Welcome, ! This 4-step easy checklist is specifically designed for EB-5 investors, focusing on EB-5 regional center investments—the preferred choice for 95% of EB-5 applicants.
It’s essential that you seek professional legal advice from an EB-5 immigration lawyer for your immigration application. These professionals are the only ones authorized to submit an EB-5 application to the U.S. Citizenship and Immigration Services (USCIS).
In addition, it is important to choose the right project. Compare the projects offered by various regional centers.
.
1. Choosing an EB-5 Project
- Research EB-5 Regional Centers (recommended for 95% of applicants). It is smart to use a trusted advisor who understands real estate and finance.
- Consult with an EB-5 attorney regarding your application. You can interview one or two and see who you have a personality fit with.
- Conduct due diligence on the Regional Center and project: Some things to ask and look at:
- Project viability (What is the probability of success)
- Job creation potential (Is there enough jobs being created – look at the jobs report)
- Developer track record (Does the developer have experience)
- Location (is the location somewhere desirable)
- Does the Regional Center team have experience
2. File an I-526 Petition
- Your attorney will prepare and submit Form I-526 (Immigrant Petition by Alien Entrepreneur) before the USCIS to begin the EB-5 application process.
- Include a comprehensive business plan and economic impact analysis
- Provide evidence of lawful source of investment funds
- Demonstrate that investment capital is “at risk”
- Pay required filing fees
3. Apply for a Conditional Green Card
- After I-526 approval, you will file DS-260 (if you live abroad) or I-485 (if you live in the U.S.)
- Undergo medical examination and provide police clearances
- Attend biometrics appointment
- Participate in USCIS interview (if required)
- Receive 2-year conditional permanent resident status upon approval
4. Adjust the Status for EB-5 Applicants/Investors
- File Form I-829 within 90 days before conditional Green Card expiration
- Provide evidence that investment has been sustained
- Demonstrate required jobs have been created or will be created within reasonable time
- Submit updated personal and project documentation
- If approved, receive permanent Green Card (valid for 10 years, renewable)
In the chart below, you can quickly see the steps to obtain permanent residency in the U.S. through the EB-5 visa program.
1. Select Investment Type
2. File I-526E (Immigrant Petition)
3. Obtain Conditional Green Card (2 years)
4. Create / Preserve 10 Full-Time Jobs
5. File I-829 (Remove Conditions)
6. Receive Permanent Green Card
Have any questions about the EB-5 visa requirements? Here are the key highlights of this program.
EB-5 Visa Requirements:
| Step | Details |
|---|---|
| Investment amount | – $1,050,000 for a standard investment – $800,000 for an investment in a Targeted Employment Area (TEA) |
| Job Creation Requirement | Investment must create or preserve at least 10 full-time jobs for U.S. workers |
| Types of Investments | – Direct Investment: Investor manages the business and job creation. – Regional Center Investment: Regional center manages job creation. |
| Process Steps | 1. Choose an investment (Direct or Regional Center) 2. File Form I-526E (Immigrant Petition) 3. Obtain conditional Green Card 4. Meet job creation requirement 5. File Form I-829 (to remove conditions) |
| Conditional Green Card Duration | 2 years |
| Permanent Residency | Once Form I-829 is approved, the investor and family receive permanent Green Cards |
| Benefits of the EB-5 Program | – Permanent residency for you, spouse and children – Path to U.S. citizenship after 5 years – No geographic restrictions within the U.S. |
| Key Considerations | – Financial risk, like any investment – Processing times can vary (2-3 years or more) – Verify TEA designation for reduced investment |
Frequently Asked Questions: EB-5 Investors Visa Program Guide
What are the fees associated with the EB-5 program?
- Regional Center Admin Fee: $50,000 – $70,000
- USCIS Filing Fees:
- I-526E Petition: $11,160 (as of 2024)
- I-829 Petition: $3,835
- Attorney’s Fee: $15,000 – $25,000
When do investors get their money back?
- Repayment depends on the project’s terms and success
- Varies case by case
What are acceptable sources of funds for EB-5 investments?
- Personal savings
- Income from employment
- Business income
- Sale of property/assets
- Gifts from friends and family
- Secured loans
Who can be included in an EB-5 application?
- The main applicant
- Spouse
- Unmarried children under 21
How long does it take to get a Permanent Green Card through EB-5?
- Average timeline: 3 to 5 years
For more information about the EB-5 program, you can check out our blog where you’ll find more details.
How EB-5 investors can apply with a partial investment and pay the rest later
Allowed by EB-5 regulation, partial investment can be advantageous for foreign investors who do not have all their funds available at the time when they wish to apply
Why are EB-5 set-aside categories beneficial for some investors?
The EB-5 set-aside categories aim to support the primary objective of the EB-5 visa program: to simulate the U.S. economy and create jobs.
Why Miami is a strategic choice for Latin American EB-5 investors
Miami can be a strategic gateway for Latin American EB-5 investors in the U.S. and developers particularly interested in the EB-5 market.
Questions to ask an EB-5 Regional Center before investing
By asking the right questions, EB-5 investors can ensure that their potential regional center is financially sound and legally compliant
Find out if you are eligible for the EB-5 program. Take our free evaluation!
Additionally, you can join our free webinars featuring top professionals.
