USA EB-5 Immigrant Investor Program

Overview

The EB-5 Immigrant Investor Program, administered by the United States Citizenship and Immigration Services (USCIS), provides a pathway to U.S. permanent residence (green card) for foreign nationals who make a qualifying investment in a commercial enterprise in the United States and create or preserve 10 permanent full-time jobs for qualified U.S. workers.

Key Features of the EB-5 Program

• Investment Options: Investors can choose between two investment options:
  • Direct Investment: A minimum investment of $1.8 million in a new commercial enterprise.
  • Targeted Employment Area (TEA) Investment: A reduced minimum investment of $900,000 in a new commercial enterprise located in a TEA (high unemployment or rural area).
• Job Creation Requirement: The investment must create or preserve at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the United States as a Conditional Permanent Resident.
• Conditional Permanent Residence: Successful applicants receive a conditional green card for two years. To remove the conditions, investors must demonstrate that their investment met the program requirements.

Eligibility Criteria

To qualify for the EB-5 Program, applicants must meet the following criteria:

1. Investment Capital

   • Invest the required amount of capital ($1.8 million or $900,000 in a TEA) in a new commercial enterprise.

2. Source of Funds

   • Demonstrate that the investment funds were lawfully obtained and provide documentation to prove the source of funds.

3. Job Creation

   • Ensure that the investment creates or preserves at least 10 full-time jobs for U.S. workers within two years.

4. Active Involvement

   • Participate in the management of the new commercial enterprise through day-to-day management or policy formulation.

Required Documents

When applying for the EB-5 Program, you will need to provide the following documents:

1. Proof of Investment

   • Documentation showing the investment of the required capital in the new commercial enterprise.

2. Proof of Job Creation

   • Business plan and employment documentation demonstrating the creation or preservation of at least 10 full-time jobs.

3. Source of Funds

   • Detailed documentation tracing the source of the investment funds, including tax returns, bank statements, and other relevant financial documents.

4. Business Plan

   • A comprehensive business plan outlining the nature of the business, market analysis, financial projections, and job creation strategy.

5. Personal Documents

   • Passports, birth certificates, and other identification documents for the investor and accompanying family members.

Application Process

1. File Form I-526

   • Submit Form I-526, Immigrant Petition by Alien Investor, along with all required documentation to USCIS.

2. Conditional Permanent Residence

   • Upon approval of Form I-526, apply for conditional permanent residence through Form I-485 (Adjustment of Status) if in the U.S., or through consular processing if outside the U.S.

3. File Form I-829

   • Within the 90-day period before the second anniversary of obtaining conditional permanent residence, file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, to demonstrate that the investment met the program requirements.

4. Permanent Residence

   • If Form I-829 is approved, the conditions on the investor’s permanent residence are removed, granting them and their family members permanent green cards.

Useful Resources

• USCIS EB-5 Immigrant Investor Program: https://www.uscis.gov/eb-5
• EB-5 Investor Program Filing Instructions: https://www.uscis.gov/i-526
• Form I-829 Instructions: https://www.uscis.gov/i-829
• Regional Center Information: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/eb-5-immigrant-investor-regional-centers

How GEMS Can Help

At Global Expert Migration Strategies (GEMS), we provide comprehensive support to individuals applying for the EB-5 Immigrant Investor Program. Our services include:

1. Personalized Consultation

   • We offer personalized consultations to assess your eligibility and understand your investment goals.

2. Investment Guidance

   • Our team helps you identify suitable investment opportunities, including direct investments and regional center projects, to ensure they meet the EB-5 program requirements.

3. Application Assistance

   • We assist you in preparing and submitting Form I-526 and all required documentation to USCIS. We ensure that all documents are correctly completed and submitted on time to increase your chances of approval.

4. Business Plan Development

   • Our experts help you develop a comprehensive business plan that meets USCIS requirements and clearly demonstrates job creation potential.

5. Source of Funds Documentation

   • We provide guidance on compiling detailed documentation to trace the source of your investment funds and ensure compliance with USCIS regulations.

6. Pre-Departure and Arrival Support

   • Our team offers pre-departure orientation sessions to prepare you for your journey to the U.S. We also assist with accommodation arrangements, health insurance, and other essential services to help you settle in comfortably.

7. Post-Arrival Services

   • Once you arrive in the U.S., we continue to support you with services such as business consulting, networking opportunities, and assistance with any further immigration processes.