Employment Based Visas for the Immigrant Investor
Pathway to U.S. Permanent Residency for the Immigrant Investor
The EB-5 Immigrant Investor Program is a U.S. immigration pathway for individuals who make a significant investment in a U.S.-based business that creates jobs for American workers. The program offers permanent residency (a green card) for investors, their spouses, and unmarried children under 21. Below is a comprehensive explanation of the EB-5 immigration process.
Who is Eligible for the EB-5 Visa?
Eligibility Requirements
- Investment Amount:
- Minimum investment of $1,050,000 in a U.S. business.
- Reduced investment of $800,000 if the business is located in a Targeted Employment Area (TEA):
- Rural area.
- Area with high unemployment (150% of the national average).
- Job Creation:
- The investment must create or preserve at least 10 full-time jobs for U.S. workers within two years of the investor's admission to the U.S. as a conditional permanent resident.
- Types of Investments:
- Direct Investment: Involves creating and managing your own business.
- Regional Center Investment: Investing in government-approved Regional Centers that pool funds for large-scale projects (e.g., real estate, infrastructure).
How to Apply for the EB-5 Visa
STEP 1: Choose Your Investment
STEP 2: File Form I-526E (Immigrant Petition by Regional Center Investor) or I-526 (Direct Investor)
STEP 2: File Form I-526E (Immigrant Petition by Regional Center Investor) or I-526 (Direct Investor)
- Direct Investment:
- Choose or establish a new business in the U.S.
- Actively participate in the business’s management.
- Regional Center Investment:
- Select an EB-5 Regional Center project from USCIS-approved centers.
- These projects typically handle job creation requirements and operational management, making it a more passive investment option.
STEP 2: File Form I-526E (Immigrant Petition by Regional Center Investor) or I-526 (Direct Investor)
STEP 2: File Form I-526E (Immigrant Petition by Regional Center Investor) or I-526 (Direct Investor)
STEP 2: File Form I-526E (Immigrant Petition by Regional Center Investor) or I-526 (Direct Investor)
This step involves submitting a petition to U.S. Citizenship and Immigration Services (USCIS) to demonstrate your eligibility as an EB-5 investor.
What to Include:
- Evidence of the lawful source of investment funds.
- Business plan showing how the investment will meet job creation requirements.
- Proof of the investment being placed “at risk” (meaning it is subject to potential loss based on business performance).
Processing Time:
- Typically 24–36 months but can vary based on case complexity.
STEP 3: Wait for Priority Date to Be Current
STEP 2: File Form I-526E (Immigrant Petition by Regional Center Investor) or I-526 (Direct Investor)
STEP 3: Wait for Priority Date to Be Current
- The priority date is the date USCIS receives your I-526 or I-526E petition.
- Monitor the Visa Bulletin to determine when your priority date becomes current.
- EB-5 visa availability is subject to country caps, and some countries (e.g., China, India) may face backlogs.
STEP 4: Apply for Conditional Green Card
STEP 4: Apply for Conditional Green Card
STEP 3: Wait for Priority Date to Be Current
Once your Form I-526 or I-526E is approved and your priority date is current, you can apply for conditional permanent residency:
A. Adjustment of Status (If in the U.S.)
- File Form I-485, Application to Adjust Status, with USCIS.
- Submit supporting documents, including medical examinations and proof of lawful presence.
- Processing Time: 8–14 months.
B. Consular Processing (If Outside the U.S.)
- The National Visa Center (NVC) will process your case and schedule an interview at the U.S. consulate or embassy in your home country.
- You’ll need to provide evidence of I-526 approval, financial documentation, and other supporting materials.
STEP 5: Conditional Permanent Residency
STEP 4: Apply for Conditional Green Card
STEP 5: Conditional Permanent Residency
- If approved, you and your family will receive conditional green cards valid for 2 years.
- During this period, you must demonstrate that the investment has met the job creation and financial requirements.
STEP 6: Remove Conditions on Residency
STEP 4: Apply for Conditional Green Card
STEP 5: Conditional Permanent Residency
Before the conditional green card expires, file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status within 90 days before the expiration date.
What to Include:
- Evidence that the investment created or maintained at least 10 full-time jobs.
- Proof that the investment was sustained throughout the conditional period.
Processing Time:
- Typically 24–30 months for Form I-829.
If approved, the conditions on your residency will be removed, and you will receive a permanent green card.
Why Pursue the EB-5 Visa?
Obtain Permanent Residency in the U.S.
The EB-5 visa is a prestigious category for those willing to invest in the U.S., offering:
- No Sponsorship Required:
- Investors can self-petition without a U.S. employer or family sponsor.
- Permanent Residency for Family:
- Spouse and children can live, work, and study in the U.S.
- Path to Citizenship:
- After 5 years of permanent residency, EB-5 investors and their families can apply for U.S. citizenship.
- Flexibility:
- EB-5 visa holders are not tied to a specific employer or location.
If you believe you qualify for the EB-5 visa, ensure your application is meticulously prepared with strong documentation to highlight your extraordinary abilities or achievements
Additional Considerations for EB-5 Visa?
Obtain Permanent Residency in the U.S.
- Dependents:
- Spouses and unmarried children under 21 can apply as derivative beneficiaries.
Cost Breakdown
- Investment Amount:
- $1,050,000 (standard).
- $800,000 (Targeted Employment Area).
- USCIS Filing Fees:
- Form I-526/I-526E: $11,160.
- Form I-485 (Adjustment of Status): $1,440.00.
- Form I-829: $9,525:
- Other Costs:
- Legal fees, due diligence for investments, and administrative fees for Regional Centers.
Considerations
- Risk: The investment must remain "at risk" for the entire period. There is no guarantee of financial return.
- Visa Availability: Monitor the Visa Bulletin for backlogs, especially if you are from a high-demand country like China or India.
- Compliance: Ensure accurate documentation of the investment source and job creation metrics.
Timeline Overview
- Form I-526/I-526E Approval: 24–36 months.
- Adjustment of Status or Consular Processing: 8–14 months.
- Conditional Green Card Period: 2 years.
- Form I-829 Approval: 24–30 months.
Total timeline: Approximately 5–7 years to obtain a permanent green card, depending on processing times and visa availability.
The EB-5 program offers a direct path to U.S. permanent residency for investors and their families. If you need help navigating the process or understanding your investment options, feel free to ask!
Ready to begin your EB-5 Visa Journey?
Let the Experts at New Path Group Services Help Through the Process
If you’re unsure about which visa option may be right for you and your partner, or you just want to discuss your immigration plans in more detail, reach out to our team today. Our experienced team of visa specialists can walk you through the specifics of each visa path, and help you choose the best route based on your needs.
