The EB5 Visa is an Investor Green Card program that provides a route to permanent residence in exchange for capital investments made within the United States.
Foreign investors who participate in the EB-5 Visa program have the chance to gain lawful permanent residence, an Investor Green Card, and eventually become U.S. citizens. It requires a minimum investment amount of $1,050,000 or $800,000 if the investment is made in a Targeted Employment Area (TEA).
The EB-5 Visa is designed for promoting economic growth and boosting job creation through investments made in new commercial enterprises or Regional Centers. As of July 2024, the U.S. Citizenship and Immigration Services (USCIS) has approved 712 Regional Centers.
Due to high competition and long processing times, many immigrant investors struggle to get the EB-5 Visa. But we are here to help. This article offers a detailed guideline on the appropriate fees, qualifying investments, and how to provide documentation to become a permanent resident.
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What is the EB5 Visa?
The EB-5 Visa is a U.S. immigrant visa that provides immigrant investors with a pathway to lawful permanent residence through job creation and capital investment either in a commercial enterprise or a Regional Center.
The EB5 Visa program requires a minimum investment of $1,050,000 in regions with large markets or developed infrastructure. However, the investment amount can be reduced to $800,000 if the investment is made in a Targeted Employment Area (TEA). The minimum investment amount is subject to inflation and changes over time.
The program’s purpose is to boost targeted employment and economic growth. The U.S. Congress created the EB5 Investor Visa (or Investor Green Card) in 1990 to attract immigrant investors, promote job creation, and enable business activities in Targeted Employment Areas (TEAs) or rural areas.
EB-5 Visa: Quick Overview | |
Minimum investment amount | - $1,050,000 in standard investment - $800,000 or Targeted Employment Area (TEA) |
Investment type | - Direct investment (into commercial enterprise) - Regional Center (or pooled investments) |
Job creation requirement | 10 full-time jobs for U.S. workers |
Total processing time | 2 to 5 years for conditional permanent residency |
How long does it take for EB-5 approval?
The total EB-5 Visa processing time can take about two to five years for a conditional Green Card (or conditional permanent residency).
The EB-5 timeline can be broken into several stages:
- Adjustment of status: For applicants within the U.S., the processing time takes about six to eight months.
- Immigrant petition by standalone investor: For the Form I-526 immigrant petition, the processing time can take about 71.1 months.
- Consular processing: For immigrant investors outside the country, after getting approved for the Form I-526, they must file an immigrant visa application (Form DS-260). The U.S. Consulate or National Visa Center sends out further information in about one to one and a half months. If the applicant’s priority date is current, they can schedule an interview in two to three months.
- Removing conditional permanent residency: For the Form I-829, processing time is about 22 to 48.5 months. This process can remove the conditional Green Card and provide permanent resident status.
Note: Visit the USCIS official website to check the EB-5 processing time by country or the Visa Bulletin to check the dates for filing for a Green Card.
How much does the EB-5 Visa cost?
The EB-5 Immigrant Investor Program can cost about $21,130 to $22,225, based on the country you apply for the Investor Green Card. Meanwhile, the administrative fees for a Regional Center can range between $50,000 and $80,000.
The EB5 visa cost and appropriate fees for the application process are as follows.
For consular processing (immigrant investors)
- Form I-829: $9,525
- Form I-526: $11,160
- Form I-485: $1,440
For adjustment of status (applicants already in the U.S.)
- Form DS-260: $325
- Form I-526: $11,160
- Form I-829: $9,525
- Affidavit of Support Fee: $120
Other EB5 Visa costs to consider are biometrics, which can cost $85 per person (or immediate family members). EB-5 Investors may also pay for other administrative fees, such as translation of required documents, travel expenses, and lawyers. An EB5 Visa lawyer can streamline the process and provide accurate estimates for all the potential expenses.
Who is eligible for EB-5 visa?
To qualify for the EB-5 Immigrant Investor Program, applicants must make a minimum investment in a Targeted Employment Area (TEA) or a qualifying investment in a Regional Center.
