EB5 Requirements: What You Need to Know!

Inaugurated in 1990, the EB-5 program constitutes a cornerstone in the U.S. government’s arsenal for catalyzing economic expansion. It achieves this by enticing foreign investors to foster job creation and infuse capital into the United States. Today, we embark on an in-depth exploration of the...

Written by

Facundo Bermúdez

Published on

24 Sep 2023

Table of Contents:

Inaugurated in 1990, the EB-5 program constitutes a cornerstone in the U.S. government’s arsenal for catalyzing economic expansion. It achieves this by enticing foreign investors to foster job creation and infuse capital into the United States. Today, we embark on an in-depth exploration of the EB-5 Immigrant Investor Program, delving into the latest EB5 Requirements update. Administered by USCIS, the EB-5 initiative is a linchpin of the U.S. government’s strategy to invigorate economic growth through contributions from foreign investors.

The program operates through both individual investments and investments in USCIS-designated regional centers. It stands as a favored avenue for foreign investors aspiring to reside and work in the United States, thereby enriching a dynamic and diverse economic landscape. In exchange for their investment, foreign participants can obtain a Green Card, bestowing upon them permanent residency in the United States.

Advantages of the EB-5 Visa

The EB-5 visa offers a conduit for eligible investors to transition into permanent residents of the United States. By injecting substantial capital into a U.S. enterprise, investors can secure Green Card status. On March 15, President Biden ratified the EB-5 Reform and Integrity Act of 2022, ushering in a series of operative implementation dates for the program. This legislative act extends the program’s vitality until September 30, 2027.

EB5 Requirements

Eligible investors must allocate funds into a nascent commercial venture to qualify for the EB-5 visa. This encompasses partnerships, corporations, and other profit-oriented undertakings, except for personal residences. Job creation is the fulcrum of the EB-5 program. Investors must foster a minimum of ten full-time positions for eligible employees.

For enterprises beyond a regional center, jobs must be directly engendered by the enterprise or its wholly owned subsidiaries. However, for those within a regional center, up to 90% of job creation can be fulfilled through indirect employment opportunities. In the instance of distressed businesses, investors can lean on job preservation, substantiating that the existing workforce will not dip below the pre-investment level for a minimum of two years.

Capital, encompassing cash and tangible assets under the investor’s dominion, assumes a pivotal role. Illegitimately obtained assets are not classified as capital. Gifts and loans to the investor were formally acknowledged as capital as of May 14, 2022, subject to specific conditions. All capital must be assessed at fair-market value in U.S. dollars.

Investment Thresholds for the EB-5 Visa

The financial facet of the EB-5 visa experienced substantial transformation with the enactment of the EB-5 Reform and Integrity Act. Previously, the minimum investment stood at $1,000,000, with targeted employment areas necessitating $500,000. Post-update, the minimum investment now stands at $1,050,000, while targeted employment areas require $800,000. Projections indicate prospective adjustments tethered to inflation every five years. Targeted employment areas, encompassing rural zones or locales with elevated unemployment rates, can markedly influence the requisite investment sum.

The act also introduced reserved allocations for immigrant visas, earmarking a percentage for specific categories, including investments in rural areas, high unemployment areas, and infrastructure projects.

Application Process for the EB-5

Foreign investors keen on the EB-5 visa must initially identify a qualifying investment prospect, which can be either a new venture or an expansion of an existing enterprise. The investment must be directed towards a legal and operational entity, with the investor actively engaged in its administration. After the investment, a petition must be submitted to the U.S. Citizenship and Immigration Services (USCIS), including substantiation of the investment and validation of job creation.

If granted, the investor obtains a provisional Green Card valid for two years. During this span, the investor must demonstrate the success of the investment and the realization of requisite employment opportunities. If conditions are met, the investor’s Green Card attains permanence, enabling permanent residency in the U.S. and eligibility for U.S. citizenship after five years.

How can we help you?

Our Assistance Vital to the process is the selection of an enterprise that aligns seamlessly with EB-5 criteria. Our comprehensive services encompass the identification and oversight of businesses, streamlining the immigration investment process. We acknowledge that investors may face constraints on their presence in the U.S. during the EB-5 application process, and we cater to this by offering a solution that enables remote monitoring of financial and strategic direction.

Your peace of mind and time are of immeasurable value to us. In response to our clients’ evolving needs, we take pride in unveiling our innovative One-Stop Solution. This integrated offering is tailored to elevate the planning and execution of our clients’ relocation journey. Its primary aim is to furnish the indispensable support, expert counsel, and crucial connections for a seamless transition to the U.S.

This encompasses a gamut of services, ranging from immigration and franchise attorneys to forging partnerships with reputable moving companies for a seamless physical relocation experience. In the ensuing section, we will furnish an exhaustive overview of the extensive support our team is steadfast in providing to our esteemed clients.

Conclusion

In conclusion, the EB-5 Immigrant Investor Program stands as a pivotal conduit for foreign investors eager to contribute to the U.S. economy while securing a route to permanent residency. The 2023/2024 requirements update underscores the program’s unwavering commitment to economic growth and job creation. With the recent enactment of the EB-5 Reform and Integrity Act, extending the program’s lifespan until September 30, 2027, a renewed opportunity beckons for investors.

Although navigating this process may be intricate, our team is resolutely devoted to providing expert guidance. From identifying qualifying opportunities to facilitating the application process, our goal is to offer a seamless experience for investors. This assistance is especially valuable for those contending with limitations on their stay in the U.S. during the application process.