Requirements For EB-5
EB-5 Navigation
[Understanding EB-5 Visa Requirements]
Key Criteria for Immigrant Investor Program
Required Investment Amount:
1: $1,050,000 in a standard investment.
2: $800,000 in a Targeted Employment Area (TEA).
Eligible Investments: The investment must be made in a new commercial enterprise that meets the EB-5 program requirements, meaning it must have been established after November 29, 1990, or be a troubled business.
Job Creation: The investment must result in the creation or preservation of at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the U.S. as a conditional resident.
At Risk Investment: The investor must demonstrate that the capital is at risk and subject to potential loss; passive investments do not qualify.
Source of Funds: Investors need to prove that the funds used for investment are obtained through lawful means, and they must provide comprehensive documentation detailing the source of their capital.
[Two Routes for Navigating the EB-5 Program]
The Regional Center path allows investors to invest through designated Regional Centers, which are organizations that promote economic growth in a specific area.
- Requirements:
- Investments are pooled to fund projects that typically have job creation and economic growth as their primary objectives.
- This option gives investors more of a passive role since the Regional Center manages the investment and job creation process.
This path is often preferred by investors who want a less hands-on approach to managing their investment.
In the Direct Investment path, investors must create or invest in a new commercial enterprise that they either establish themselves or invest directly in.
- Requirements:
- The investor must control the enterprise and be involved in day-to-day management.
- The business must create at least 10 full-time jobs for qualifying U.S. workers within two years.
This path is generally suited for investors with business experience who wish to manage their investments actively.
[Faq's]
No, you are not required to manage the daily operations of the business or project. However, you must take an active role in the enterprise, which can be through establishing policies and participating in decision-making.
The processing times can vary depending on several factors, but on average, the EB-5 application process can take anywhere from 12 months to several years from the time of filing to the approval of your I-526 petition.
Yes, you can withdraw your EB-5 application at any time. However, it’s essential to consider the implications and consult with an immigration attorney regarding the potential impact on your status and future immigration options.
Yes, while holding a conditional green card, you are required to live in the United States and maintain your investment. However, you are not obligated to reside in the same geographic area where your investment was made.