EB-5 Green Card

EB-5 Green Card

The EB-5 Immigrant Investor Program was created in 1990 to attract foreign investment to stimulate economic growth through job creation in the United States. The program allows foreign nationals to make a qualifying investment into a new or existing US commercial enterprise that creates 10 US jobs to obtain a Green Card. EB-5 Investors and their families gain permanent residency to live and work anywhere in the United States. One EB-5 investment allows the main applicant, spouse, and any unwed children under the age of 21 to all obtain Green Cards.

BENEFITS FOR EB5 INVESTORS

Green Card for Main Applicant, Spouse, and Children Under 21 at the time of application

Path to US Citizenship

Ability to Work, Travel, and Live anywhere in the United States

Ability to Enter and Exit the United States as a Permanent Resident

Ability to Start a Business in the US without Immigration Restrictions on the Enterprise

Children of Investors may study in US Public School System

No Language or Professional Experience Requirements

Depending on the immigrant’s country of birth, the EB-5 may be the fastest way to get a Green Card in comparison to other paths like the EB-2/3

EB-5 VISA PROGRAM COST & REQUIREMENTS

The US government requires EB-5 investments to comply with strict guidelines to promote job creation. The minimum qualifying investment threshold varies depending on the location of the business or project. If an EB-5 project is in a Targeted Employment Area (“TEA”) the qualifying investment amount is $800,000. Outside of a TEA, investors must contribute $1,050,000 to obtain a Green Card.

OR

AND

The investment is required to be an “At-Risk” Investment in a US commercial enterprise. There can be no guarantee on the return of investment to the investor as it would disqualify them from obtaining a permanent Green Card. This does not mean that the EB-5 investment must be unnecessarily risky. Risk can be mitigated in a multitude of ways by the deal structuring of the EB-5 Investment Offering.

One EB-5 investment allows the main applicant, their spouse, and any unwed children under 21 to obtain permanent Green Cards. The investor does not receive any immediate immigration benefits after applying and they may have to wait more than a year before the I-526 application is approved. Only after I-526 approval will they be allowed to immigrate to the United States. Applying for EB-5 does not affect other ongoing forms of US legal status e.g., H1-B, F-1, B-1, etc. The first EB-5 immigration benefit comes in one of two ways:

A Conditional Green Card received approximately one to three years from the moment of application (application means filing an I-526 petition).

An Employment Authorization Document (EAD) and Advanced Parole Travel Permit that can be obtained within months of application if the investor has a current US student/work visa and concurrently files an I-485 change of status along with their I-526 petition.

This timeline varies and may be shorter or longer, and will depend on factors such as your country of birth and current visa status in the United States. You may also benefit from a faster processing depending on which EB5 United project you invest in. The recently passed EB-5 legislation states that USCIS needs to process petitions within 60-240 days, and if this is accomplished then the time to obtaining a Green Card should remain closer to one year.

US EB-5 GREEN CARD PROCESS & TIMELINE

Stage 1: Do your Research

Step 1: Understand what EB-5 is and its Timeline
Start by doing your research into the EB-5 process. This immigration by investment program is not the same as many other ‘golden visa’ programs offered by other countries as it requires a strict initial source of funds review and eventually proof of job creation. The investment process takes approximately 5 to 7 years, this may be shorter or longer depending on your country of birth and the EB5 United project that you choose to invest in.

Step 2: Does EB-5 work for me?
EB-5 requires you to make a minimum investment of $800,000. If you are on an existing non-immigrant visa in the US right now, you need to decide if the benefits of obtaining a Green Card are greater than renewing your non-immigrant visa every three years. There is also an additional benefit to those foreign nationals who have an existing nonimmigrant visa like a F-1, H-1B or L1A visa, and are in the US at the time of filing of EB-5 petition, as they are entitled to contemporaneous filing for adjustment of status and hence more expedient receipt of EAD.

Step 3: My Source of Funds?
One of the most important aspects of the program is to demonstrate where the money you’re investing is coming from. Whether it’s your earnings, assets, or even gifts/loans from friends and family, you will need to prove and show documentation for all sources of money in the investment and fees. The entire investment amount and all fees must be accounted for and wired into the project before your immigration petition is filed. If you don’t have all the funds required to invest today, we still encourage you to conduct your research and arrange a consultation with EB5 United. We understand that the EB-5 investment is a long-term life decision for individuals and families, we are happy to answer any questions as you plan for you and your family’s future.

Step 4: Make your decision
After taking all facts into consideration, base your decision on whether or the EB-5 program is right for you. EB5 United is happy to refer you to an experienced immigration attorney best fit to handle your petition.

Stage 2: Begin your EB-5 Process (First 1 to 3 months)

Step 5: Engage an Immigration Attorney and start your Source of Funds process
The first step in your EB-5 process will to be to have an attorney assess your source of funds. Once engaged your attorney will begin by obtaining your basic info, travel history, and the required documentation for your source of funds. If your funds are not all liquid the attorney will guide you in mobilizing your funds. The attorney also will outline what documentation you will need to provide for each source, which can include a gift, loan against property, sale of assets, income, and more. You will need to provide multiple documents at this stage and the entire process can take a few weeks to a few months depending on how quickly you can provide the required documentation.

