EB-5 Immigrant Investor Visa |
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The EB-5 investor visa, or EB-5 green card visa, is an immigrant visa. As such, it leads directly to US permanent residency - allowing the EB5 investor to live and work anywhere they wish within the United States. The green card is issued based on the foreign national's qualified investment and resulting job creation. There are no educational, language, or sponsorship requirements to obtain one's green card. It is an ideal option for those with the financial means. The principal investor may also obtain green cards for their spouse and unmarried children under the age of twenty-one without making any further investment.
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What are the general EB-5 requirements? |
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To qualify under the EB-5 Immigrant Investor Visa Program the foreign national must invest $1 million USD in a new commercial enterprise. Under certain circumstances the investment can be reduced to $500,000 USD. The investment must also create ten full-time direct jobs, and the money must remain at risk throughout the process.
If the investment is located in a Targeted Employment Area (TEA), the investor may take advantage of the reduced $500,000 green card scheme. Targeted Employment Areas are defined as rural areas or areas of high unemployment – where unemployment is at least 150% over the national average rate. |
Regional Center EB-5 Investment |
There are two paths for investors considering the EB-5 visa. The most popular route is through a USCIS approved Regional Center. EB-5 Regional Centers are economic entities used to promote an EB-5 project. Unlike the name suggest, they are not a physical “center” where an investor’s money is placed. Instead, an EB-5 project facilitates the EB-5 investment for a number of different investors. It’s considered a passive investment, as the EB-5 investor is not required to work at the business where their investment is located or even live near their investment. Additionally, the investor is not responsible for ensuring the immigration requirements are met (i.e. job requirements) – the project handles that, as well as running the day-to-day operations of the business.
The vast majority of potential EB-5 investors choose Regional Center projects as they can obtain their green card for $500,000 USD due to the fact that most Regional Center projects are located in a TEA. It’s an affordable way for project developers to raise funds and relieves the EB-5 investor from the responsibility of running the business and meeting the immigration requirements. |
How do I make an investment in an approved EB-5 Regional Center? |
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Consider the following example.
Simon is a UK national interested in making an EB-5 investment for a green card. After consulting with an EB-5 lawyer and researching a number of Regional Center projects, Simon settles on an investment opportunity. Simon then reviews the relevant documents, subscribes to the EB-5 project, and transfers his investment to the project’s escrow account. Simon's immigration lawyer prepares the EB-5 visa petition (I-526 petition) and files it with USCIS. The EB-5 project provides Simon frequent updates regarding the project and its development. Once the petition is approved by USCIS and Simon obtains his immigrant visa, he enters the United States for the first time as a permanent resident. He is free to live anywhere in the country he wishes, and may also start his own business or seek employment through an existing company. He continues to receive updates regarding the EB-5 project. |
Direct EB-5 Investment |
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The second option for obtaining the EB-5 green card is a direct investment. A direct EB-5 investment does not used pooled funds from multiple foreign nationals to fund the EB-5 project. Rather, a direct EB-5 investment is typically a sole investor looking to start a business in America. The investor invests in their own business venture and would be responsible for all EB-5 compliance – such as hiring ten full-time employees, ensuring the investment remains at risk, and most importantly, investing the required amount of funds. This means the investment funds must actually be spent. An investor will not qualify for the EB-5 visa by simply spending $100,000 USD and leaving the remaining $900,000 USD idle in a business operating account. The investment must be ‘at risk’ in the commercial sense, which is interpreted as being subject to market loss (i.e. the money must be spent to count towards the investment requirement).
As is the case with the EB-5 Regional Center investment, the direct investment may be reduced from $1 million USD to $500,000 USD if located in a TEA. The direct EB-5 investment is not for everyone. While many clients run successful companies outside of the US, some may be unfamiliar with American business practices or culture. Additionally, not all businesses are a good fit for the direct EB-5 visa project as they do not require ten full-time employees. |
The Barella Global Advantage |
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Barella Global is a premier EB-5 immigration law firm offering bespoke EB-5 concierge services to our investor clients. Unlike many US immigration law firms who handle EB-5 visa matters, Barella Global places a special emphasis on the visa category, staying up-to-date on the most recent EB-5 developments. We are the only US immigration law firm in Europe to maintain a dedicate EB-5 visa website, www.lawyereb5.com, which contains detailed information regarding the EB-5 green card scheme and the services we offer.
To learn more about the EB-5 green card contact our EB-5 visa lawyer to arrange a consultation. Both our London and Brussels offices accommodate EB-5 investors. |
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