About EB-5 Visas

How EB-5 Visas Work

The EB-5 is a U.S. sponsored fifth employment-based visa preference. The intent of the EB-5 is to encourage a flow of capital into the U.S. economy. It is also designed to promote employment of U.S. workers.

Foreign investors may obtain immigration benefits for having made an investment into the U.S. economy. To accomplish program goals, the program mandates a minimum capital, $1,000,000 US dollars, and $500,000 for Targeted Employment Areas (TEAs), that foreign investors must contribute and that 10 full-time jobs must be created by virtue of each investment. In addition to creating jobs and stimulating the economy, foreign investors will likely see a return on their investment. Through the EB-5 Visa program, foreign investors and their qualifying family members are offered the prospect, which is not a guarantee, of lawful permanent residence in the United States.

The U.S. Citizenship and Immigration Services (USCIS) have designated Regional Centers to assist investors so that they may meet the requirements of the EB-5 Program.

Types of EB-5 Investments

As mentioned above, investment into an EB-5 program is separated into two categories:

  1. A direct investment into a business. The direct investment is just that - an investment within a company.
  2. An investment into a federally approved Regional Center. Before a Regional Center is granted approval by the USCIS, the company must complete a rigorous application process. The application process explains the entire business plan of the Regional Center. Once approved, the most impressive advantage to using a Regional Center is that the Regional Center has greater power in creating jobs through pooling investor funds. Additionally, Regional Centers are allowed by the USCIS to use both direct and indirect job creation to support the investor's requirement of a minimum of ten American jobs created.
  3. The bottom line is when using a Regional Center, you have more powerful resources for an EB-5 applicant to prove job creation.