNoPrefer to have
Country (Passport Specific)Yes. Must be from a Treaty CountryAny (if foreign business is
in certain countries like Iran there are restrictions)
All countries qualifyAll countries qualify
Required to have company outside United StatesNoYesNoNo
Timeline**Usually 2-4 months4-6 months.
Expedited, 15 business
days is available
Avg. 2-Years
Nationality Specific
Avg. 2-Years
Nationality Specific
U.S. Green Card (LPR)May convert to EB-5
only if investment grows. May also qualify under EB-1C
Managers & Directors
may qualify for LPR
after 1-yr of entry under EB-1C
Yes, upon entryYes, upon entry
Fast TrackNoYes (optional)NoNo
1st Visa Issuance2-years (most nationals)Depends on the type of L-1
(consult U.S. lawyer)
Starts with 2-years conditional LPRStarts with 2-years conditional LPR
Maximum LengthRenewable as long as the business is running.
Children over 21 do not qualify for renewal
5- 7 years (consult U.S. lawyer).
Children over 21 do not qualify for renewal
Permanent, upon approved I-829Permanent, upon approved I-829
Who is considered Investor’s Family (Derivative)Spouse & Unmarried Children under 21Spouse & Unmarried Children under 21Spouse & Unmarried Children under 21Spouse & Unmarried Children under 21
Can Your Derivative work?YesYesYesYes
Can Your Derivative Attend School/University?YesYesYesYes
Employment for investorImmediately upon entryImmediately upon entryImmediately upon entryImmediately upon entry
*TEA: Targeted Employment Area refers to “rural area” or an area which has experienced unemployment of at least 150% of the national average rate.
**Average processing time from the receipt dates . Subject to change without any notification.
***This is proprietary information and subject to change and should not be considered as legal advice. It provides a very general outlook in the scope of work.

EB-5 is a great option for

  • Individuals looking to invest and in return obtain safer environment to live in and grow their families.
  • Business owner having existing business outside the US who is looking for more productivity and growth and expansion into the US markets.
  • Existing business owners looking for more business opportunity and tools.
  • Future of children:  looking for better schools and universities where your children may thrive.
  • Looking for better medical services and care.
  • People who want to have higher education for applicant and family without the stress of “what happens after I’m done with my studies?”
  • Less expensive university options (i.e. loan or grants) may be available for legal permanent residents.
  • People looking for more job opportunities.
  • People looking for higher standard of living.
  • Ideal for nationals whose country does not have the Treaty Trade Agreement with the US.
  • Ideal for business savvy entrepreneurs looking for more opportunities.
  • Inventors looking to patent their invention in the United States and reside here thereafter to oversee their invention’s growth.
  • Doctors that failed their USLME exam.
  • People who want to get out of their country because of uncertainties such as financial and/or social Crisis.
  • Expats whose present country does not offer them long-term Citizenship options.
  • Anyone not eligible for any other kind of visa.
  • People who want to work in financial sectors like NY stock Exchange.

EB5 investment options

___________________________________________________________________Direct Individual InvestmentRegional Center Investment
Project typePersonal/Individual project

Investor plays a role in management or policy making

Regional Center project

Not a personal business

Investment $1,800,000

“$900,000” if investment is in a TEA (Targeted Employment Areas) zone with unemployment of at least 150% of the national average rate.

$900,000*
 

*$900,000 if investment is in a TEA (Targeted Employment Areas)zone with higher unemployment rate than national average.

*This amount is subject to change soon.
Regional Center projects are generally located in TEA zone.
Purpose
Obtain U.S. Green Card while operating your own business. Rate of return depends on Investor’s own activities and business acumen.Obtain U.S. Green without having direct involvement in day to day activities of the business.
Potential rate of return is determined by Regional Center.
Job Creation10 full time “direct” jobs for U.S. workers. Investor is directly responsible for job creation10 full time “direct/indirect” jobs for U.S. workers; investor does not get involved in job creation; Regional Center is responsible for creating jobs
Crucial
Requirement*
Lawful Source and path of Funds
No Criminal background
Lawful Source and path of Funds
No Criminal background
Can Investment
be a Gift?
YesYes
Length of Visa2-years conditional permanent residence, then permanent residence assuming job creation and other requirements (i.e. no criminal background) are met2-years conditional permanent residence, then permanent residence assuming Regional Center has created jobs and other requirements (i.e. no criminal background) are met
Country – Specific
bans, and sanctions
Consult with your attorneyConsult with your attorney

*According to the nature of source of funds, different documentation will be required to prove that the investor obtained the funds through lawful means. Besides the lawful source of funds requirement, investor’s ability to trace the path of the funds from the investor to the new commercial enterprise is another crucial requirement.

Moreover, it should be noted that in transferring funds from countries with currency transfer restrictions, the documentation for path of funds can be extremely complicated as several parties may be involved.

Therefore, we highly recommend use of an attorney who specializes in EB-5, in order to maximize your chances of a successful filing that meets all the USCIS requirements.

***This is proprietary information and subject to change and should not be considered as legal advice. This provides a very general outlook in the scope of work. Please consult a professional US Attorney if you choose to move forward***

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