The EB-5 immigrant investor program allows foreign investors and their family members to obtain lawful permanent resident status in the United States via the EB-5 Green Card process. It is regarded as one of the most accessible routes for a complete family to get citizenship in the United States.
You need to invest cash in a new business that employs at least ten US citizens to be eligible for the EB-5 visa. It can be a direct investment in an American company or through an EB-5 regional center.
Investing
The EB-5 Green Card process was created in 1990 by Congress to encourage foreign investors to come to the United States. It allows foreign nationals to receive permanent residency (green cards) by investing a minimum of $800,000 in a US business and creating ten full-time jobs for qualified employees.
The job creation requirement is an essential component of the EB-5 program. A company must be a for-profit business activity in a Targeted Employment Area or outside a TEA and create at least ten jobs for qualifying US workers.
Investment capital must be acquired lawfully, using funds from legal employment, private businesses, real estate, stocks and bonds, inheritance, or a gift. The funds must be invested in a company creating jobs or expanding a previously approved business for the EB-5 program.
If you are considering investing in the EB5 Green Card process, having an accomplished immigration attorney is crucial. They will analyze your investment for immigration compliance and prepare all the necessary paperwork to help you qualify for a green card.
Many families are considering the EB-5 visa process to maximize their child’s chances of studying at an elite American university. An EB-5 green card can make it much easier for a family to attend these schools since in-state tuition is available to EB-5 holders.
Regional Centers
There are several options for EB-5 investors, including making a direct investment or investing through a regional center. Before investing, it’s critical to comprehend the benefits and drawbacks of each.
Most EB-5 investors invest through a regional center because it has many advantages over direct investment. For example, a regional center can count direct and indirect jobs toward their required minimum of 10 full-time jobs.
It is a significant advantage for foreign nationals who want to qualify for residency but are interested in something other than the day-to-day management of a business. In this EB-5 Green Card program type, a foreign national invests in a commercial enterprise and becomes an equity partner with the regional center.
Another benefit of investing through a regional center is that foreign nationals can live and work anywhere in the United States while receiving their green card. It is especially beneficial for people with family in the US, so they can visit and spend time with them.
EB-5 regional centers are unique entities regulated by USCIS (US Citizenship and Immigration Services) and designated to administer EB-5 investment projects. They promote economic growth, regional productivity, and job creation by pooling capital from multiple EB-5 investors to develop a project.
EB-5 regional centers can be located in any geographic area but are almost always found in Targeted Employment Areas (TEA). The funds they raise from immigrant investors are then used to invest in new commercial enterprises in the targeted employment areas. These investments may be in a loan or an equity investment.
Due Diligence
EB5 due diligence is the process of reviewing an EB-5 Green Card project to ensure that it meets all the legal and regulatory requirements for the program. It includes looking at a business developer’s financial activities, management team, and the EB5 Project. It also involves visiting the property and observing the neighborhood and the environment.
Before investing, it’s essential to understand the advantages and disadvantages of each. The parties must share information about each other’s businesses and investments to prevent problems.
In the case of an EB5 investment, the due diligence period is a vital part of the process because it is a time when the buyer can receive full disclosure about the facts and conditions of a potential asset. It is a necessary step to allow the buyer to make an informed decision before committing to the purchase.
It is often performed by equity research firms, fund managers, individual investors, risk and compliance analysts, and companies or broker-dealers pursuing an EB5 green card. It helps determine whether a company is worthy of investment and if they are eligible to receive green card benefits.
Generally, the due diligence process lasts 45 to 180 days, depending on the buyer’s sophistication and the deal’s complexity. Making sure you choose wisely might be tiresome and drawn out, but it is well worth the time and effort.
Petitioning
The EB-5 program is designed to encourage foreign investment in the United States while at the same time generating jobs for American workers. Under the EB-5 immigrant investor visa program, investors can get a green card after making an initial investment and creating a minimum of ten jobs for American citizens or legal residents.
To be eligible for the EB-5 program, you must invest in a US commercial enterprise (i.e., a company that makes money). You could invest in a stock or bond, but it is much more common to invest in the use of cash. The EB-5 process is reasonably straightforward.
A good EB-5 lawyer will help you to file the requisite paperwork and provide the proper supporting documents. They should also explain all the complexities and potential complications that may arise from the EB-5 program.
Completion and approval of the EB-5 petition for a green card take work, and applicants’ success rate is often disappointing. However, it is still possible for the right candidate to obtain a USA Visa by following the EB-5 Green Card process. As of 2023, it takes 12 to 18 months for USCIS to approve an EB-5 I-526 petition from other countries.