The Employment Based 5th preference category of immigrant visa is a program administered by USCIS. It allows foreign investors and their espouses and unmarried children under 21 years of age to apply for a green card if:
1)They make the required financial investment in a commercial enterprise in the United States; and
2)Plan to create / preserve 10 permanent full-time jobs for qualified U.S. workers
The EB-5 program was created by Congress to stimulate the economy by creating new jobs and capital investments by foreigners who want to acquire permanent residency through investment.
As of March 15, 2022, the minimum investment for a Direct EB-5 project is $1,050,000 USD and the minimum investment for a targeted employment area is $800,000.
Employment Based Immigration
Direct EB-5 Projects
Direct EB-5 projects are not bound by the same restrictions as Regional Centers. The investor is free to choose the nature and location of the business. If all other legal requirements are met, Direct EB-5 offers an investor more investment opportunities. The minimum investment amount is $1,050,000 USD.
An EB-5 regional center is an economic unit, public or private, in the United States that is involved with promoting economic growth. Regional centers are designated by USCIS for participation in the Immigrant Investor Program. The minimum amount for an EB-5 Regional Center investment is $800,000 USD.
The Green Card Process
Below is an overview of the EB-5 petition and application process for immigrating to the United States.
1.File Form I-526, Immigrant Petition by Alien Investor.
2.After USCIS approves your Form I-526 petition, either:
• File DS-260, Application for Immigrant Visa and Alien Registration, with the U.S. Department of State to obtain an EB-5 visa abroad to seek admission to the United States; or
• File Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to a conditional permanent resident within the United States. Once USCIS approves your Form I-485 application or upon admission into the United States with an EB-5 immigrant visa, they will grant conditional permanent residence to the EB-5 investor and derivative family members for a two-year period.
3.File Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, within the 90-day period immediately before the second anniversary of your admission to the United States as a conditional permanent resident.
If USCIS approves this petition, you will receive a 10-year green card.
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