Program Overview
USCIS administers the EB-5 Immigrant Investor Program (Employment Based, 5th Category) , which was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. The EB-5 visa program is operated by United States Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security, and enables foreigners who make an investment in a U.S. business to obtain a green card and become lawful permanent residents. The goals of the program are to spur economic growth and to promote job creation, in particular in undercapitalized areas.
To obtain an EB-5 Visa, individuals must invest $1,050,000 (or $800,000 if the investment is made in a project located within a Targeted Employment Area) in a job-creating enterprise that is creating or preserving at least 10 jobs for U.S. workers. EB-5 Investments may be made directly into a project or through a Regional Center.
Under a program investors may qualify for EB-5 classification by investing through regional centers designated by USCIS based on proposals for promoting economic growth. EB-5 Regional Centers are organizations authorized by USCIS to receive and manage EB-5 investor funds.
On March 15, 2022, President Biden signed the EB-5 Reform and Integrity Act as part of the Consolidated Appropriations Act, 2022 (Public Law 117-103), which created new requirements for the EB-5 immigrant visa category and the Regional Center Program. The new program offers improvements for investors that make it more attractive than ever and provides a long-term authorization to the program through Sept. 30, 2027.
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Eligibility Criteria for EB-5
PlanMyMigration is a leading EB-5 investment advisory firm registered with USCIS. We have successfully assisted thousands of families in navigating through the EB-5 visa program.
To qualify for the EB-5 Program, we list below the principal requirements. These are:
- Minimum Investment : The EB-5 investor must contribute a minimum amount of US$800,000 in capital if the investment is located in a rural area; high unemployment area or infrastructure project. Otherwise, the investment amount is US$1,050,000.
- Lawful Source of Funds -The investor must provide proof that the funds were lawfully source and legally traceable through corroborative evidence.
- At Risk Funds- The investment must be 'at risk' of profit or loss.
- Investment in New Commercial Enterprise - The investor's capital is invested in a private company sponsored by the Regional Center. That company is known as a New Commercial Enterprise.
- Job Creation: Each EB-5 investor must generate at least ten (10) new full-time jobs as a consequence of his or her investment.
- One investment covers investors, spouses & unmarried children under age 21. The unmarried children must be below the age of 21 at the time of filing the EB-5 petition.
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EB-5 Visa Benefits
1. Investors, spouses, and unmarried children under 21 years of age can all receive Green Cards by making one investment.
2. Green Card holders get the right to live, work, study, set up a business anywhere in U.S.
3. E-2 visas allow the beneficiary's spouse and children under age 21 to obtain dependent E-2 visas.
4. Green Card holders may attend US schools and universities at the same cost as US citizens and get access to reduced tuition fees at state universities.
5. Gain access to the same high-quality healthcare available to US citizens.
6. Third parties manage the EB-5 visa applicant's investment and all aspects of the project without the need for the investor to undertake tedious compliance.
7. Proficiency in English, Age and any business experience is not necessary to be eligible to apply for the program.
8. If applicants are on a valid U.S. visa already living in the US, they may be granted a work and travel permit and remain in the US and start working while their EB-5 petition is pending with USCIS.
9. EB-5 Visa provides the fastest route to becoming a U.S. Green Card holder.
10. Permanent residency comes with the option of applying for US citizenship after 5 years.