The EB-5 visa provides foreign nationals an opportunity to obtain a U.S. green card in return for making a job-creating investment within the United States.
The EB-5 visa program offers several advantages, including:
- Green cards for you, your spouse and any children under 21 with a single visa application.
- The freedom to live, work, and retire anywhere in the U.S., regardless of the location of your EB-5 investment.
- An opportunity to diversify your investment portfolio in the United States.
- Access to a U.S. college education at the same cost that in-state residents pay.
- The choice to become a U.S. citizen approximately 5 years after receiving a conditional green card.
Unlike other United States visa programs, there is:
- No requirement to manage daily business operations or employees.
- No travel restriction in and out of your home country.
- No sponsor requirement.
- No extraordinary ability or education requirement.
ML Companies USASIA PACIFIC, INC.’S SERVICES FOR OUR EB-5 INVESTORS
USAISA PACIFIC, Inc. partners with you to ensure that you understand the EB-5 immigrant visa program’s benefits, requirements, and processes. You can trust us to:
- Discuss investment opportunities and provide detailed answers in understandable terms.
- Support and guide you through the investment and green card process.
- Recommend experienced immigration attorneys who specialize in EB-5 investor visas.
- Coordinate the immigration process to maximize your chances of receiving EB-5 visa approval.
- Diligently manage your investment so that it delivers income and long-term growth.
To learn more about the EB-5 visa program, please read the EB-5 visa background section.
Related Info
Official USCIS Web Link Review EB-5 immigrant investor visa eligibility
List of Regional Centers Approved U.S. regional centers
EB-5 VISA BACKGROUND
EB-5 visas offer immigrant investors the most flexible path to permanent lawful U.S. residence and, ultimately, citizenship. EB-5 investor green card eligibility requires investing the required capital and proving a legal source of funds. If the investment is in a Targeted Employment Area (TEA), an area with an unemployment rate of 1.5 times the national average, or a rural area, the required investment amount is $800,000. Otherwise, the required investment amount is $1,050,000. There are no restrictions regarding age, education, business experience, or language. EB-5 investors may live and work anywhere in the United States, regardless of the location of the investment.
U.S. Citizenship and Immigration Services (USCIS) administers the Employment Based 5th Preference Program (EB-5 investment visas). This visa program was first created by the U.S. government in 1990, under section 203(b) (5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b) (5), to encourage economic development projects and job creation. The 1990 law required each investor to create 10 direct and/or indirect jobs. On October 6, 1992, the U.S. government created the Regional Center Program under Section 610 of Public Law 102-395 to further promote immigration and investment through the EB-5 visa category by creating regional centers. Currently the Regional Center Program has been extended through June 30th, 2021.
WHAT IS A REGIONAL CENTER?
A regional center is a geographic area designated by USCIS as eligible to receive capital from immigrant investors. A major advantage of the regional center program is to allow investors to rely on indirect job creation (i.e., using an approved economic forecasting model) rather than direct employment (i.e., hiring full-time employees).
To obtain regional center designation, promoters must submit a proposal to USCIS detailing how the investment program will achieve economic growth, business objectives, job creation and capital commitment. A regional center may focus on one investment or develop a variety of unrelated investments within its geographical boundary. ML Companies, USASIA PACIFIC, INC. successfully partners with federally approved Regional Centers across the United States.
EB-5 investors receive a “conditional” or temporary green card valid for two years from the date of their first entry into the U.S. as a permanent resident. Simply put, as long as the regional center substantially complies with its business plan and fulfills job creation requirements, the investor will receive an “unconditional” or permanent green card. The entire process to obtain a permanent green card typically takes 3-5 years depending on USCIS processing times and the quality of the applicant’s documentation.
It is important to invest with the right EB-5 regional center. Feel free to ask us about our track record in delivering both permanent green cards and return on investments to investors.
EB-5 REQUIREMENTS
The EB-5 visa category is available to immigrants seeking to enter the United States in order to invest at least $1,050,000 or $800,000 in a Targeted Employment Area that will benefit the U.S. economy and create at least 10 full-time jobs. Initially, there were two options for investing within the EB-5 category: creating a new commercial enterprise or investing in a troubled business. Then, in 1992, Congress introduced the Regional Center program, which is how over 90% of EB-5 investment is made today. Below is a summary of the requirements for each alternative. All USASIA PACIFIC, INC.’S EB-5 investment is made through the Regional Center program.
NEW COMMERCIAL ENTERPRISE
To qualify you must:
- Invest or be in the process of investing at least $1,050,000. If your investment is in a designated Targeted Employment Area (discussed further below), then the minimum investment requirement is $800,000.
- Benefit the U.S. economy by providing goods or services to U.S. markets.
- Create full-time employment for at least 10 U.S. workers. This includes U.S. citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the United States. However it does not include you (the immigrant), or your spouse, sons or daughters.
- Be involved in the day-to-day management of the new business or directly manage it through formulating business policy – for example as a corporate officer or board member.
Targeted Employment Area is defined by law as “a rural area or an area that has experienced high unemployment of at least 150 percent of the national average.” For further detail click on the Laws section of this website and access section 203(b)(5)(B) of the Immigration Nationality Act (INA).
TROUBLED BUSINESS
To qualify you must:
- Invest in a business that has existed for at least two years.
- Invest in a business that has incurred a net loss, based on generally accepted accounting principles, for the 12 to 24 month period before you filed the Form I-526 Immigrant Petition by an Alien Entrepreneur
- The loss for the 12 to 24 month period must be at least equal to 20 percent of the business’s net worth before the loss.
- Maintain the number of jobs at no less than the pre-investment level for a period of at least two years.
- Be involved in the day-to-day management of the troubled business or directly manage it through formulating business policy. For example as a corporate officer or board member.
- The same investment requirements of the new commercial enterprise investment apply to a troubled business investment ($1,050,000 or $800,000 in a targeted employment area).
REGIONAL CENTER PROGRAM
To qualify you must:
- Invest at least $1,050,000 or $800,000 in a regional center affiliated with a new commercial enterprise or a troubled business located within the area of the USCIS designated Regional Center. Regional Centers are defined and discussed further below.
- Create at least 10 new full-time jobs per investor, either directly or indirectly, through the capital investment.
A Regional Center is defined as any economic unit, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment. The organizers of a regional center seeking the regional center designation from USCIS must submit a proposal showing:
- How the regional center plans to focus on a geographical region within the U.S., and how the regional center will achieve the required economic growth within this designated area.
- That the regional center’s business plan can be relied upon as a viable business model grounded in reasonable and credible estimates and assumptions for market conditions, project costs, and activity timelines.
- How in verifiable detail (using economic models in some instances) jobs will be created directly or indirectly through capital investments made in accordance with the regional center’s business plan.
- The amount and source of capital committed to the project and the promotional efforts made and planned for the business project.
A complete list of currently designated Regional Centers can be found on the USCIS website.
Please note, investment funds may come from any legal foreign or U.S. source including gifts, loans and divorce settlements. Immigrant investors must demonstrate a pattern of legal business activity, typically by providing tax returns, savings, investment and business records revealing a lawful source of funds.
Borrowed investment funds can qualify as long as they are secured by the borrower’s assets.
We understand that each investor’s personal financial and immigration situation is unique. Therefore, we advise prospective investors to seek independent professional advice regarding your EB-5 investment and visa petitions.
