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.
STEP 1
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.
STEP 2
The next step which is an investment in commercial real estate projects through the designated regional center where the $800,000 investment is structured with a low-interest rate for 5 to 6 years
STEP 3
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.
STEP 4
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.
The Processing Timeline
The least amount of time investors must take into account in order to have their EB-5 visa processed is a year after which they can enter the United States. Depending on the country that they investors belong to, the processing time may differ and may even take longer. Speaking to your immigration attorney can help you figure out the expected time in order to have the application processed within your country.
Keeping ourselves in the shoes of the investors, we find out the best investment projects that can create the necessary jobs as per the requirement of the application criteria. With world-class attorneys as well as business partners who are exceptionally knowledgeable about the entire process of EB-5 visa program, your transition of heading to the US is made easier and smoother without causing you unwarranted stress.
