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About
EB-5 Visa Program
The EB-5 visa program is a United States immigration program that provides an opportunity for foreign nationals to obtain lawful permanent residency (commonly known as a green card) through investment in the U.S. economy. Established in 1990, the program aims to stimulate economic growth, create jobs, and attract foreign investment to the United States.
Currently, under Reform and Integrity Act of 2022, EB-5 visa applicants are required to invest a minimum of $1,050,000 in a new commercial enterprise (NCE) any where in the United States or a minimum of $800,000 in a targeted economic area (TEA) and create at least 10 full-time permanent jobs for qualified US workers to get permanent US residency for themselves and their families. (Read FAQs for more information)
EB-5
Background
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When the EB-5 program was initially introduced, foreign investors were required to directly invest in their own projects, which posed challenges in terms of finding suitable businesses to invest in, managing them, and generating the mandated 10 full-time jobs for American workers. Consequently, the program faced difficulties in attracting enough investors during its initial years. To facilitate foreign investment, the United States Congress responded by creating the Immigration Investor Pilot Program in October 1992. This initiative established regional centers to oversee EB-5 investments and job creation. Regional centers were granted the ability to include indirect job creation in their investment projects, opening opportunities for investors to participate in larger-scale endeavors administered by regional centers. As a result, local project developers became interested in offering their projects for EB-5 investments. Foreign investors also found it more convenient and secure to invest in projects facilitated by regional centers. This shift in approach led to a significant increase in the number of foreign investors choosing to invest in projects under regional centers. Currently, over 90% of EB-5 investors opt for regional center projects.
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Direct vs Regional Center EB-5 Investments
Direct investments in the EB-5 program involve foreign investors personally investing in and managing their own businesses. This approach requires hands-on involvement, ensuring job creation and compliance with EB-5 requirements. It offers control and flexibility but demands active participation from the investor.
On the other hand, regional center investments involve investing through designated entities called regional centers. These centers pool funds from multiple investors to finance larger projects that generate indirect job creation. Regional center investments provide a more passive role for investors, as they do not need to actively manage the business.
Both direct and regional center investments can lead to obtaining permanent residency in the United States through the EB-5 program. The choice between the two depends on the investor’s preferences regarding involvement, risk tolerance, and their ability to meet the job creation requirements. It might be helpful to know that currently, more than 90% of EB-5 investors invest in regional center projects.
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Advantage for H-1B, L-1 and F-1, Visa holders
According to the EB-5 Reform and Integrity Act of 2022, eligible EB-5 applicants who are currently residing in the United States on a valid non-immigrant visa may apply for adjustment of status, stay within the country, and obtain an Employment Authorization Document (EAD). This provision allows individuals with visas such as H-1B, L-1, F-1, to apply for a work permit. As a result, they gain greater flexibility in seeking optimal employment opportunities for themselves and their families.
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