The EB-5 Visa Immigrant Investors visa was created by the Immigration Act of 1990. The EB-5 Visa provides a method of obtaining a Green Card for foreign nationals who invest money in the United States.
United States Citizenship and Immigration Services administer the Immigrant Investor Program, commonly referred to as “EB-5,” to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a pilot immigration program, certain EB-5 visas also are set aside for investors in Regional Centers designated by Unites States Citizenship and Immigration Services (USCIS) based on proposals for promoting economic growth.
Advantages of using EB-5
The U.S. immigrant investor program is the most flexible in the world. It sets no requirements based on age, business training and experience, or language skills.
The U.S. immigrant investor program also allows investors a great deal of freedom because it does not require immigrant investors to manage their investment on a daily basis. Rather, investors only need to ‘actively engage’ in a business enterprise, meaning they can be limited partners and pursue other professional or personal ventures.
Moreover, should the investor and his or her family elect to become U.S. citizens, the time spent as conditional permanent residents is credited towards the five year lawful permanent residency requirement for U.S. citizenship. Generally, as a permanent resident, the investor and his or her family are free to return to their homeland for visits or business purposes, as long as they do not abandon or have an intention of abandoning their residence in the U.S.
The EB-5 Visa program also offers the following
- Direct route to permanent residency in the United States for Investor, his/her spouse, and any children under the age of 21
- Freedom for Investor and family to live, work, and retire anywhere in the United States
- Investor and his/her spouse and children may attend college or university at U.S. resident costs
- Investor and immediate family may travel to and from the United States with their EB-5 visa.
- Route to U.S. citizenship for Investor and immediate family after five years of permanent residency
- Ability for Investor to sponsor green cards for family members
- Investor receives all benefits of U.S. permanent residency status, including ability to develop and run his/her own business
To qualify for the EB-5 Visa
- Investment must be made in a new business created after 1990 or an existing one.
- The individual must either invest $500,000 or $1,000,000 of capital into that business depending
upon the area in which the business is constructed. ($500,000 is sufficient in areas considered
“targeted employment areas”).
- Business results must benefit the U.S. economy and create at least 10 U.S. jobs (either directly or indirectly).
- The investor must “actively engage” in the management of the new business.
What are the benefits of obtaining an EB-5 Visa?
- Live, work or retire anywhere in the United States (not limited to Florida
- Sponsor Green Cards for your relatives
- No authorization required by USCIS to accept employment
- Admission to public universities at the same costs as those of U.S. residents
- May be eligible for United States citizenship in only 5 years
- Time spent with a Green Card may be credited towards the 5-year lawful permanent residency requirement for U.S. citizenship
EB-5 Investment and risks
- EB-5 investors can choose to invest in a project that they have created themselves or they may choose to invest into a fund through a Regional Center. If Investors choose the former, their business or project must create or preserve a minimum of 10 full-time jobs. By investing in the latter, investment capital is placed into a fund comprised of the investments of multiple EB-5 Investors. Investments then go to fund a specified, and typically larger, Regional Center project. Regional Centers are granted the use of job multipliers. This means that their projects can count direct, indirect, and induced jobs to their total job count
- A Regional Center is any economic entity, such as Florida EB-5 Investments, LLC, which is involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment. Regional centers must petition and be designated by USCIS to facilitate the EB-5 program.
- Is an investment in a regional center guaranteed? No. There is both an immigration risk and a financial risk. Regional centers may have a number of different projects. It is possible for a regional center to obtain pre-approval of a specific project. Even if a project is pre-approved, there is an immigration risk as to whether the necessary jobs will be created in order to obtain removal of conditions. There is also financial risk in every investment. For these reasons, it is critical for the investor to choose both the regional center and the regional center project very carefully.
- What is the minimum amount of investment required? For investments in areas other than “targeted employment areas,” the minimum amount of investment is $1 million. Investments in “targeted employment areas,” including many approved regional centers, can qualify with a minimum of $500,000.
- The investment must create full-time employment for at least 10 U.S. citizens or immigrants (permanent resident aliens and other specified immigrant categories). The required 10 positions cannot include the investor or the investor’s spouse or children. The 10 jobs must be for employees of the enterprise in which the investment is made and cannot include independent contractors. However, for approved regional centers, the creation of employment can include indirect employment.
- The permanent resident status granted to the investor is actually a “conditional permanent resident status” that is valid for a period of up to two years. The investor and family members are required to remove the condition by filing an application during the 90 day period preceding the second anniversary of obtaining this status. The petition will be required to demonstrate the establishment of the business, the investment of the requisite amount of capital and the creation of the required number of the necessary 10 jobs. When the conditional green card status is lifted, full resident status is granted and a permanent green card is issued.
- The investor, his or her spouse and any unmarried, under 21 years old children can obtain permanent residence at the same time and through a single investment of the mother or father.
Our partners for the EB-5 program
Our partners are carefully chosen based on the project they represent and its security issues, such as 1st mortgage. However, please note that the US Government made this program by purpose risk-driven; therefore a risk for the investment cannot be entirely negated.