USA Residence by Investment EB-5 Program
Investment Residency in
the United States
The EB-5 and E2 visas are the two most common investment-based visas. The E2 visa is a non-immigrant visa, while the EB-5 visa is for immigrants. You may be given permanent resident status (a “green card”) in the United States under the EB-5 Immigrant Investor Program.
- In May 2016 FORTUNE stated that the US EB-5 Program could be the quickest way to get a Green Card.
- And in January 2017, FORBES stated that the EB-5 Program has become the most popular residency program in the world.
- The EB-5 Investor Visa Program is the fastest, simplest and most reliable way for permanent residency in the US.
What is the EB-5 Investor Visa
Program all about?
HOW CAN I NOW INVEST TO
GAIN US RESIDENCY?
USA Residence by Investment Requirements
An applicant must accomplish one of the following:
Make an investment in one of the following options:
- A total of USD1,050,000 in a Regional Center Project in a Non-Targeted Employment Area [NTEA].
- A total of USD 800,000 invested in a Regional Center Project in a Targeted Employment Area [TEA]which is primarily located in a rural or high-unemployment area.
Create or maintain 10 full-time permanent jobs for competent Americans:
- The money must be invested until permanent resident status is provided to the successful candidates after they get a green card (roughly five years).
- Conditional Green Cards will be issued to approve applicants for a two-year term.
- After demonstrating to US immigration authorities that the jobs were generated or sustained, the conditions on the green card are removed at the conclusion of the two years.
- Individual applicants must have a net worth of at least USD 1 million and be able to demonstrate that their funds have been legally obtained. They must intend to stay in the United States long enough to keep their green cards.
US Regional Center
CHOOSING A PROJECT TO INVEST
IN FOR YOUR US GREEN CARD
Direct – VS – Regional Centre Eb5 Investments
USA Residence by Investment
US EB-5 RESPONSIBITIES
What is your responsibility as an Intended EB-5 Applicant?
EB-5 INVESTOR RESPONSIBILITY
1) MINIMUM CAPITAL REQUIREMENT
$800,000 upfront investment in a new commercial enterprise.
2) BACKGROUND CHECK
The background check includes investigation to ascertain the investor, (and if applicable) their spouse and any unmarried children under 21 is not a convicted criminal, has no history of financial fraud and has not previously violated US Immigration Laws.
3) LEGALLY SOURCED INVESTMENT
Investors must clearly document that the required funds (US800,000 plus US50,000 Administration Fee) are from a lawful and verifiable source which includes:
What is your Agent’s Responsibility? |
WHINCHESTER’S DUTIES AND RESPONSIBILITIES.
1) OBTAIN USCIS APPROVAL BASED ON EB-5 COMPLIANT PROJECT DOCUMENTATION
Both I-526 and I-526E Forms at the Application Stage must be submitted in accordance with the new programme requirement as at July12, 2022. WhinChester must present project documentation including PPMbusiness plan and econometric report which must be approved by the USCIS as EB-5 compliant.
2) PROJECT MUST EXCEED US JOBS REQUIREMENTS FOR ITS INVESTORS
I-829 Application Stage. WhinChester must present proof that at least ten full time American jobs were created for each of the projects EB-5 Investors.
Procedure and Timeframe |
Applications for the program must be submitted using the approved forms, along with the required fees and supporting documentation. Derivative applicants which includes investors’ wives and unmarried children under 21 years of age are not obliged to make further financial contributions but must submit their documents.
Supporting documents include medical reports, immunization records, and certified police and court records of any criminal charges, arrests, or convictions together with the required documents. These requirements are mandatory.
Applicants acquire their conditional green card in 20 to 24 months on average. Two years later, the conditional green card is converted to a regular green card. Permanent residents can live anywhere in the United States, but their visa-free or visa-on-arrival destinations will automatically increase over and above that which they previously enjoyed with their home country citizenship; all as a result of their attainment of new US residency status.
Green Card Holders must have lived in the United States for at least five years before applying for citizenship. They must also establish that they have lived in the United States for at least 30 months out of the previous five years and that they understand the country’s language.
Once you are interested in the US EB-5 Investment Visa Program for getting your US Green Card, followed by US Citizenship and Passport under the EB-5 Program, then:
Frequently Asked Questions FAQs
Immigrant investors who wish to combine their investment with that of one or more additional investors who are applying for EB-5 status through the new regional center programmed are required to complete Form I-526E.
The option to include evidence by reference from a Regional Centre’s Form I-956F is one of the new features of the new regional center programmed that have been reflected in the introduction of this form.
Forms I-526 and I-526E must be submitted in accordance with the new programmed requirements from July 12, 2022 onwards, for which the filing cost is $3,675 per form.
It can be used provided that any applicable gift taxes are paid and the EB-5 investor can prove that the donor’s funds were lawfully sourced.
At the time of return of capital the investor may choose to repatriate to a non-US account or keep it in the US in a valid US account in investor’s name.
The 1-924 is a form used to seek approval for designation of a regional center and for preliminary approval of a business plan.
As investor you must apply to the US for EB-5 Visa Qualification through the submission of a number of required elements.
The US allows dual citizenship.
Out-of-Status Nationals are No longer permitted to apply for permanent residency from within the United States?
It is not mandatory but strongly recommended that the Investor hires the services of a competent translator to ensure that he fully understand the process.
EB-5 Investors capital remains at risk for the duration of the conditional residency period.
Federal Government closely scrutinizes the Investor’s capital USCIS case.Examiners require a well-documented source of funds.
The US citizen and Immigration Service Office (USCIS) is the US Government agency that processes all immigration documents.
The Investor, spouse and any unmarried children (even if adopted) under the age of 21 at the time of the I-526 Petition approval may receive a Green Card.
The investor, spouse and any unmarried children (even if adopted) under the age of 21 at the time of the 1-526 Petition approval may receive a Green Card.
Each investment has specific risk factors that are specifically described and addressed in the offering materials for each limited partnership. Risk factors differ for each limited liability partnership but may include economic conditions, failure to meet job requirements and desired immigration status under the USCIS Immigrant Investor Program.
Your parents/relatives/friends can gift you the $800,000. What is crucial in these circumstances is your ability to establish legitimacy of the source of funds. The 1-526 Petition has to present that the funds were lawfully earned.
The US Immigration Rules in effect as of August 2022, requires that the Investment must be no less than $1.05 Million or $800,000. This minimum requirement will depend on the area in which the US business receiving the investment is located (“TEA”).
Direct EB-5 Is the process of investing into the Investor’s own Business or Company, among other requirements the Investor will need to at least invest the minimum investment amount ($1.05M or $800,000).
The Government approved limit is 10,000 per year.
The vast majority of all EB-5 applications are made through qualifying Regional Center (90% of them). A smaller number (10%) are investments into a closely held or “Direct” business. NO restriction in the types of business eligible for EB-5 purposes but the business must have the potential to create a minimum of 10 permanent jobs.
After you have been a permanent resident, a Green Card holder for five years, you will be eligible to apply for Naturalization.
WhinChester Corporate & Immigration Services PowerHouse is a leading immigration, corporate and international business services provider for many years.We have the experienced manpower to handle your application from the beginning to the end. We have successfully completed many EB-5 applications for our clients. We are very knowledgeable with the processes and the law. You can depend on us!