The EB-5 Visa requirements are as follows:
- $1,050,000 in standard investment
- $800,000 in Targeted Employment Area (TEAs) or rural area
- Create 10 permanent full-time jobs for U.S. workers either through direct investment in the new commercial enterprise or indirect investment through a Regional Center.
Note: The only type of business that is exempt from the employment creation criteria is a troubled business. A troubled business has been open for two years and has experienced a net loss of about 20 percent in the last 12 to 24 months.
How to apply for an EB-5 visa?
Immigrant investors must make a qualifying investment in a business opened after 29 November 1990. If a commercial enterprise was opened before or on that date, then it is considered a new commercial enterprise.
To apply for an EB-5 Visa, the qualifying for-profit company can include:
- Partnership
- Holding company
- Corporation
- Business trust
- Joint venture
- Sole proprietorship
- Another private or public infrastructure project
To apply for an EB-5 Visa, the source of the capital investment can include:
- Inventory
- Secured debt
- Cash
- Equipment
- Cash equivalent
- Proceeds from a loan
- Other tangible property
Capital other than cash is based on fair market value. In most cases, sponsorship can be permitted if the immigrant investor can provide a lawful source of funds. The Immigrant investor must also provide proof of the indirect and direct sources of the investment capital.
The capital Investment must expand the business and promote employment creation for permanent full-time jobs for U.S. workers. Under the Consolidated Appropriations Act, EB-5 project locations are determined using data from the most recent decennial census, and all related securities offerings must comply with U.S. securities laws.
The EB-5 Reform and Integrity Act has implemented various changes to the investment options. A migrant consultant keeps up with the latest updates, concurrent filing, and provides counseling on the lawful source of funds documentation.
How to submit an immigrant visa application?
The EB5 application process includes the following steps:
- Invest and create full-time jobs for U.S. workers. The minimum capital investment amount depends on the business. A Targeted Employment Area (TEA) commercial enterprise requires $800,000 in rural areas and $1,050,000 in Non-Targeted Employment Areas, promoting economic growth and job creation.
- Fill out a form. Immigrant investors must submit the Form I-526 or Form I-526E with the USCIS to satisfy the criteria for capital investment. The immigrant petitions filed must include supporting documentation, such as a business plan, job creation, EB5 visa investment amount, etc.
- USCIS application review. U.S. Citizenship and Immigration Services reviews and approves the EB-5 Visa application. Approved immigrant investors and eligible family members receive conditional permanent residency.
- Fill out a form to remove conditions. After two years of a conditional Green Card, immigrant investors and eligible family members can submit the Form I-829 with U.S. Citizenship and Immigration Services to receive permanent resident status.
Why work with Global Citizen Solutions?
Global Citizen Solutions is a boutique investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.
- We have helped hundreds of clients from 35+ countries in all the top Residency by Investment and Citizenship by Investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance. We have a team of immigration lawyers, and immigration advisers specialized in US immigration.
- Our team has never had a case rejected. Our 100 percent approval rate sets us apart from our competitors and guarantees that you can expect a successful application.
- Our transparent pricing covers all the processes from opening your bank account, document certification, and legal due diligence to investment and submission. As there is one fee for the entire process, you can be confident that you will not face any hidden costs later.
- All data is stored within a GDPR-compliant database on a secure SSL-encrypted server. You can be safe knowing that your personal data is treated with the utmost security.
- Global Citizen Solutions provides an all-encompassing solution. Our support can continue even after you receive your passport. We offer additional services such as company incorporation, Trusts, and Foundations formation.
- The BeGlobal Onboarding System® allows you to access the status of your application every step of the way, something that sets us apart from our competitors.
Frequently Asked Questions
What is the EB5 immigrant investor program?
The EB5 (Employment-Based Fifth Preference) is an immigrant investor visa, also called an Investor Green Card. The EB-5 can be semi-classified as a USA Golden Visa as it provides a pathway to permanent resident status in exchange for capital Investment. After five years, green card holders can apply for U.S. Citizenship.
What are the benefits of the EB5 Visa program?
