EB-5 Step by Step

Obtaining a green card through the EB-5 visa program involves completing four general steps, which once completed, will result in the EB-5 investor, their spouse, and unmarried children under 21 years old becoming permanent residents of the United States. The steps involved in the EB-5 application process are:

Choosing an Eb-5 Project

Choosing an investment project can be an extensive process for EB-5 investors. However, there are steps to take to make this monumental decision efficiently and effectively. Due to the market’s consistency and transparency, investors must strongly prefer commercial real estate projects.

Surrounding with legal and financial advisors is imperative when selecting an eb5 investor program, as immigration law compliance issues and financial risks are involved with the process. The following points focus on regional center project-related factors to consider when making this critical decision.

Here are some important aspects of a regional center project to keep in mind when making your decision:

First, ensure you understand the eb-5 visa requirements and the different types of investment to new commercial enterprise options available. There are two main categories of EB-5 projects: direct investments and investments through an eb5 regional center. Each has its own set of benefits and risks.

Next, consult with legal and financial advisors to get expert opinions on the project you’re considering. There are many compliance issues to be aware of, and you want to ensure your investment is as safe as possible.

The Investor Subscription Agreement and Private Placement Memorandum shall comply with the Securities and Exchange Commission (SEC) and the USCIS.

Finally, do your research on the project and the company behind it. Request information about their business plan, financial projections, and past performance. Carefully review all materials before making your final decision.

By taking the time to understand the EB-5 program and consult with an investor company in River Oak to choose an investment project that meets your needs and gives you the best chance of success.

Regional Centers

A public or private economic organization in the United States that fosters economic growth and economic development is known as EB 5 regional center. Although EB-5 investors can establish their own New Commercial Enterprises, most EB-5 visa applicants typically invest through a Regional Center.

A project must accompany every application to the USCIS for regional center approval. USCIS chooses regional centers to take part in the Immigrant Investor Pilot Program.

Direct Investments

Any investment not made through a regional center program is considered an EB5 direct investment. Direct investments include things like creating your own company, buying an existing company, and making investments in an existing company.

Direct investments usually require a higher minimum investment amount than indirect investments and more hands-on involvement from the investor.

What Is the Future of Eb-5 Projects in the United States?

EB-5 remains an attractive financing option for commercial real estate developers in the United States. However, it has been challenging for the various EB-5 sector participants and the U.S. government to come to an agreement on how to improve the EB-5 program. This is why passing EB-5 legislation in Congress can be challenging, particularly the reauthorization of the own regional center designation.

According to industry analysts, a clause reauthorizing regional center investment is anticipated to be included by Congress in a February 2022 appropriations package initially expected in December 2021. These forecasts are speculative, of course, and prospective regional center investors could need to hold off on starting the EB-5 procedure for many more months.

For the direct EB 5 visa investments, the situation is very different. Government renewal is not a requirement for direct EB-5 investors. Many investors have learned to value the many benefits direct EB-5 development projects offer, including the possibility for higher returns and more influence over corporate operations.

Direct investors can still participate in the EB-5 program for as little as $500,000 even if USCIS appealed the court decision that reduced the investment requirement. In 2022, direct EB-5 projects are projected to continue to be popular.

Step 1: Locating an EB-5 Project

The first step in the EB-5 application process is for the applicant to locate a suitable business project to invest in. Generally, EB-5 business projects come in the form of either new commercial enterprises or regional center projects. Applicants may seek assistance from overseas migration agents in locating the project that best suits their needs. It is important to ensure that accredited investor income requirements are met before proceeding with the EB-5 process.

Step 2: Capital Investment and I-526 Petition

Once a suitable project has been identified, the EB-5 applicant must make the required capital investment amount in the project of their choosing. The investment must be either $1.05 million or $800,000 if the project is located in a Targeted Employment Area (TEA). Typically, these investments are made into an escrow account. The applicant’s immigration attorney will provide proof of investment by filing an I-526 petition with the United States Citizenship and Immigration Services (USCIS). After 31 to 52 months, USCIS informs the applicant whether or not their I-526 petition has been accepted. If the petition is denied, most regional centers will refund the investment.

