What is the EB-5 Immigrant Investor Program?

eb-5 attorneys applicationWhile there are many opportunities available to immigrate into the United States, investing could be the most realistic method for some newcomers to get their green card. This is where the EB-5 Visa comes in. However, not all investing options are made equally.

To meet EB-5 investor visa requirements, foreign investors must make an at-risk capital investment in a for-profit U.S. business entity or in a Regional Center.

The required investment amount depends on which project you invest in. EB-5 investments must alsogenerate ten fulltime jobs for at least two years. This article hopefully will giveanswers and provide direction for individuals seeking to immigrate to the United States investing their hard-earned money.

Yet, the EB-5 visa is not what it used to be. You need a skilled lawyer to give you correct advice because it is a very complicated and intricate process.

Is the EB-5 Immigrant Investor Program the Same Today As It Was In 1990?

Did you know the American government has changed the rules? It’s true. The U.S. Department of Homeland Security has now made several significant changes to the EB-5 Immigrant Investor Program that went into effect on November 21, 2019.

Why did they make these changes?

There are several factors. First, they want to provide priority date retention to certain EB-5 investors; they want to increase the required minimum investment amounts to account for inflation; they want to improve certain targeted employment areas or (TEA) designations; they want to make clear USCIS procedures for the removal of conditions on permanent residence; and lastly, they are making other revisions for simplicity reasons.

Why Does the EB-5 Program Exist?

The EB-5 Immigrant Investor Program was authorized by Congress in 1990 to fuel the U.S. economy through job creation and capital investment by foreign investors.

All EB-5 investors must invest in a new commercial enterprise. Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business, including, but not limited to: A sole proprietorship; partnership (whether limited or general); holding company; joint venture; corporation; business trust; or other entity, which may be publicly or privately owned.

This definition also includes commercial enterprises made up of a holding company and its branches, if each is engaged in a lawful for-profit activity.

How Much Money Must You Invest to Qualify?

The amount ofinvestment to qualify is now $1,800.000. However, immigrant investors can invest in a targeted employment area (TEA) which are areas suffering from high unemployment. By doing so, it lowers the investment to about $900,000.

The program also allows investment in an economic entity called a regional center. These centers were implemented to encourage economic growth, increase export sales, improve regional productivity, job creation, and increased domestic capital investment. Private corporations or states can apply to become regional centers. Investments within a regional center provide foreign immigrantsa better way to tally jobs for purposes of meeting the 10-job creation requirement.

If you or someone you know is interested in applying for an EB-5 Visa, contact us today to properly guide you through this complex and time-consuming process.

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