USCIS allows foreign nationals to file immigrant petitions as a result of making investments into US businesses which hire US employees. These filings are complex and extremely detailed. We can assist you with the process if you are doing it on your own or going through a Regional Center.
Details:
The EB-5 Immigrant Investor Program is a U.S. immigration program that allows foreign investors and their immediate families to obtain U.S. green cards (permanent residency) by making a substantial investment in a new commercial enterprise that creates jobs in the United States. The program is administered by U.S. Citizenship and Immigration Services (USCIS), and it has specific requirements and processes for investors who wish to participate. Here are the key aspects of EB-5 filings for investors:
- Investment Amount:
- To qualify for the EB-5 program, investors must make a minimum capital investment in a new commercial enterprise. The required investment amount varies depending on the location of the investment. Generally, the minimum investment is $1.8 million. However, if the investment is made in a targeted employment area (TEA), which is an area with high unemployment or in a rural area, the minimum investment amount is reduced to $900,000.
- Job Creation:
- The EB-5 program requires the creation of at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the U.S. as a conditional permanent resident. If the investment is made in a troubled business, the job creation requirement is not applicable.
- New Commercial Enterprise:
- Investors must invest in a new commercial enterprise, which can be a for-profit entity formed after November 29, 1990, or a troubled business that has been in existence for at least two years and has incurred net losses exceeding 20% of its net worth.
- Conditional Green Card:
- Initially, successful EB-5 applicants and their immediate family members (spouse and unmarried children under 21) receive a conditional green card, which is valid for two years. To remove the conditions and obtain a permanent green card, investors must demonstrate that the required jobs have been created, and the investment remains at risk.
- Filing the I-526 Petition:
- The first step for EB-5 investors is to file an I-526 petition with USCIS. This petition demonstrates the investor’s eligibility for the program and provides information about the investment and business plan.
- Filing the I-829 Petition:
- To remove the conditions and obtain a permanent green card, investors must file an I-829 petition within the 90-day period before the conditional green card’s expiration. This petition includes evidence of job creation and the continued investment.
- Regional Centers:
- Many EB-5 investors choose to invest through Regional Centers, which are entities approved by USCIS to facilitate job-creating projects. Regional Centers can help investors meet the job creation requirement indirectly through economic modeling.