The EB-5 visa offers many immigration benefits, such as permanent residence, profit from your EB-5 investments, world-class education, travel opportunities, and a pathway to U.S. citizenship. You can work or invest in any field without mandatory sponsorship. The EB-5 is one of the few self-sponsored immigration visas.
How much money is required for an EB-5 visa?
Minimum capital investment is required to create full-time jobs and promote economic growth. The money required for the EB-5 Visa can fall under one of these categories:
- $800,000 for Targeted Employment Area (TEAs) or rural area)
- $1,050,000 for Metropolitan Statistical Area (MSA)
How much does the EB-5 application process cost?
The EB-5 application process for filing documents costs between $21,130 and $22,225, while Regional Center administrative costs can vary between $50,000 and $80,000. In many cases, the EB5 document checklist can vary based on the type of capital investment.
Is an investment of $500,000 sufficient for EB-5 Immigrant Visa?
No. A Green Card investment of $500,000 is not enough for immigrant investors to qualify for the EB-5 Visa program. The minimum investment amount is $800,000 in Targeted Employment Area (TEA) or $1,050,000 in a non-TEA or Metropolitan Statistical Area.
How long can I stay in an EB-5 visa?
The EB-5 Visa grants a conditional Green Card or residency by investment USA, which lasts for two years. To remove conditions, immigrant investors and eligible family members must submit Form I-829 and receive lawful permanent resident status. Green card holders can apply for U.S. citizenship in five years and receive a valid passport.
Can I get a U.S. Green Card by investment?
Yes. The EB-5 is an immigrant investor program providing a conditional Green Card, which paves the way for permanent residency. An alien investor can become a permanent Green Card holder in two years and apply for a valid passport in the United States in five years.
What types of businesses qualify for EB-5 investment?
The business created can be in any field, as long as it meets the necessary investment amount and creates 10 full-time jobs for U.S. workers. The alien investor must have adequate management business experience and have a sufficient net worth to fit the standard minimum investment.
What is the annual visa cap for the EB-5?
The EB-5 immigrant investor program has an annual limit of 10,650 new visas. Of these:
- Two percent is for infrastructure projects
- 10 percent for high-unemployment areas
- 20 percent for rural areas
Most foreign nationals receive EB-5 Visas under the rural or high-unemployment area category.
How to check your place in the queue for EB5 immigrant visas?
The Visa Bulletin is a monthly publication that lists visa availability for your Green Card application. This is an attractive option for foreign nationals who want to register permanent residence in exchange for capital invested in the United States. The EB-5 Visa program is connected to Homeland Security and follows strict criteria for the reserved visa categories.
What are the required documents for the EB-5 Visa program?
Immigrant investors must provide documentation for:
- Valid passport or personal identification
- Evidence of a lawful source of funds
- Financial or business documents related to the capital investment of the new commercial enterprise or infrastructure projects
- Proof of creating economic growth and full-time jobs for U.S. workers
Can I sponsor family members with EB-5 Visa?
Yes. Eligible family members can receive a conditional Green Card and immigrate to the United States. Unmarried children can attend school, while a spouse can work under the EB-5 Visa since they are eligible for Employment Authorization Documents (EADs).
What to do if my EB-5 Visa is denied?
If your EB-5 visa is denied, check the denial notice and find any legal errors. An immigration expert can help foreign nationals appeal, reapply, or file a motion with U.S. Citizenship and Immigration Services. Ensure your investment in a commercial enterprise benefits the U.S. economy through job creation. The National Visa Center may offer further guidance for the immigrant investor program.
What does the regional center program do for EB-5?
The Regional Center Program enables project developers to raise larger amounts of capital by bringing together funds from multiple foreign investors rather than relying on a single source. Through regional centers approved by USCIS, a regional center investor can participate in a qualified investment project with more flexibility, especially when it comes to meeting the job creation and other EB-5 Visa requirements.
What are other U.S. visa options?
If you can’t meet the minimum investment amount for the EB-5 Visa, you can apply for the USA L-1 Visa, O1, E-2 Visa, or B1 visa programs. You can use these visa options to immigrate to the United States, often based on your skills and work experience.