In 1990, the U.S. government created the EB-5 immigrant investor visa category (Green Card) as part of the Immigration Act. This new category was created in the hopes of attracting foreign immigrant investment to the U.S. and in the process, creating new jobs for American workers.

EB-5 Investor Benefits

1.    All legal Green Card holders under the EB-5 Investor Program enjoy the same benefits as every other United States resident. A Green Card holder may not remain outside of the U.S. for long periods without applying for prior approval from the USCIS.

2.    Any qualifying member of the family with an "EB-5 Visa" can enter the U.S. at any time and stay as long as he or she wishes.

3.    Investors may come to the United States for personal or business purposes any time.

4.    EB-5 Green Card holders can travel to the U.S. without the need for applying for a visa at a US Consulate or Embassy. They may work, live, or own their property or businesses anywhere in the United States.

5.    The U.S. has internationally recognized colleges and universities, graduate or post-graduate. As a Green Card holder, the investor may benefit from lower tuition costs.

6.    The cost of living in the U.S. is less than most large industrial nations. Housing costs are significantly lower, and consumer goods and services are generally less expensive than comparable services and goods in many other western countries.

7.    Students may work in the U.S. while attending college and university, and continuing graduate and postgraduate studies.

8.    The U.S. provides public schools, health and medical attention, social security, and other social programs.

9.    The EB-5 Investor has the ability to bring other qualified family members to the U.S. after proper application, and can obtain U.S. Citizenship after 5 years.

The Different EB-5 Visa Options

There are two main EB-5 programs - the Basic EB-5 Visa Program and the EB-5 Regional Center Program.

Option 1 - Basic EB-5 Visa Program

In order for an applicant to qualify under the Basic EB-5 Visa program, they must meet the following three requirements:

• Make an investment in a new commercial enterprise.
• Make an investment of at least $1 million into that enterprise.
• Lead to the creation of employment for at least 10 full-time U.S. workers.

The investment may consist of the contribution of various forms of capital, including cash, equipment, inventory, property, and other tangible equivalents. An investment amount of $1 million is generally the minimum.

Option 2 - EB-5 Regional Center Program

This involves a passive investment of $500,000 made in a ‘Targeted Employment Area’ (TEA) within a Designated Regional Center.

The EB-5 policy management requirement is minimal in that the investor can be a limited partner and still qualify as long as the limited partners have a policy-making role. Thus, for those who are not interested in day-to-day management or running an active business, Regional Center programs offer a more acceptable inactive form of investment.

The investor is not required to live in the place of investment; rather, he or she can live wherever he/she wishes in the United States.

The EB-5 Regional Center program is ideal for the retiree or inactive investor due in large part to the "indirect employment" feature of this program. The Regional Center Program removes the employee requirement of the Regular program and replaces it with a less restrictive "indirect employment creation," which allows the investor to qualify by proving a combination of 10 direct and/or indirect employees.

EB-5 Application Process

1.    Investor elects to invest in a designated Regional Center (Partnership) and signs the Subscription Agreement, the Limited Partnership Agreement, the Escrow Agreement/Waiver, and deposits $500,000 into an escrow account.

2.    Legal Counsel submits an Immigrant Petition (I-526). Investor provides information and documents to enable them to submit the Immigrant Petition (I-526).

3.    Upon approval of I-526, the Department of State issues an Investment Packet for Immigration Visa Application, which contains information and forms for investor completion prior to scheduling a visa interview.

4.    Investor is notified of U.S. Consulate Interview date and receives Appointment Package for Immigration Visa Applicants. Medical examination is required.

5.    U. S. Consulate Interview. Conditional Visa is granted usually at the time of the interview.

6.    Immigrants enter the U.S. within 180 days after visa approval.

7.    21-24 months after U.S. entry, legal counsel files application for removal of conditions on visa (I-829).

8.    Upon approval the conditional status of the visa is removed and permanent residency is granted.