One of the key challenges for EB-5 investors is identifying investment funds. Many focus on personal earned income, gifts, or loans; however, another viable option is to use profits from an existing business the investor owns. EB-5 Investment Requirements Investors must invest $800,000 or $1.05 million, depending on whether the project is in a Targeted...
Rakesh Patel and Jacqueline Trevino
There are various visa options for foreign nationals, each tailored to a specific purpose. The B1/B2 visa is commonly used for short-term business and tourist visits to the US, while the EB-5 visa provides a pathway to permanent residency through a qualifying investment. If you are currently in the US on a B visa and...
Foreign investors can either invest through a USCIS-designated regional center or make a direct investment in an EB-5 project. What is a regional center? Regional centers are privately owned economic entities designated by USCIS to promote economic growth within the United States and through the EB-5 Immigrant Investor Program. Regional centers facilitate EB-5 investments by...
The EB-5 application process begins with filing an I-526 or I-526E form with USCIS. To file, the investor must have already committed the required capital to a new commercial enterprise (NCE). The minimum investment amount is $1.05 million or $800,000 if the investment is made in a targeted employment area (TEA). The investment must be...
For H-1B visa holders, transitioning to an EB-5 visa can be an attractive option to secure permanent residency. This path eliminates the need for employer sponsorship and can bypass the lengthy visa bulletin backlogs typically encountered when needing to file an I-485 after I-140 approval. Maintaining H-1B Status If an EB-5 applicant is from a...
Navigating the EB-5 Immigrant Investor Program’s source of funds requirements demands thorough detail and documentation. For many investors, gifts from family members often present a viable source for their investment. Documentation of gift USCIS requires comprehensive documentation to establish the gift’s legitimacy. This includes a notarized gift affidavit signed by the donor showing their intent...
The EB-5 Immigrant Investor Program provides a pathway for foreign investors to obtain a green card by investing in job-creating projects in the United States. One of the fundamental aspects of this program is the ‘at-risk’ requirement, which determines an investment’s eligibility. USCIS requires that the investor’s capital be at at-risk throughout the investment period,...
Can I Make a Partial Investment in the EB-5 Program? The EB-5 Investor Program allows visas to be made available to qualified immigrants who have invested or are actively in the process of investing capital in a New Commercial Enterprise (NCE). The latter category is often described as a partial investment. A partial investment is...