What is an EB-5 Visa? How Much Investment is Needed for U.S. Green Card Residency?

It is no coincidence that the United States is referred to as the “American Dream,” as the land of stars and stripes is renowned for having the largest economy in the world, a free and equal living environment, excellent social welfare, a mild climate, and top-ranking education.

Every year, the U.S. attracts millions of immigrants from around the globe through family sponsorships, spousal visas, and skilled worker visas. Among these, the easiest path to obtaining a green card, with simpler procedures and faster processing, is through the EB-5 Immigrant Investor Program.

So, what is the EB-5 visa? How much money is needed to immigrate to the U.S. through the EB-5 investment program? What is the application process like? ImmiPath will answer all these questions in the following article. Check it out now!

1. What is the EB-5 Visa?

The EB-5 Investor Program was established by the U.S. Congress in 1990 to stimulate the U.S. economy through foreign investment and job creation. In 1992, the Immigrant Investor Program, also known as the Regional Center Program, was introduced.

This program allocates EB-5 visas to applicants who invest in commercial enterprises affiliated with regional centers approved by the U.S. Citizenship and Immigration Services (USCIS).

The EB-5 Immigrant Investor Program allows foreign investors, their spouses, and dependents (unmarried children under 21) to obtain green cards if they meet the program’s requirements. The EB-5 visa requires applicants to invest at least $800,000 in a new business.

The new business must create ten full-time positions for U.S. citizens. To qualify for the EB-5 Immigrant Investor Program, applicants must demonstrate the legitimacy and transparency of their source of funds.

2. Requirements to Obtain an EB-5 Visa for U.S. Immigration

Many investors considering the EB-5 route often ask ImmiPath about the investment amount required for U.S. residency. The EB-5 program demands an investment of $1,050,000 for a standard investment (not in a Targeted Employment Area, TEA) and $800,000 for an investment in a Targeted Employment Area.

The EB-5 visa requirements stipulate that investors must provide evidence of lawful sources of funds; invest EB-5 funds in a new commercial enterprise; ensure the new business is located in a Targeted Employment Area; create 10 full-time jobs for U.S. workers; make sure the investment is at risk; and obtain USCIS approval for the investment to qualify for U.S. residency.

A Targeted Employment Area (TEA) can be either a high-unemployment area or a rural area.To qualify as a high-unemployment TEA, an area must have an average unemployment rate at least 150% of the national unemployment rate of the United States.

To qualify as a rural TEA, an area must be outside of a Metropolitan Statistical Area (MSA) and cannot be within a city with a population of over 20,000 people.

The Job Creation Entity (JCE) is required to both conduct its primary business in the TEA and create jobs within that area.

3. Benefits of the EB-5 Immigrant Investor Program

The EB-5 visa offers numerous benefits beyond obtaining a green card, making the legal immigration process worthwhile for foreign nationals wishing to move to the United States. These benefits include:

• Allows investors, their spouses, and eligible children to legally reside, study, and work in the U.S.
• Accelerates the path to becoming a permanent resident compared to other visas and green cards.
• Does not require visa sponsorship from an employer or family member.
• Enables to live and work anywhere in the U.S.
• Allows children of the investor to study and work in the U.S.
• Offers the possibility of additional returns and income with the right investment.

The benefits of the EB-5 program often outweigh the costs of indirect investment, making it a valuable option for those seeking to invest in their future in the U.S.

3.1. Issuance of Green Cards for Investors, Spouses, and Unmarried Children Under 21

The EB-5 investment visa program grants conditional green cards to investors, their spouses, and eligible dependents. The U.S. conditional visa allows the holder to remain in the U.S. for 2 years.

Immigrant investors become “Permanent Residents” and receive green cards through the U.S. citizenship investment program if their I-526 petition is approved by USCIS. During the processing time, they are permitted to enter the U.S. using a tourist visa.

3.2. Unrestricted Employment Opportunities for Investors

One of the advantages of the EB-5 visa program is that green card holders have no restrictions on their employment. This means you can work in any job and anywhere in the U.S. as long as it is recognized or legal.

