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EB-5 Visa

What Is EB-5?

The EB-5 Immigrant Investor Program, created by the U.S. Congress in 1990, provides a streamlined path to permanent U.S. residency for foreign nationals who invest in job-creating American businesses. Overseen by U.S. Citizenship and Immigration Services (USCIS), EB-5 has grown in popularity among global investors who wish to build a future in the United States. At Behring Regional Center, we guide EB-5 investors every step of the way—matching your financial goals with USCIS-compliant EB-5 projects.

As with any major financial or immigration decision, it’s wise to understand both the EB-5 program requirements and your risk tolerance before moving forward. Having a clear grasp of these fundamentals will help you determine if EB-5 aligns with your personal goals.

Investment Pathways Overview

The EB-5 program offers investors two distinct routes to permanent residency: direct investment and Regional Center investment. Each pathway has its unique characteristics that suit different investors and risk levels.

When investing directly, the investor makes an investment directly into a job-creating company. This means the investor will have to:

  • Take an active role in managing the business
  • Create and maintain direct, verifiable employment positions
  • Handle all aspects of USCIS compliance independently
  • Demonstrate direct operational control over the investment
  • Rely on jobs that are created by hiring employees directly.

While direct investment offers investors complete control over the business venture, it also carries significant responsibilities and personal financial and immigration risk. Investors must handle everything from planning and operating the business to meeting and documenting all the EB-5 program requirements. This hands-on approach may be suitable for entrepreneurs who have plenty of experience in U.S. business operations, but it may be too involved for many investors and potential U.S. immigrants.

Regional Center investments, on the other hand, allow for a more passive approach. Investors can participate in larger, pre-approved projects without the burden of day-to-day management responsibilities. This pathway typically includes significant benefits:

  • Professional project management
  • Established job creation frameworks
  • Comprehensive compliance monitoring
  • Regular reporting on project progress

What Are Regional Center Investments?

EB-5 Regional Centers are USCIS-approved entities that pool investments for large-scale projects such as real estate developments or infrastructure improvements. At Behring Regional Center, we focus on developing and managing projects that meet EB-5 requirements while also ensuring projects are structured to protect investors’ financial interests. EB-5 Regional centers like Behring Regional Center offer:

  • Project Management: EB-5 regional centers identify, structure, and manage EB-5 projects that align with USCIS regulations for job creation and investment. They conduct thorough due diligence to ensure project viability and regulatory compliance.
  • Fund management: EB-5 regional centers oversee the pooling and allocation of investor funds, providing professional fund management and reducing individual risk. EB-5 regional centers are responsible for capital management, fund disbursement, expense tracking, and financial reporting.
  • Regulatory compliance: EB-5 Regional centers manage the complex regulatory requirements of the EB-5 program by overseeing documentation, job creation reporting, and adherence to USCIS guidelines. This reduces the administrative burden on individual investors and improves the chances of approval.
  • Target Employment Area (TEA) Benefits: Most EB-5 regional center projects are located in target employment areas (TEAs), which allow investors to qualify at the lower investment threshold of $800,000 (versus $1.05 million for non-TEA EB-5 projects).
  • Structured Job Creation Models: EB-5 regional centers can count indirect and induced jobs toward the program’s job creation requirement. Unlike direct investments, which must generate 10 full-time direct jobs, regional center projects can also include jobs created indirectly through the economic impact of the investment. This flexibility makes it significantly easier for investors to satisfy the job creation criteria.

By choosing an EB-5 regional center, like Behring Regional Center, investors can navigate the EB-5 process more efficiently, relying on experienced professionals to handle the complexities of compliance, project management, and fund oversight.

The EB-5 Process

The EB-5 process is a structured path that can lead to a U.S. Green Card for you and your immediate family. Understanding each step helps you prepare for a smooth experience:

1. Select an Investment
Decide between a direct investment or a regional center project. Perform careful due diligence to assess risk, potential returns, and compliance with EB-5 guidelines. Over 90% of EB-5 investors choose to invest through the regional center program because it offers a streamlined, hands-off approach with professional project management, regulatory support, and ease of meeting job creation requirements. You should conduct thorough due diligence to understand the risks and compliance requirements for your EB-5 investment.

