EB-5 Visa General Information
1. How many EB-5 immigrant visas are allotted?
The EB-5 program allots 10,000 visas per year whose qualifying investments result in the creation and/or preservation of at least ten (10) full-time jobs for U.S. workers. 5,000 EB-5 immigrant visas are set-aside for investment in designated regional centers, which are areas of high unemployment or other qualifying areas.
2. What is the history of the EB-5 visa category?
The EB-5 visa category started in 1991. Regional Centers started in 1993. During the mid 1990-‘s several companies competed for investment capital from foreign investors for the EB-5 program. Most of the companies didn’t offer sound investment opportunities and did not raise the full one million dollar investment capital or hire the required number of employees.
INS wanted to stop these abuses of the program, this involved law suits and the EB-5 program was effectively placed on hold between 1998 and 2002. In 2002, Congress passed a new law to protect the pre-1998 investors. Also, in a case commonly known as “Chang” in the 9th Circuit Court of Appeals ruled that INS may not apply their new rules retroactively. In August of 2003, INS began approving regional center petitions for the first time since 1998.
It is now common knowledge that EB-5 immigration petitions based on sound investments in designated regional centers for the full one million dollars as prescribed by the rules, with the proper supporting documentation, should be approved.
3. What are some of the benefits of the EB-5 visa program?
- Qualifying investors and their spouse and minor children (under 21) will be granted US Lawful Permanent Residency
- No minimum requirements as to age, to speak English, employment experience, or education
- Investor and family may live/work anywhere in the United States. Minor children may obtain employment, subject to age, state and governmental laws and regulations.
- Education benefits including admission to Universities at US resident costs.
- The EB-5 program does not require immigrant investors to manage their investment on a day to day basis.
- After five years, the investor and their family may obtain US citizenship, subject to meeting all immigration requirements, as required under law.
4. Is EB-5 a truly passive investment?
The EB-5 regulations require involvement in management or policy making. The regulations deem a limited liability corporation, which is properly structured and that conforms to the Corporations Act as sufficiently engaged in the EB-5 enterprise.
5. Where can I find a copy of the relevant EB-5 law and regulations to review?
Please go to the US Bureau of Citizenship and Immigration Services: http://www.uscis.gov/portal/site/uscis
6. I want to invest in the USA and get a green card, is the EB-5 visa suitable for me?
The EB-5 visa permits employment in the US for the investor and their family. Quite simply, the EB-5 visa gives you the opportunity and flexibility to do what you want in the USA. If you do not want to actively manage your business, you should consider a regional center EB-5 investment.
7. What if I want to manage my own business?
If you want to manage your own business, consider an L-1 (Non-Immigrant Intra-company Transferee), E-2 Visa (Non-Immigrant Treaty Investor), or EB-5 Alien Entrepreneur Investment by investing $1,000,000.00 into your own business which you control, and create the necessary 10 new jobs within a new enterprise. If your goal is to have a Green Card and not to actively manage a business, it is maybe less expensive to utilize a structured investment program in the Regional Center EB-5 category rather than to start and maintain your own business.
Related EB-5 Information Pages:
EB-5 USA Immigrant Investor Program
Note that this information is subject to change, please visit the USCIS web site at www.uscis.gov/portal/site/uscis