3.3. Visa-Free Travel to and from the U.S.

An investor who has received a U.S. green card through the EB-5 program can travel to and from the U.S. without needing a visa. This visa-free international travel is unlimited and is one of the key benefits of the EB-5 visa program.

3.4. Efficient and Fast Permanent Residency Process

Unlike other immigration processes that can take years to complete, the EB-5 immigration process is efficient and fast. An EB-5 investor typically obtains conditional permanent resident status in less than 2 years from the date their investment-based immigration petition is submitted.

3.5. Freedom to Live Anywhere in the U.S. Through the Regional Center Pilot Program

Investing in U.S. citizenship under an EB-5 visa program allows investors to live anywhere in the U.S. through the Regional Center Pilot Program. Established in 1992, the Regional Center Pilot Program provides funding for investments related to “Regional Centers.”

Investments in regional centers leverage a broader concept of job creation, including both “indirect” and “direct” jobs.

4. How is the EB-5 Investor Process?

The EB-5 visa program is designed for foreign investors who, by meeting the EB-5 visa requirements, can obtain a U.S. green card through investment.

Through this program, applicants can bring their spouse and children (unmarried and under 21) to live in the U.S. To qualify for the EB-5 Immigrant Investor Program, applicants must follow this EB-5 green card process:

First, the investor must select a suitable project that meets the requirements of the EB-5 investor visa program. Choosing an eligible investment is crucial, especially if the applicant wants their application to be approved.

Second, once the appropriate investment is selected, the investor must file Form I-526, also known as the EB-5 petition, with USCIS. This form confirms that the investor has invested in a new commercial enterprise with a minimum investment of $800,000.

Next, once USCIS approves Form I-526, the investor will be granted a conditional green card valid for 2 years. However, this process varies depending on whether the investor is living inside or outside the U.S.

For investors living outside the U.S., it is compulsory to submit Form DS-260 to the U.S. Embassy or Consulate. On the other hand, investors residing in the U.S. should file Form I-485 or request a status adjustment.

The final step for the investor is to file Form I-829, which is the petition to remove conditions. When filing this petition, the investor must provide evidence that all EB-5 program requirements have been met.

5. Frequently Asked Questions About U.S. Immigration Through the EB-5 Program

5.1. Which countries are eligible for the EB-5 visa?

Citizens from all countries are eligible to participate in the EB-5 visa program. Whether you come from Asia, Europe, Africa, North America, South America, or Australia, individuals from all nations are welcome to apply for EB-5.

5.2. How long does it take to obtain an EB-5 visa?

On average, it takes about 4 to 4.5 years to receive an EB-5 visa, according to USCIS processing estimates. The USCIS‘s processing time for the EB-5 visa varies based on the number of applications in the queue and the volume of applications submitted each year.

Initial applications are typically accepted within 60 days of submission, followed by a scheduled interview.

For foreign investors already in the U.S. seeking to adjust their status, the processing time for Form I-485, Application to Register Permanent Residence or Adjust Status, ranges from 7 to 29 months.

For foreign investors outside the U.S., it takes about 6 to 12 months for the National Visa Center and the Consulate to process the visa application.

5.3. How long can you stay in the EB-5 Investor Program?

Investors can stay in the EB-5 program for 2 years. During this conditional residency period, investors must comply with physical presence requirements.

Investors are only allowed to travel outside the U.S. for less than one year at a time. If an investor remains outside the U.S. for more than one year, they must have a re-entry permit.

5.4. How many EB-5 visas can the U.S. government issue each year?

Currently, there is an annual cap of 10,000 EB-5 visas, with each country having a limit of approximately 700 visas. This visa type is increasingly popular among wealthy foreign nationals seeking to relocate to the U.S.

5.5. Do I need to provide tax returns and other financial documents to apply for EB-5?

Personal and business/partnership tax returns must be submitted for any jurisdiction for the past 5 years.