Step 3: Two Year Conditional Permanent Residency

The third step in the EB-5 application process involves the applicant becoming a two-year conditional resident of the United States so they can implement the project funded by their EB-5 investment. EB-5 investors are eligible to become U.S. residents once their I-526 petition has been approved by USCIS. Residency can be obtained in one of two ways. If the EB-5 investor already has lawful status in the United States, then they must file Form I-485 to adjust their status to conditional permanent resident. If the investor does not have lawful status in the United States, then they must file for an immigrant visa by submitting Form DS-260 to the National Visa Center and must process through the U.S. consulate or embassy in their home country. An immigration attorney’s help is typically required for both of these steps. The immigrant visa is usually issued in six to twelve months. During the two year conditional residency period, the investor must fulfill physical presence requirements and cannot remain outside of the United States for more than one year without obtaining a re-entry permit.

Step 4: Unconditional Permanent Residency and the I-829 Petition

The final step in the EB-5 visa process is for applicants to become unconditional permanent residents by removing their two-year conditional status. The applicant must submit the I-829 petition to USCIS 90 days before the second anniversary of the date that they first received their conditional residency. This application proves that the investor has met all requirements of the EB-5 visa program. USCIS typically issues a permanent green card 22 to 45 months after the I-829 has been submitted. Once the green card has been issued, the investor, their spouse, and unmarried children under the age of 21 can permanently live and work in the United States. After five years from the date they received their initial conditional residency, they can also apply to become U.S. citizens.

EB-5 Green Card Process for Qualified Investors

The EB-5 Immigrant Investor Program is a US immigration program that allows foreign investors to become permanent US residents by investing in job-creating projects in the United States. For many, it’s a great way to gain access to the US and its benefits.

But how does the process work? Let’s explore the steps needed to invest in an EB-5 Green Card.

Step 1 – Qualifying for an EB-5 Visa

The first step is determining if you meet the requirements for an EB-5 visa. To qualify, you must have invested or be in the process of investing at least $1 million into a new commercial enterprise in the US (or $500,000 if investing in certain targeted employment areas). Additionally, you must demonstrate that your investment will create full-time jobs for at least 10 American workers.

Step 2 – Selecting an Investment Project

Once you’ve determined that you are eligible for an EB-5 visa, the next step is selecting an investment project. There are many options available, from real estate development projects to manufacturing plants or even service businesses such as restaurants and hotels. It’s important to choose a project that meets your needs and fits within your budget.

Step 3 – Making Your Investment

Once you’ve selected your project, it’s time to make your investment. This can be done through either direct investment or regional center investment. With direct investment, you must manage all aspects of your business yourself; with regional center investment, you can invest in pre-approved projects managed by experienced professionals who will handle all of the details on your behalf.

Step 4 – Filing Your Immigrant Petition

The final step is filing Form I-526 with USCIS and submitting all necessary supporting documents (including evidence of job creation). Once filed, USCIS will review your application and determine whether or not you meet their requirements for approval. If approved, you will receive conditional permanent residency status based on your investments and job creation activities.

Step 5 – Removing Conditions

After two years of receiving conditional permanent residency status, investors must file Form I-829 with USCIS to remove their conditions and receive full permanent residency status in the United States—a critical step that should not be overlooked!

After these five steps are complete, eb-5 investors will have received their green card and can enjoy all of the benefits that come along with being a lawful resident of the United States!

Benefits of the EB5 Visa Program for the US and Its Citizens

The EB-5 Visa Program proved to be a great benefit for the US and its citizens. This program allows foreign investors to live and work in the country, investing in new businesses and creating jobs for the local communities.

In short;

Economic expansion.
Creation of jobs.
Developing in less-served regions.

By doing so, these entrepreneurs help stimulate local economies, boost revenues, and strengthen industries. As their investments expand, they bring experienced workers to their projects while helping existing American workers increase their wages and benefits.

Furthermore, the EB-5 visa holders have the freedom to engage in any investment activity of their choice as long as it adheres to the laws lay down by the US government.

In that way, EB-5 visas provide many of invaluable economic opportunities for both foreign investors and US citizens alike.

EB-5 Immigrant Investor Program- Free EB-5 Visa Consultation

The EB-5 Immigrant Investor Program provides a unique avenue for individuals and families to receive their permanent residency in the United States.

It allows qualified foreign investors to obtain a Green Card by investing $900,000 in an approved project that creates jobs in the U.S., such as regional centers.

As this program is highly specialized, it is important to consult with an EB-5 migration specialist who can help you navigate the process smoothly.

At EB 5 River Oak, we provide free EB-5 visa consultation, which makes it easier and more accessible for those interested in joining this program. Our experienced team of experts helps guide you through the documentation process quickly and efficiently so you can enter the country sooner.