EB-5 Immigration Program to the USA
This immigration programme allows allows foreign nationals to obtain a U.S. residency (Green Card) through investment. Below we provide the summary of the key requirements and steps for obtaining EB-5 Investor Visa.
- Investment of $500,000
- Creation of 10 NEW jobs (full-time)
- Legal source of invested funds
- Eligible to be an immigrant (medical exam, criminal background check, etc.)
How long does it take?
- 16-28 months – Temporary Green Card
- 3-5 years – Permanent Green Card
- 5-7 years – Return of the Investment
EB-5 immigration steps
Step 1 (2 months prep + 16 months wait time)
- Prepare lawful source of funds documents
- Select project & invest
- File an I-526 petition for a Conditional Green Card
Step 2 (6 months)
After the I-526 is approved undergo consular processing or an adjustment of status to receive a Green Card
Step 3 (2 months prep + 18 wait time)
Two years after obtaining the initial Green Card file petition I-829 to remove conditions (must show that the investment remains in place, the project was built and the jobs were created)
Two ways to make an EB-5 investment
DIRECT: A foreign national can invest into his own business and create 10 jobs.
THROUGH REGIONAL CENTER: Investor can invest into a Regional Center – an entity that develops the business, creates 10 jobs and prepares documentation for USCIS.
Typical Fund Sources & Evidence
Employment income (salary, bonuses, etc.) – personal tax returns, employee tax returns, pension fund/social security statements AND letters from employer
Business income / dividends – business and personal tax returns (or audited financials), company registration documents, stock certificates evidencing ownership
Sale of real estate / assets – sale contract, purchase contract, ownership documents (title), property appraisal
Gift – gift documents AND must show the lawful source of the donor’s funds
Loan – loan agreement showing that the loan is fully secured by the borrower’s personal property, personal property appraisal
Corporate loan (shareholder’s loan secured w/ company stock) – loan agreement showing that the loan is secured by the borrower’s share in the company, company/stock ownership documents, company financials showing that the borrower’s share in the company is worth more than the loan amount
Inheritance – death certificate AND inheritance documents (wills, court disposition, attorney letters showing the inheritance transfer, etc.)