USA Green Card

EB-5

EB-5 Visa Program:

Employment-Based (EB) Visas

The Immigration and Nationality Act permits the government to issue 140,000 employment-based visas each year. These 140,000 visas are divided among five preference categories: EB-1, EB-2, EB-3, EB-4, and EB-5.

Once issued, an employment-based (EB) visa allows a foreign worker and their family to live and work lawfully in the United States as permanent residents.

EB-5 Visa

The EB-5 Visa program, formally known as the Immigrant Investor Visa Program, offers a unique pathway for individuals worldwide to achieve U.S. permanent residency. By making a qualifying investment in a new U.S. commercial enterprise, participants can obtain conditional green cards for themselves and their immediate family members. After two years, they can apply to have the conditions removed, securing permanent residency.

The investment thresholds vary depending on the location of the enterprise, with a lower threshold for targeted employment areas. The program provides substantial benefits to both investors and the U.S. economy by stimulating economic development and creating jobs.

The EB-5 program has gained increasing popularity among investors seeking immigration benefits and potential financial returns. It plays a critical role in driving economic growth and job creation across the United States

Step 1: Choose a Qualifying EB-5 Project:

To begin your EB-5 journey, you need to select a project that aligns with the program’s requirements. Choosing the right project is crucial, as it ensures not only the possibility of obtaining Green Cards for you and your family but also the timely return of your investment.

Investment Requirements

EB-5 applicants are required to invest $1 million, or $500,000 if the investment is in a Targeted Employment Area (TEA). TEA designations apply to projects located in rural or high unemployment areas.

Job Creation

Creating 10 full-time U.S. jobs is a key requirement for EB-5 success. The Regional Center Program allows for the inclusion of indirect and induced jobs in meeting this requirement. In contrast, the direct EB-5 program counts only direct job creation.

Step 2: Make Your Investment and File Your EB-5 Petition:

Filing Requirements

Your filing must demonstrate the lawful acquisition of your invested capital, include a credible business plan, and show job creation directly related to your investment.

I-526 Denial Refund Guarantee

Some projects offer I-526 denial refund guarantees, but it’s crucial to evaluate the guarantor’s capability to fulfill this promise.

Step 3: Conditional Permanent Residency:

Upon receiving I-526 approval, you can obtain conditional permanent residency either through Form I-485 (if you’re within the U.S.) or Form DS-260 (if you’re abroad). This conditional residency is valid for two years.

I-526 Denial Refund Guarantee

While certain projects may provide I-526 denial refund guarantees, it’s imperative to thoroughly evaluate the guarantor’s capacity to uphold such commitments.

DS-260 Application Process

If you’re outside the United States, you must submit a DS-260 application for conditional permanent residency, which is processed at a U.S. Consulate or Embassy

Step 4: Removal of Conditions:

The final step entails becoming an unconditional permanent resident upon filing an I-829 petition, which necessitates presenting evidence demonstrating fulfillment of all EB-5 program requirements.

I-829 Filing Requirements

Your filing must include documentation of job creation, maintenance of the commercial enterprise, and more.

USA Green Card

EB-5

EB-5 Visa Program:

Employment-Based (EB) Visas

EB-5 Visa