If the applicant’s tax returns show significant income in previous years, they should provide additional tax returns for the three highest-income years. Ideally, tax planning for the EB-5 program should be done before applying, with the assistance of a specialist such as ImmiPath.

5.6. What is EB-5 reauthorization?

According to the EB-5 Reform and Integrity Act of 2021, Form I-526 and Form I-485 (Adjustment of Status) applications for the green card can be filed concurrently if the applicant is legally present in the U.S.

The EB-5 Reform and Integrity Act of 2021 helps expedite the green card process by several months to years if the applicant is in the U.S.

EB-5 reauthorization was approved in March 2022, allowing the EB-5 Program to remain effective until March 2027.

On August 25, 2022, the EB-5 program officially resumed after industry stakeholders reached a settlement agreement with the U.S. Citizenship and Immigration Services (USCIS) to protect EB-5 investors and reauthorize previously approved investors.

All previously approved regional centers are not required to apply for re-designation. It is also advisable to keep updated with the latest information from USCIS regarding the EB-5 visa program.

5.7. What questions might a Consular Officer ask during an EB-5 visa interview?

ImmiPath provides a list of common questions that consular officers may ask during a U.S. immigration interview under EB-5:

• May I see your passport and the passports of your family members?
• Have you ever traveled to the U.S. before? If so, please specify the trips and their purposes. Have you ever applied for immigration to the U.S. before? If yes, please explain.
• What standard procedures did you follow for your immigration application? Why do you want to leave your home country?
• Do you have any friends or relatives living in the U.S.? If so, please specify who they are and their occupations. May I see your marriage certificate?
• How many times have you been married? If applicable, please provide details and divorce certificates.
• If you have children, please provide details for each (age, marital status, etc.).
• If your children accompanying you are over 21, are they full-time students?
• Do you understand the requirements of the investor immigrant project you are applying for? Please describe the requirements.
• How do you understand the U.S. immigration program, specifically the EB-5 program you are participating in?
• Does your project meet the requirements of the program?
• Has the project created 10 jobs?
• What project have you invested in? Why did you choose this project? Please provide basic information about the project.
• Is your project on the list of at-risk economic enterprises or businesses? Is your investment considered risky? Please describe your business plan/activities in the U.S. (if any). What will you be doing in the U.S.?
• Do you own any property? Is it in your name? If so, please specify the maximum value of this property. Where did you get the money to purchase this property? What was its value at the time of purchase? Have you mortgaged this property? If so, with which bank and how much? How was the bank disbursed?
• When did you transfer the investment funds to the escrow account? How many transfers were made? From whose account? Where is the account?
• Have you been in contact with someone with a serious communicable disease? Have you ever been denied entry to the U.S. at a port of entry?
• Have you ever had a physical or mental disorder, or engaged in behavior related to such a disorder that could significantly impact your or others’ property, safety, or welfare?
• Please provide medical records for all family members.

6. Should You Immigrate to the U.S. Under the EB-5 Investment Program?

Immigrating to the U.S. under the EB-5 investment program is a popular option for financially capable individuals who wish to reside in the U.S. relatively quickly. Here is a summary of the EB-5 visa requirements to help you evaluate if this investment route suits your circumstances:

• The investment amount required for the EB-5 visa is $1,050,000 for investments in a standard project area (non-TEA) or $800,000 for investments in a designated Targeted Employment Area (TEA).
• You must demonstrate the legal source of your funds and provide a clear investment path. 
• The investment must be made in a for-profit U.S. commercial enterprise 
• The investment must create 10 full-time jobs in the U.S. within the first two years of obtaining conditional residency.
• Direct investments involve putting money directly into a business that creates jobs, counting as “direct” or operational jobs. 
• Investments through a regional center are made into a new commercial enterprise or EB-5 fund through a regional center and cover direct, indirect, and induced jobs.

If you are still unsure whether to pursue U.S. immigration under the EB-5 visa, feel free to comment directly below this post. ImmiPath’s experienced and highly skilled consultants are ready to assist and answer all your questions about the EB-5 visa, helping you choose the best path to U.S. residency for you and your family.