EB-5 Investor Immigration - Permanent Residence Through Investment

EB-5 Investor Qualification Criteria

• Must invest required amount in new commercial enterprise or troubled business
• Investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers
• Must demonstrate investment funds obtained through lawful means
• Must be actively involved in management or policy formation of the enterprise
• Investment must be at risk and not guaranteed return of capital
• Enterprise must be established after November 29, 1990, or restructured existing business

Minimum Investment Amounts (2022-2027)

• Targeted Employment Area (TEA): $800,000 minimum investment required
• Rural Area: $800,000 minimum investment (20+ miles from metro areas, population under 20,000)
• High Unemployment Area: $800,000 minimum investment (150% of national unemployment rate)
• Standard Investment: $1,050,000 minimum investment for all other areas
• Investment amounts set by EB-5 Reform and Integrity Act of 2022
• Amounts subject to inflation adjustments every 5 years starting 2027

Complete EB-5 Immigrant Investor Process

EB-5 Employment Creation Standards

• Must create minimum of 10 full-time jobs for qualifying U.S. workers
• Jobs must be created within 2 years of investor's admission to U.S. as conditional permanent resident
• Full-time employment defined as minimum 35 hours per week year-round
• Qualifying workers include U.S. citizens, permanent residents, and authorized workers
• Jobs for investor, spouse, and children do not count toward 10-job requirement
• Regional Center investments may count indirect and induced jobs with economic analysis

Regional Center Investment Option

• USCIS-designated entities that promote economic growth in specific geographic areas
• Investors may count direct, indirect, and induced jobs for job creation requirement
• Regional Centers manage pooled investments from multiple EB-5 investors
• Provides passive investment option with professional project management
• Regional Center must maintain USCIS designation and comply with integrity measures
• Requires less hands-on involvement from individual investors

Direct Investment Requirements

• Investor directly establishes new commercial enterprise or invests in troubled business
• Must be actively involved in day-to-day management or policy formation
• Can only count direct jobs created by the enterprise
• Requires hands-on business management and operational involvement
• Full control over business operations and investment decisions
• Higher burden for demonstrating job creation compliance

Lawful Source of Investment Capital

• Must provide detailed documentation showing lawful source of all investment funds
• Acceptable sources include business earnings, salary, inheritance, sale of property, gifts
• Bank records, tax returns, business records, and legal documents required
• Loans secured by personal assets may qualify if properly documented
• Foreign currency restrictions and money transfer regulations must be considered
• Professional verification and audit may be required for complex transactions

2-Year Conditional Green Card

• Initial green card valid for 2 years with conditions on residence
• Must file Form I-829 during 90-day period before 2-year anniversary
• Failure to file I-829 results in automatic termination of permanent residence
• Must demonstrate investment sustained and job creation requirements met
• Can travel freely and work without restrictions during conditional period
• Spouse and unmarried children under 21 included as conditional permanent residents

Form I-829 Petition Requirements

• Form I-829 petition must demonstrate sustained investment and job creation
• Must show investment enterprise remains active and operating
• Job creation requirements must be met by petition filing date
• Investment must remain at risk throughout conditional period
• Material changes to investment require USCIS notification and approval
• Upon approval, conditions removed and permanent green card issued

2022 Program Enhancements

• EB-5 Reform and Integrity Act of 2022 implemented enhanced oversight
• Fund administration and compliance requirements for Regional Centers
• Reserve account requirements for investor protection
• Enhanced due diligence and background check requirements
• Mandatory securities compliance and investor disclosure
• Annual reporting and monitoring of Regional Center operations

Current EB-5 Processing Timeline

• Form I-526E processing: Currently 30-60 months depending on country of birth
• Priority date retrogression affects investors from China and Vietnam significantly
• India and other countries currently have shorter wait times
• Consular processing or adjustment of status: 6-12 months after priority date current
• Form I-829 condition removal: 12-48 months processing time
• Premium processing not available for EB-5 petitions

Per-Country Visa Limits

• Annual per-country limit of 7% (approximately 700 visas) creates backlogs
• China: Significant retrogression with wait times of 5-15+ years
• Vietnam: Moderate retrogression with 2-5 year wait times
• India: Currently no significant retrogression but monitored
• Set-aside visas for rural and high unemployment areas reduce wait times
• Reserved visa categories have shorter processing for qualified projects

Protecting Your EB-5 Investment

• Thoroughly research Regional Center track record and previous projects
• Review business plan, financial projections, and job creation analysis
• Verify project location qualifies for TEA designation if applicable
• Examine project timeline and construction/development milestones
• Assess market demand and competitive landscape for project success
• Engage qualified securities attorney for offering document review

EB-5 Application Obstacles

• Extensive documentation requirements for source of funds verification
• Complex job creation calculations and compliance monitoring
• Regional Center selection and due diligence on projects
• Maintaining investment at risk throughout conditional period
• Currency transfer restrictions from investor's home country
• Coordination between business operations and immigration compliance
• Long processing times and priority date retrogression management