EB-5 Visa: Investing in U.S. Permanent Residency

The EB-5 Immigrant Investor Program offers a pathway to U.S. permanent residency for foreign nationals who make qualifying investments in the United States. Established by Congress in 1990, the program aims to stimulate the U.S. economy through job creation and capital investment by foreign investors.

Eligibility Criteria

To qualify for an EB-5 visa, applicants must meet specific investment and job creation requirements:

1. Investment Amount

• Standard Investment: The EB-1 visa is divided into three categories, each catering to different types of applicants:

• Targeted Employment Area (TEA) Investment: A reduced minimum of $900,000 if the investment is made in a TEA, which includes rural areas or regions with high unemployment. USCIS

2. Job Creation

• The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor's admission to the United States as a conditional permanent resident. USCIS

3. New Commercial Enterprise

• The investment must be in a for-profit entity formed for the ongoing conduct of lawful business. USCIS

Application Process

The EB-5 application process involves several key steps:

1. Filing Form I-526:

• The prospective investor submits Form I-526, Immigrant Petition by Alien Investor, to U.S. Citizenship and Immigration Services (USCIS), providing evidence of the investment and job creation plans. Travel.gov

2. Conditional Permanent Residency

• Upon approval of the I-526 petition, the investor applies for a two-year conditional permanent resident status. Travel.gov

3. Filing Form I-829

• Within the 90-day period before the second anniversary of obtaining conditional status, the investor files Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, demonstrating that the investment criteria have been met.

Recent Developments and Statistics

In recent years, the EB-5 program has seen significant activity:

Increased Demand: Fiscal Year 2024 experienced a record-breaking number of EB-5 visa issuances, with all unreserved EB-5 visa numbers fully utilized by August 2024. Invest In the USA

• Processing Updates: The U.S. Citizenship and Immigration Services (USCIS) has updated its policy manual to provide guidance on the integrity measures introduced by the EB-5 Reform and Integrity Act, emphasizing compliance and due diligence for investors and associated entities. Reuters

Take the Next Step with Elevate Dreams

Navigating the EB-5 visa process requires careful planning and adherence to detailed requirements. Elevate Dreams is dedicated to assisting you through each phase, from evaluating your investment options to preparing and submitting your application. Book a consultation today to explore how we can help you achieve your U.S. immigration objectives.