EB-5 Immigrant Investor Visa |
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The EB-5 investor visa, or the EB-5 green card visa, is an immigrant visa. Consequently, it leads directly to U.S. permanent residency, allowing the EB-5 investor to live and work anywhere within the United States. The green card is issued based on the foreign national's qualifying investment and the resultant job creation. There are no requirements for education, language proficiency, or sponsorship to obtain one's green card. It serves as an ideal option for those with adequate financial resources. Additionally, the primary investor can secure green cards for their spouse and unmarried children under the age of twenty-one without the need for additional investment.
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What are the general EB-5 requirements? |
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To qualify for the EB-5 Immigrant Investor Visa Program, the foreign national must invest $1,050,000 USD in a new commercial enterprise. Under certain circumstances, this investment can be reduced to $800,000 USD. Additionally, the investment must lead to the creation of ten full-time direct jobs, and the capital should remain at risk throughout the process.
If the investment is located within a Targeted Employment Area (TEA), the investor can avail the benefit of a reduced investment of $800,000 for the green card. Targeted Employment Areas are identified as rural regions or areas with high unemployment rates as designated by USCIS. |
Regional Center EB-5 Investment |
Investors considering the EB-5 visa have two potential paths. The most commonly chosen route is through a USCIS-approved Regional Center. EB-5 Regional Centers are economic units that promote EB-5 projects. Contrary to what the name might suggest, they are not physical "centers" where an investor's funds are placed. Rather, an EB-5 project facilitates the EB-5 investment for a variety of investors. This is deemed a passive investment, as the EB-5 investor is not obligated to work at or live near the business where their investment resides. Furthermore, the investor is not held accountable for fulfilling immigration requirements such as job creation; this responsibility falls to the project, which also manages the daily operations of the business.
The majority of prospective EB-5 investors opt for Regional Center projects, as most of these projects are located in TEAs, enabling investors to secure their green card for $800,000 USD. This offers project developers an affordable means of raising funds while freeing the EB-5 investor from the responsibilities of running the business and meeting immigration requirements. |
How do I make an investment in an approved EB-5 Regional Center? |
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Take the following example: Simon, a UK national, is keen on acquiring a green card through an EB-5 investment. After consulting with an EB-5 attorney and investigating numerous Regional Center projects, he finds an investment opportunity that suits his needs.
Simon then proceeds to review the pertinent documents, subscribes to the EB-5 project, and transfers his investment to the project's escrow account. Simon's immigration attorney prepares the EB-5 visa petition (known as the I-526 petition) and submits it to USCIS. Throughout this process, the EB-5 project keeps Simon regularly updated on its progress and development. Once USCIS approves the petition and Simon obtains his immigrant visa, he makes his first entry into the United States as a permanent resident. At this point, he has the freedom to reside anywhere in the country, start his own business, or seek employment with an existing company. He continues to receive updates about the EB-5 project as it progresses. |
Direct EB-5 Investment |
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Another pathway to obtain the EB-5 green card is through a direct investment. Unlike the Regional Center model which utilizes pooled funds from multiple foreign investors, a direct EB-5 investment typically involves a single investor seeking to establish their own business in the United States. This investor will be responsible for ensuring EB-5 compliance - this includes hiring ten full-time employees, ensuring the investment remains 'at risk', and crucially, making the required investment.
For the investment to be deemed 'at risk', it means the funds must be spent and subjected to market losses, rather than sitting idle in a business operating account. Merely allocating $800,000 USD to the account without spending it will not meet the EB-5 visa criteria. As with the Regional Center investment, the direct investment sum can be reduced from $1,050,000 USD to $800,000 USD if the business is located in a Targeted Employment Area (TEA). The direct EB-5 investment route is not suitable for everyone. While many clients successfully operate companies outside of the U.S., they may find American business culture and practices unfamiliar. Moreover, not all business models are a good fit for the direct EB-5 project, especially if they do not require ten full-time employees. |
The Barella Global Advantage |
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Barella Global distinguishes itself as a leading EB-5 immigration law firm, providing bespoke concierge services tailored to our investor clients. We prioritize the EB-5 visa category, staying informed and adapting to the most recent developments in the EB-5 landscape. We take pride in being the only U.S. immigration law firm in Europe that maintains a dedicated EB-5 visa website HERE. Our online platform offers comprehensive information about the EB-5 green card scheme and the services we provide.
To gain deeper insights into the EB-5 green card, arrange a consultation with our experienced EB-5 visa lawyer. We welcome EB-5 investors at all our offices in the UK and Europe. |
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