EB-5 Program

The purpose of the EB-5 program is to create jobs in the United States and to promote the immigration of foreign nationals who seek to invest their capital into the U.S. economy.

The United States Congress established the EB-5 Program in 1990 as a means to create new jobs for U.S. workers and to bring new foreign investment capital into the country. In the EB-5 Program, immigrants who invest their capital in job-creating businesses and projects in the United States receive “conditional” permanent resident status (Green Card) in the United States for a two-year period. After two years, if the immigrants have satisfied the conditions of the EB-5 Program and other criteria of eligibility, the conditions are removed and the immigrants become “unconditional” lawful permanent residents of the United States. Congress created the two-year conditional status period to ensure compliance with the statutory and regulatory requirements, and to ensure that the infusion of investment capital is sustained and the U.S. jobs are created. In 1992, to facilitate the EB-5 Program, Congress created the Immigrant Investor Program, also known as the Regional Center program. Through the Regional Center Program, EB-5 visas are set aside for participants who invest in commercial enterprises associated with regional centers who have been approved by the USCIS. Through investing in an EB-5 project sponsored by a designated regional center, foreign investors can secure permanent residency in the United States. All EB-5 investments are required to create jobs – 10 direct and indirect jobs per $500,000 invested if such investment is in a Targeted Employment Area (TEA) or 10 jobs per $1,000,000 invested if not in a TEA. For more information about EB-5 program, please visit www.uscis.gov.

eb5 program

EB-5 Process

RC evaluates an accredited investor and investor evaluates the EB-5 project

Complete investor questionnaire

Preview preliminary project documents

RC completes accredited investor verification

The investor receives the comprehensive offering materials for review. Investor completes due diligence.

Investments

If Approved

Signup for EB-5 project

  • Sign forms and agreements
  • Send all relevant documents back to RC signed, dated and witnessed
  • Remit administrative fee as directed in PPM
  • Remit investment funds to designated escrow account
  • If using RC’s immigration attorney, remit attorney fee

If Denied

  • Return all offering materials to RC

File I-526 Petition

Submit I-526 Petition package to USCIS through investor’s immigration attorney

USCIS Review

Denied

Return investment funds to client as per PPM

Approved

If not in the United States

  • Consular processing
  • Interview at U.S. Consulate in home country

If Approved

Enter the United States within 6 months from visa issuance

Approved

If in the United States

  • Adjustment of status
  • Interview at USCIS

Receive conditional permanent residence (conditional green card)

File I-829 Petition to remove conditions on residence

  • Approximately 24 months after receiving “conditional” green card status, file I-829 Petition package with USCIS to remove conditional status

Receive permanent green card

Apply for U.S. Citizenship

EB-5 Process Timeline

19 Months

I-526 petition filed with USCIS. I-526 petition adjudicated.

6-8 Months

Adjustment of status. 2-year conditional green card is granted.

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6-10 Months

Consular Processing

6 Months

Investor enters the U.S. within 6 months from immigration visa issuance; 2-year conditional green card is granted.

21 – 24 Months (Prior to the 2 year anniversary of the receipt of conditional green card)

I-829 petition filed with USCIS

30 Months

I-829 petition adjudicated