• What is EB-5

About The EB-5 Program

EB-5 is a United States immigration program that offers citizens of other countries the opportunity to seek permanent U.S. residency through job creation in the U.S.

The EB-5 Regional Center Program began in the early 1990’s to spur economic growth by giving immigrants a way to obtain permanent U.S. residency through job creation. Administered by the United States Citizenship and Immigration Services (USCIS), the EB-5 program directs foreign investment into projects that revitalize local economies; investors whose money creates at least 10 full-time jobs for U.S. workers become eligible for a U.S. green card. Regional Centers, designated by the U.S. government, promote job creation in a defined geographic area.

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Frequently Asked Questions

The information provided below is of general nature and may not apply to any particular set of factors or circumstances. It should not be construed as immigration or legal advice, nor should it be relied upon. Individuals should consult with their own independent counsel with respect to the information provided below.

What Is The EB-5 Visa Program?

This specialized immigration program was created by Congress in 1990 to stimulate the U.S. economy through job creation by immigrant investors. There are 10,000 EB-5 immigrant visas available annually, of which 3,000 EB-5 visas are set aside for foreign nationals who invest in Regional Centers designated by USCIS based on proposals for promoting economic growth.

What Is The Minimum Amount Of Investment Required In EB-5 Program?

For investments in areas other than “targeted employment areas,” the minimum amount of investment is $1 million. Investments in “targeted employment areas,” which include most regional center projects, can qualify with a minimum of $500,000.

What Is A "Targeted Employment Area"?

​​​A targeted employment area is a rural area or a geographical area that has experienced unemployment at a rate of at least 150% of the national average rate. Individual states are authorized to designate geographical areas within the state that qualify as targeted employment areas.

How Many Jobs Need To Be Created For An Investor To Get A "Green Card"?

Each EB-5 investor must create 10 direct or indirect permanent jobs for U.S. workers in order to obtain a “Green Card”.

What Are The Risks Involved With The Regional Center Investment Projects?

All investments are subject to risk and Regional Center projects are not exceptions. Under the law, the Regional Center cannot guarantee profit or the return of an investor’s principal investment. The project has limited operating history and is subject to financing risk. There are no assurances that a member’s petition will be granted or that a member will be able to obtain an immigrant visa or unconditional lawful permanent resident status. Laws, regulations and interpretations of the EB-5 Program are subject to change at any time.

Who May Apply For EB-5?

Any person who can demonstrate the ability to: 1) deploy the required amount into the American economy, 2) document that the capital was legally earned, and 3) satisfy general eligibility requirements (e.g., medical, criminal) is qualified to apply for the EB-5 program. There are no language, business, or education requirements for applicants.

With An EB-5 Investment Who Receives The Permanent Residency (“green card”)?

The investor, spouse and any unmarried children under the age of 21 (including adopted children) are eligible to apply for a green card through the EB-5 Visa Program.

What Is Meant By The Requirement That The Investor’s Assets Be “lawfully Gained”?

Under USCIS regulations, the investor must demonstrate that his or her assets were gained in a lawful manner. This requires the investor to prove that his investment funds were obtained through lawful business, salary, investments, property sales, property loan, inheritance, gift, loan, or other lawful means.

Can Money Gifted By A Parent Or Other Relative Be Used For An Eb-5 Investment?

Yes. It must be demonstrated that the gift is an actual transaction and is not an undocumented loan or that the gifted funds are expected to be given back after permanent resident status is granted.

What Must Be Proven In Order To Obtain Removal Of Conditions On Permanent Residence?

The applicant must prove that the investment has been sustained – not withdrawn – and that the requisite jobs have been created as a result of the investment.

Is The Investor Free To Travel After Obtaining Conditional Resident Status?

The green card holder is free to travel in and out of the United States subject to the rules generally applicable to permanent residents. Specifically, he or she must maintain a residence in the United States and must not be outside the United States for a continuous period of one year or more, unless he or she has obtained a reentry permit.