Step 6: Identify a project that meets your objectives
Complete your due diligence on the project that best meets your immigration and investment goals. We recommend setting up a Zoom call with one of our professionals at EB5 United to review the project options we have available. Your immigration attorney cannot recommend projects to you, but you can ask them to do their due diligence on the immigration aspect of the project of your choice.

Step 7: Sign documents and send Funds to Escrow
After your immigration attorney has collected all the required documentation and completed your source of funds, they will give you the go ahead to send your investment capital to the project escrow account. Once you sign the signature packet and wire the funds, we will countersign the documents and issue a wire transfer receipt reflecting the full amount and admin fees were wired to us. This is the final documentation your attorney needs to file before your I-526E Petition.

Step 8: Submit your I-526E petition
Once your attorney has collected all the required documentation for your source of funds, the wire transfer receipts, and the counter signed documents from EB5 United they will be able to submit your I-526E petition to the USCIS. The I-526E Immigrant Petition by Alien Entrepreneur consists of: 1) Proof of how the investor earned all the funds utilized in the EB-5 investment and 2) How the funds will be spent to create the ten jobs required to give the investor and their family members the immigration benefits, which will be provided by EB5 United. Approximately 10-days after submitting you will receive an I-797C receipt notice from the USCIS stating that they received your case (this timeline can vary). The receipt notice will include the date they received your case and that will be your official priority date.

At this point of time if you are in the United States on a Non-Immigrant visa your attorney may also advise you to file for Adjustment of Status, which will allow you to receive some of your immigration benefits before the approval of your petition.

Stage 3: Wait for I-526 approval (new EB-5 legislation passed 3/15/2022 requires USCIS to adjudicate in 60-240 days) / Wait for EAD and Travel permit (3 months – 1 year)

Step 9: Wait for USCIS to approve your I-526 petition
This process varies in time and cannot be controlled. This wait time can be dependent on the project you subscribe to, and the order of approval is not always completed in the exact order of when each person filed their I-526 petition. If you are outside the US you are not given any legal immigration status during this time.

During this time EB5 United will send you access to your respective project portal where you will be able to monitor the progress of your investment, receive important tax documents, and enter the bank information for receiving your interest payments.

Step 10: Wait for Employment Authorization Document and Travel permit (For applicants in the US on a nonimmigrant work or student visa only)
This step only applies to EB-5 petitioners who are in the United States on a nonimmigrant visa such as an F-1 or H-1B visa. While your I-526E petition is pending you may apply for Adjustment of Status (depending on visa availability for your country) and wait for your EAD and AP cards to arrive. Please make sure to consult with your immigration attorney to understand the benefits it provides and what you should do while your I-526 petition remains pending.

Stage 4: I-526 approved, Priority date current, Apply for conditional Green Card (6 to 14 months)

SStep 11: Consular Processing / Change of Status
If you are outside the US you will go through a visa interview process with the Visa Consular (includes document review, medical examination, and personal interview). This will take approximately 6 months to set up depending on your local consulate. After the interview you will receive an immigrant visa that will be stamped into your passport, you are then able to move to the United States. After you arrive in the US your Green Card will then be issued to you. If you reside in the US and file for Adjustment of Status you will receive your Green Card in the mail upon approval.

Stage 5: Start Conditional Residency (1 year 9 months)

Step 12: Begin 2-year Conditional Residency
Once you receive your Green Card in the mail it is effectively the same as any normal permanent resident card. The conditions that must be met at the end of the two years to make the Green Card permanent are: your 10 jobs must be created using your investment and your money must be “at-risk” throughout the 2-year “Conditional Residency”. At EB5 United we always structure our investments with a large job creation buffer so more than enough jobs are created for our investors. USCIS deems you eligible to receive your money back at the end of your Conditional Residency, so your money no longer needs to be kept “at-risk” once your conditional Green Card expires. Receiving the return of your investment depends on the project you have selected and its repayment terms.

Stage 6: Apply for Permanent Residency (3 months before expiration of Conditional Green Card)

Step 13: File I-829 for removal of your conditions
During the last 90 days of your 2-year Conditional Residency your attorney will file your I-829 petition. You will remain in the US as a Green Card holder while your I-829 is being processed. Once you have completed your entire 2-year Conditional Residency you have completed the two-year at-risk requirements and are eligible to receive your investment back (prior to I-829 approval).

Step 14: Receive Unconditional Green Card once the I-829 is approvedAt this point your EB-5 journey is complete. Once you have resided permanently in the US for 4 years 9 months (starting from the time you obtained your conditional residence status), you are eligible to file for US citizenship. Speak with your immigration counsel on next the next steps if you so desire.

What are EB-5 Regional Centers?

Congress created the Immigrant Investor Program or “Regional Center Program” in 1993. The Regional Center Program sets aside EB-5 visas for investors who invest in a commercial enterprise structured by approved “Regional Centers” designated by USCIS to help promote economic growth. The creation of the Regional Center Program allowed investors to pool EB-5 money and utilize job creation models. Regional Centers allowed institutions to provide deal access to EB-5 investors, and EB-5 investors were able to make passive investments with developers that have strong track records. Regional Centers / Investment Issuers are responsible for issuing the investment and ensuring that it meets the USCIS requirements.

SPEAK TO OUR EB-5 EXPERTS

Key facts

Capital City : Washington

Language : English

Currency : USD $

Population : 331,900,000

Time Zone : Washington (GMT-4)

Area : 9,834 million km2