INVESTMENT  IMMIGRATION

 Congress passed the EB5 Reform and Integrity Act of 2022 on March 11, 2022. The Act extends the EB5 Regional Center program through September 30, 2027. It makes some significant changes to the program.

The EB-5 investor visa program allows you to obtain your green card and permanent residency through an investment in a U.S. business. Furthermore, an EB-5 visa will also allow your spouse and any unmarried children under the age of 21 to live in the United States with you. This program, which is operated by U.S. Citizenship and Immigration Services, was established to encourage more foreign investments into the U.S. economy. EB-5 visas have an implied intent to maintain permanent residency, which differs from temporary E-1/E-2 investor visas.

EB5 investors are those who invest $1.8 million in a new commercial enterprise and create 10 jobs for U.S. workers. However, if the enterprise is located in either a rural or a high-unemployment area, the amount of funds which needs to be invested is reduced to $900,000.

Over 90% of all EB5 investors do not start their own businesses. Instead, they invest $900,000 in one of over 600 Regional Centers.

The amount of paperwork involved in EB-5 visa filings is staggering.

 

Under the EB-5 Reform and Integrity Act of 2022 (RIA), any EB-5 project with more than one EB-5 investor must be sponsored by a Regional Center.

On May 13, 2022, USCIS announced that entities seeking regional center designation must file Form I-956, Application for Regional Center Designation, and I-956H, Bona Fides of Persons Involved with Regional Center Program.

General Resources

EB-5 Investor Visas

Requirements for EB-5 Visa 
 

Steps in the EB-5 Visa Process

  1. Locate the business to be invested in

  2. Make the required investment

  3. Submit an I-526 petition

  4. Obtain conditional permanent residency

  5. After two year conditional residency, submit I-829 application

What Are the EB-5 Visa Requirements?

The general requirement to qualify for an EB-5 visa is an “at risk” capital investment in a United States business. The business must be a for-profit entity, so charities, foundations, religious organizations, and the like will not qualify. Currently, the required amount is $1 million unless you are investing in a targeted employment area.

EB5 Investors must

  • Demonstrate that a “qualified investment” is being made in a new commercial enterprise located within an approved Regional Center; and, show, using reasonable methodologies, that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the pilot program.

2

EB-5 INVESTOR – REGIONAL CENTER

The Congress has created a pilot program to set aside Investor Immigrant visas for investors in designated “Regional Centers” that are economic entities organized to encourage investments through which to promote the economy and employment in specific region. This form of investor immigration offers considerable flexible options to the foreign investor. 

  • Is an entity, organization or agency that has been approved as such by the Service;

  • Focuses on a specific geographic area within the United States; and,

  • Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

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