EB-5 Visa

The EB-5 program offers foreign investors the opportunity to gain permanent residency in the U.S. by making a significant financial investment in a U.S. business. This investment is expected to create jobs and stimulate economic growth. When the process is completed correctly, the investor and their family can eventually become U.S. citizens.

The required investment amount ranges from $500k to $800k up to $1.5 Million, depending on the location and economic conditions of the area. For instance, investments in Targeted Employment Areas (TEAs), which are regions with high unemployment, require a minimum of $500k. An example of such an area is certain parts of Miami, Florida. Conversely, investments in areas with lower unemployment, such as bustling metropolitan business districts, typically require at least $1.5 Million. Additionally, an approximate $50,000 is needed to cover administrative costs.

The EB-5 investment can be made directly into a business or through a regional center. Regional centers are entities designated by USCIS that pool investments to fund large-scale projects, which in turn create jobs. These centers are responsible for managing the investment and ensuring compliance with EB-5 requirements.

• Job Creation: The investment must create or preserve at least 10 full-time jobs for U.S. workers within two years. These jobs can be direct, within the business itself, or indirect, resulting from the investment in a regional center.
• Investment Amount: The minimum investment is $500k to $800k up to $1.5 Million in other areas. The funds must be “at risk,” meaning there is no guarantee of return, and the investor could potentially lose the entire investment.
• Source of Funds: The investment capital must come from lawful sources. This requires documentation such as bank statements, affidavits, and other financial records to prove the legitimacy of the funds.
• Management Role: The investor must be involved in the business in a managerial or policy-making capacity, emphasizing strategic decision-making rather than day-to-day operations.

1. Initial Steps: The first step is filing Form I-924 to gain approval for the regional center, which can take between one to one and a half years. Once approved, investors can begin filing their I-526 petitions with USCIS. Marketing efforts can start before I-924 approval, but individual investor applications cannot be filed until the approval is granted.
2. Investment: The investment funds must be placed at risk and invested before filing Form I-526. Escrow accounts are often used to track the investment dollars, and funds are released once contractual terms are met.
3. Documentation: Investors must provide comprehensive documentation, including foreign business registration records and tax returns, to support their application.

As an EB-5 visa holder, your spouse and unmarried children under 21 can also be admitted to the United States. They can enjoy the same benefits and apply for permanent residency alongside you.

• Direct Jobs: These are identifiable positions within the commercial enterprise where the EB-5 investor has directly invested capital.
• Indirect Jobs: These are jobs created as a result of capital invested in a commercial enterprise affiliated with a regional center. Investors can only count indirect jobs if they are affiliated with a regional center.

The EB-5 investment carries inherent risks. There is no guarantee that the investment will yield a return or that the visa petition will be approved. The investment must be at risk, meaning the investor could lose all or part of the investment. Additionally, even if the investment is successful, the visa application might still be denied. Conversely, the visa might be approved, but the investment could fail. Investors should be prepared for various outcomes.

The typical timeframe for the return of capital is between five and seven years. Ensuring the safe return of the investment is a top priority, but it is subject to the success of the business venture.

For more information or specific questions, you can reach out at 305-491-3866 or email immigration@bellsouth.net. The EB-5 visa process is complex, and while this overview provides a general understanding, professional guidance is recommended to navigate the intricacies of the program.