THE EB-5 INVESTOR PROGRAM
Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. This sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.
The United States Citizen and Immigration Services (USCIS) department administers the EB-5 Program. Under this program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they:
- Make the necessary investment in a commercial enterprise in the United States; and
- Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
EB-5 applicants are provided with a pre-screening assessment form and Index EB-5 team will review the information provided and confirm your eligibility. This is required by Regulation D of the US Securities Act of 1933. This confirms you as an “accredited” investor or not, to qualify for EB-5.
The next step which is an investment in commercial real estate projects through the designated regional center where the $500,000 investment is structured with a low-interest rate for 5 to 6 years
The legal fees ranges from $12,000 to $25,000 for managing both I-526 and I-829 stages of EB-5 visa. The investor applicant must also budget for USCIS (United States Citizenship and Immigration Service) application fees, for I-526 petition and I-829 petition. The attorney and application fee is non-refundable.
Once you receive approval you will be notified and you will need to make an appointment at your country’s US embassy or consulate for an interview. The embassy/consulate will provide you with the documents to present to the US immigration upon your arrival in the US. Now you have become a Conditional US permanent resident – a green card holder. Approximately two years after your approval there will be a second filing, called Form I-829. Once reviewed and approved by USCIS, they will replace your Conditional Green Card with a Permanent Green Card.