EB-5 PROGRAM
Employment-Based Fifth (EB-5) Immigrant Investor Program
USCIS administers the EB-5 Program. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for lawful permanent residence (become a Green Card holder) if they:
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Make the necessary investment in a commercial enterprise in the United States; and
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Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
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This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive.
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, which 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.
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Per the EB-5 Reform & Integrity Act of 2022 (EB-5 RIA 2022), the minimum capital investment required for a TEA project is $800,000 USD and for non-TEA projects is $1,050,000 USD.
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USCIS website for the EB-5 Program: https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program
Direct EB-5 Regional Center EB-5
Advantages of the Regional Center EB-5 program
01.
Passive Investment
Regional Center EB-5 allows investors to participate in projects managed by experienced professionals, offering a more passive investment approach compared to the direct program.
02.
Job Creation Flexibility
Regional Center projects often use indirect job creation calculations, providing more flexibility in meeting the EB-5 job creation requirements, which can be challenging in the direct program.
03.
Diverse Project Options
Investors in Regional Centers can choose from a variety of pre-approved projects, ranging from real estate developments to infrastructure projects, providing a broader range of investment options.
04.
Risk Mitigation
Regional Center projects may distribute risk across multiple investors and industries, potentially reducing the impact of unforeseen challenges on individual investors compared to direct investments.
05.
Geographic Flexibility
Regional Centers can operate in targeted employment areas (TEAs), which may have lower investment thresholds and facilitate investment in areas with high unemployment, broadening geographic options for investors.
06.
Limited Management Responsibility
Regional Center investors are not actively involved in day-to-day management, allowing them to focus on immigration goals without the need for direct business oversight.
07.
Easier Adjudication
Regional Center projects often have a more established track record, potentially leading to smoother adjudication processes with U.S. Citizenship and Immigration Services (USCIS) compared to individually managed businesses.
Additional Information
Visa Cap, EB-5 Reform and Integrity Act of 2022, and More