Immigrant Investor Program - EB-5

Foreign investors can obtain a residence permit, or Green Card, as it is called in America, under the government's EB-5 program. The most loyal conditions have been created for this category of immigrants. The risk of failure is minimal. There are no requirements for language proficiency, education or business experience. You don't have to take any exams or hope to win the lottery. The rights to live and work in any state are granted not only to the investor, but also to his family members.

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Program's details

$800,000 minimum investment
Returnable investment after 5-7 years the capital can be returned
High guarantees 85% of petitions are approved
No requirements to language, education, experience in business
For the whole family including spouse and children under 21
Study in the USA the cost of education is lower for residents
The right to work and reside in any state of the USA
US citizenship 5 years after obtaining a residence permit

About the Program

The state program of investment immigration in the United States EB-5 has been in effect since 1990. It is extended every year by a separate decree, and amendments are periodically made to adjust the conditions for issuing green cards. The project is in demand, the number of applicants exceeds the number of available visas. Citizens of China, India and Vietnam are in the lead. 

Under the terms of the program, an applicant for a residence permit can invest in  business independently or through the Regional Center (RC) – a company licensed by the United States Citizenship and Immigration Service (USCIS).

The RC has three tasks. First of all, it selects projects for participation in the EB-5 program (usually large development initiatives). Secondly, it attracts capital from investors. Thirdly, it provides support – at the stage of preparing documents and in the further operating of the business.

The Regional Center cannot guarantee a refund by law; the investor is considered to bear the business risks. Therefore, it is extremely important to approach the choice in a correct way: to request statistics of petition approvals from the RC, a list of already implemented projects, the results of refunds to investors. That is, to evaluate their commercial proposals, analyzing the potential of a particular business. If the project turns out to be successful (and it often does), after 5-7 years the investor can return this capital in full and even with a profit, retaining the green card.

Please note!

There is a quota for issuing a residence permit under the EB-5 program. Previously, the United States issued no more than 10,000 permits per year to investors and their family members. The number of quotas in 2021 almost doubled up to 18,500.

Investment Options

$1,05 mln+

Investments in business or projects of regional centers

You can invest in a new or existing business, also in a regional center project in any state of the United States.

The investment should create 10 or more job positions for qualified full-time employees, the business should be profitable (at least at the time of applying for a permanent green card).

$800,000+

Investments in business or projects of regional centers

You can invest in a project in rural areas (with a population of 20,000 or less) or a high unemployment zone (determined by the local authorities).

But the requirement  to create at least 10 job positions and demonstrate business profitability remains in place.

Important to know

The fixed investment amount will be valid until January 1, 2027. After a while, the authorities will revise it upwards depending on the region.

More than 90% of applicants for a residence permit invest through Regional Centers (RC). This allows to finance multimillion-dollar projects (shopping centers, residential areas, infrastructure facilities, etc.), which are implemented by reliable developers with the support of banks and local authorities with a capital of $800,000. Investments become completely passive, business risks are reduced. The RC takes care of business development and creation of job positions. The terms and conditions of capital return are prescribed in the agreement with the investor: as a rule, funds can be returned in 5–7 years with a yield of up to 1% per annum.

Requirements for the Applicants

Together with the investor, a residence permit can be obtained by a spouse and children under 21 years of age, if they are not married.

Applicants for an EB-5 green card (unlike other US immigration programs) do not have requirements for age, language skills, education, or business management experience. There is no need to prove family or business ties with the country, pass exams or participate in the lottery. Citizens of any country can submit petitions.

The key requirement is to prove the legal origin of the funds. Problems with the law (outstanding convictions,  violations of visa legislation) may also become grounds for refusal.

Docuemtns

The package of documents for filing a petition turns out to be huge (hundreds of pages), a significant part of it is the proof of legal origin of the capital. It is very important to provide detailed statements to track the movement of funds. All the documents must be translated into English. Immigration attorneys assist the applicants at this stage.

  • Personal documents: copies of passports, CV (biographical data), certificates of marriage and birth of children, certificates of no criminal record, medical certificates.
  • Project documents: information about the project in which the funds are invested; proof of capital transfer to the United States; in the case of investments from $800,000 – proof that the project is in the target area; business plan confirming  the creation of 10 job positions.
  • Financial documents: tax returns and other evidence of legal origin of  the funds. These might be: dividends, salaries, income from the sale of real estate, secured bank loan, inheritance, donation, lottery winnings, etc.

Additional Expenses

State fees

The US Immigration Service charges fees for considering petitions for a "conditional" and permanent green card - about $10,000–15,000.

Administartive fees

Regional Сenters provide an administrative fee for investors – usually $50,000-80,000.

Legal expenses

The immigration attorney's fee is $20,000–50,000, depending on the qualifications of the specialist and the complexity of the case.

Please note!

It is worth budgeting $100,000–150,000 in addition to the amount of investment. This amount is enough to cover the above and other minor expenses.

Rights and Obligations

Rights

  • The ability to enter the United States without a visa. A green card, unlike a passport, does not allow you to travel without visas to all countries available to US citizens (170+), but you can apply for a visa at consulates located in the States, which greatly simplifies the process.
  • The right to live, do business, work, or retire in any state in the United States. The investor and his family members are not tied to the region where the business project is located.
  • The children get access to  American education that is considered to be one of the best in the world. The cost of education in schools and universities for residents is significantly lower (up to 50% of the price) than for foreigners. Leading universities have quotas for places for foreign students; the chance to enroll is higher for green card holders.
  • Permanent residents of the United States have access to all social infrastructure, they can take out loans on more favorable terms, get insurance, receive grants and subsidies.
  • Eligibility to apply for the US citizenship. The EB-5 visa is an immigration visa, you can apply for citizenship after 5 years after having it.

Obligations

  • You need to invest an amount that will lead to the creation of 10 new job positions. The staff should not be cut down for at least two years.
  • The holder of a green card becomes a US tax resident, i.e. must pay taxes on all global income in the US. At the same time, there are laws on the avoidance of double taxation with different states.
  • It is advisable to spend at least six months in the United States. If you need to leave for a year or more, you are asked for an entry permit after a long absence (Reentry Permit). The period of residence in the States will be taken into account when applying for citizenship - you must spend at least 2.5 years in the country for the period of holding a green card.

The procedure for obtaining

1
Consultation with a lawyer
1 week
An immigration lawyer will review your case and advise you on how to participate in the program.
2
Choosing a project for investment
1 month
All funds must be transferred prior to filing an immigration petition. In case of rejection of the application, the capital is returned in full.
3
Preparation of documents
1 month
The main thing at this stage is to prove the legal origin of the funds. A lawyer will help you draft a full package of documents (petition I-526), translate them into English and apply to the United States Citizenship and Immigration Services (USCIS).
4
Consideration of the petition
12-36 months
The processing time for petitions depends on the workload of the immigration service. As a rule, it takes about two years to wait for the decision.
5
Obtaining an investor visa
1 day
After the approval of the petition, the applicant is invited to the consulate for a short interview (this is a formality) and the investor's visa is pasted into the passport. Also visas are immediately received by relatives - spouse and children under 21 years of age together with the applicant.
6
Obtaining a conditional green card
1 week
You must enter the United States on an investor visa and apply for a residence permit within 6 months. The first green card is called 'conditional' because it is issued for two years.
7
Obtaining a residence permit
6-12 months
The documents (petition I-829) for a permanent residence permit are submitted at least 90 days before the expiration of the "conditional" green card. The main thing at this stage is to prove that all funds have been invested in the project, the business is functioning, and job positions have been created.

Companies working with this program

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