Invest America EB-5

The EB-5 Immigrant Investor Program is a popular visa option for foreign nationals seeking to obtain U.S. residency through investment. To qualify, investors must invest a minimum of $1,050,000 in a new commercial enterprise or $800,000 if the investment is made in a targeted employment area (TEA), which includes rural areas or regions with high unemployment. This investment must lead to the creation or preservation of at least 10 full-time jobs for U.S. workers within two years. The program not only benefits the investor by providing a pathway to a green card but also stimulates economic growth and job creation within the United States.

The process for obtaining an EB-5 visa begins with identifying a suitable investment opportunity. Investors can either start their own business or invest in an existing U.S. enterprise that meets the program’s criteria. Many opt to invest through Regional Centers, which are organizations approved by USCIS to promote economic growth and job creation. These centers manage projects that qualify for EB-5 investments, often in designated TEAs, making it easier for investors to meet the job creation requirements. After selecting a project, the investor must file Form I-526, Immigrant Petition by Alien Investor, with the United States Citizenship and Immigration Services (USCIS), demonstrating that the investment meets all program requirements.

Once the I-526 petition is approved, the investor and their immediate family can apply for conditional permanent residence. This involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, if they are already in the U.S., or applying for an immigrant visa at a U.S. consulate if they are abroad. After obtaining conditional green cards, valid for two years, the investor must prove that the investment has created or preserved the required jobs. This is done by filing Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, within the 90-day period immediately before the second anniversary of their conditional residency. Approval of this petition grants the investor and their family permanent residency in the U.S., allowing them to live and work anywhere in the country and eventually apply for U.S. citizenship.