The EB-5 program, established by the U.S. Congress in 1990, lets foreign entrepreneurs and their families live in the U.S. to oversee big investments. The EB5 Immigrant Investor Program is a U.S. system that offers the opportunity for foreign investors to obtain U.S. lawful permanent resident status for themselves and their immediate families. The EB5 Immigrant Investor Program provides a pathway to a permanent green card and eventually citizenship for qualified immigrant investors.
As of November 21, 2019, the minimum investment required has been increased to $900k. This change was announced by the Department of Homeland Security (DHS) on July 24, 2019, and took effect on November 21, 2019. The rule also states that starting from October 1, 2025, the minimum investment amount will be adjusted for inflation.
The U.S. Congress created the EB-5 category in the Immigration Act of 1990 to create jobs for American workers by attracting foreign capital investment to the U.S. The investor is allowed to engage in new or existing commercial enterprise anywhere in the US by investing a certain amount in a new commercial enterprise that will benefit the U.S. economy.
The regulation increases the minimum investment from $500,000 to $900,000 for targeted employment areas (TEAs) and up to $1.8 million for all other investments.
The regulation imposes stricter criteria for the designation of TEAs, which will significantly reduce the number of viable Regional Center projects. It appears that the majority of current projects may not meet the requirements of the new rule, although some projects are offering compliant investments. The new rule generally favors TEAs located in rural areas and removes the state’s ability to designate areas they consider to have low employment. The result seems to be a significant limitation (after 11/21/19) of the projects that qualify for the lower TEA threshold investment amount.
Currently, the EB5 investor must contribute a minimum amount of $900,000 in a TEA or $1,800,000 in non-TEA to a new commercial enterprise in the U.S. generating at least ten (10) full-time jobs with a lawful source of funds. As of March 15, 2022, the EB-5 investor in the United States may file concurrently their I-485 Adjustment of Status application. This legislation offers the EB5 investor the opportunity to get their EAD card and Advance Parole to travel pending the approval of their I-526 green card petition which is taking 18-24 months. For EB5 investment in TEA or rural areas, the priority date is current for all countries. As such, this is a great time to get your green card faster under the EB5 Program, especially, for countries with a long backlog, like China and India.
Under the EB-5 Program, your investment must meet all the requirements of the United States Citizenship and Immigration Services (USCIS) regulations, including the (i) investment must be at risk and (ii) creation of at least 10 full-time jobs for each investor. The EB-5 Program is very complex with many challenges to obtaining your green card. One of the major challenges we see is the source of funds documentation for the EB5 investors, in addition to performing due diligence on EB-5 projects. The EB5 Program remains a great, practical, and fast venue for immigration to the U.S. It is important to see the advice of a qualified EB5 lawyer, not only for the preparation of the immigration paperwork, but in the investment of the underlying U.S. business entity, or the purchase of an already existing U.S. business.
The Chan Law Firm provides developers and immigration investors the needed services to successfully leverage the EB5 Program. We offer EB5 Regional Center formation, marketing, and compliance services tailored to developers and immigrant investors. Our legal team and strategic partners are committed to helping our clients achieve their business and personal goals. Our comprehensive services include:
Forming of regional centers for developers;We understand the decision to immigrate to the U.S. is a very important one. At Chan Law Firm, we educate our immigrant investors about the EB5 process and assist them every step of the way to obtaining their green cards. Our professional staff works closely with our clients to effectively meet their immigration needs. It will be an honor to serve your family in the EB-5 visa process.
At Chan Law Firm, we are your one-stop EB5 shop to finance your next project. We have the experience and integrity to ensure that your business objectives are met by working with the best professionals in the EB-5 industry. The Chan Law Firm team consists of top legal attorneys and business professionals who, each in their own realm, are able to advise clients and provide written reports for the creation of Regional Center submissions.
Once your regional center is formed, we guide you through the EB-5 project representation compliance process. While EB-5 provides an affordable financing option for many projects, compliance is key to helping obtain their green cards. We work closely with regional center operators, developers, and investors to orchestrate a successful project completion and compliance process and protocol.
In a competitive global economy, foreign investors have options as to where they would like to put their investment dollars. At Chan Law Firm, we help you craft your marketing strategy to effectively communicate with your potential immigrant investors. Our goal is to ensure all parties involved are educated about the EB-5 regional center immigration process.
We understand the decision to immigrate to the U.S. is a very important one. Our investment investor lawyers, educate our immigrant investors on the EB-5 visa process guidance and assist them every step of the way to obtaining their green cards. Our professional immigration staff works closely with our clients to effectively meet their immigration needs. It will be an honor to serve your family in the EB-5 visa process.
Our law firm has obtained USCIS designated regional center approvals in several states, and is currently helping developers market their projects, and assisting immigrant investors globally with their EB-5 visa applications. With the immigration applications, we are helping to bring millions of dollars into the U.S. economy while creating thousands of direct and indirect jobs all over the country. We are proud to work with our developers and immigrant investors to achieve the economic development objectives of the Program.
USCIS administers the Immigrant Investor Program. Under this program, immigrant investors with their spouses and unmarried children under 21 are eligible to apply for a green card.
In 1990 the United State Congress created the Immigrant Investor Program to stimulate the American economy by attracting foreign investment dollars that resulted in job creation. The intent of the legislation is to provide permanent immigrant status to those individuals willing to invest a minimum of $1,800,000 – or $900,000 if the project is located in a Targeted Employment Area (TEA). For the lower investment amount of $900,000, the project must be located in a rural area (consisting of a population of less than 20,000 people) or experience a high employment rate (defined as 150 percent of the national average rate). The law mandates that each immigrant investor invest the amount required and create a minimum of 10 full time jobs for American workers. It is pertinent to document that amount invested comes from lawful sources to qualify for a green card.
In 1992 the Regional Center concept was passed into law. The Regional Center is a pilot program that has been renewed multiple times, most recently through September 30, 2016, and which provides many additional benefits to immigrant investors. Under the Regional Center Program, the immigrant investors can take advantage of (I) making a passive investment, (II) living anywhere in the United States, (III) pooling of funds with other investors similarly situated, (IV) counting direct and indirect jobs, and (V) accessing the education system in the United States. The Program provides immigrant investors with flexibility to invest in various projects to achieve their U.S. permanent legal residency status. One investment in a regional center project permits the immigrant investors with their spouses and children under 21 to obtain a green card.
Recently, there has been much debate on how to improve the Regional Center Program. The legislation is up for renewal again this September and the future of the program looks promising, although a number of changes are expected, such as an upward adjustment in many of the fees charged by the USCIS and an increase in the investment amounts above the current thresholds. The Regional Center Program has brought billions of dollars into the U.S. economy and created thousands of jobs for Americans all over the country.
Our law firm in New York City is here to assist you. We take pride in our 100% approval rate in helping secure EB5 Investors Visas. However, it’s important to note that each EB-5 visa case is unique and not influenced by previous successes. Various factors and economic conditions, many of which may be beyond anyone’s control, can impact the outcome.
We have had the privilege of representing clients from all corners of the globe, including investors and their families from countries such as Brazil, Argentina, Colombia, Mexico, Venezuela, Egypt, India, Kuwait, Dubai, China, Iran, the United Kingdom, and Canada. Our team is well-versed in the EB5 process and can provide valuable insights to help you navigate potential legal challenges.