2. Prove the Lawful Source of Your Funds
Collect documentation — Investors must work with an immigration attorney to provide comprehensive evidence to show that they obtained their investment capital legally. This typically includes documents and records such as

  • Bank statements and transaction records
  • Tax returns and business documentation
  • Gift documentation if applicable
  • Employment and salary verification
  • Investment or property sale records

3. File Form I-526E

Once you’ve selected a project and prepared your source of funds document, the next step is to file Form I-526E with USCIS. This petition must demonstrate that you meet the following requirements:

  • The applicant has invested or is in the process of investing the required capital.
  • The investment project is viable and compliant with EB-5 requirements.
  • The applicant obtained their funds lawfully.

Concurrent Filing with Form I-485 (Adjustment of Status): If you’re already in the U.S. in valid status, you may file Form I-485 at the same time as Form I-526E. This allows you to apply for Employment Authorization (EAD) and Advance Parole (AP), providing work and travel benefits while USCIS processes your petition.

4. Obtain Conditional U.S. Permanent Residency
Once your I-526E and I-485 Adjustment of Status petitions are approved, you’ll receive a two-year conditional green card. If you live outside of the U.S., you’ll go through consular processing rather than filing an I-485 petition.

5. Meet the Program Requirements
During your two-year conditional residence period, your EB-5 investment must create or preserve at least 10 full-time jobs for qualifying workers. Regional centers provide job creation reports prepared by professional economists to demonstrate job creation to USCIS on your behalf.

6. File Form I-829 (Petition to Remove Conditions)
In the last 90 days of your two-year conditional residence period, you will file Form I-829. The I-829 document set establishes to USCIS that your investment remained at risk and that the necessary jobs were created (or preserved). Approval of the I-829 petition removes conditions from your conditional green card, granting you and your qualifying family members unconditional permanent resident status.

Benefits of the EB-5 Program

EB-5 offers several key advantages over other U.S. immigration pathways:

  • Direct Path to Permanent Residency: The EB-5 program provides a straightforward route to a Green Card for the investor, their spouse, and any unmarried children under 21, without requiring employer or family sponsorship.
  • Educational Opportunities: EB-5 investors and their families gain access to U.S. public schools at resident rates, in-state tuition at public universities, and eligibility for scholarships and financial aid reserved for permanent residents.
  • Employment Freedom: Unlike other visa categories, the EB-5 green card has no restrictions on employment, allowing investors to start or manage businesses, pursue any job, or even retire without limitations.
  • Travel Flexibility: Permanent residents can travel freely in and out of the U.S. without needing additional permissions, unlike certain non-immigrant visa holders.
  • Path to Citizenship: After holding a Green Card for five years and meeting naturalization requirements, EB-5 investors and their families can apply for U.S. citizenship, gaining full rights and benefits, including the ability to vote and hold a U.S. passport.

Ready to learn more?

Schedule a free EB-5 consultation to learn how our team of EB-5 experts can help you navigate EB-5 requirements and secure a path to U.S. permanent residency for you and your family.

 

Disclaimer: The information provided here is for general educational purposes only and does not constitute legal or financial advice. Prospective investors should consult qualified attorneys or financial advisors for guidance tailored to their specific circumstances.

FAQs

Q: What is the new Concurrent Filing and why is that important?

A: Concurrent filing allows an investor to file for their Adjustment / Green Card at the same time or any time after filing the I-526 EB-5 Petition. A major advantage is that an investor can now legally stay inside the United States while waiting for this petition to be adjudicated. In the past, the investor would either need to wait outside of the United States or find a nonimmigrant visa to allow him or her to wait inside the United States. In addition, this filing also provides work authorization and travel authorization for the investor while he or she waits for their green card inside the United States.

Q: What are the new Set-Asides and why are they important to me?

A: The EB-5 Reform and Integrity Act introduced three categories of visa set aside for priority processing. The three categories are: 20% of all EB-5 Visas set aside for Rural TEAs, 10% of EB-5 Visas set aside for high unemployment TEAs and 2% EB-5 Visa set aside for infrastructure projects. Since these are new carved out new Visa categories, the Visa Bulletins have shown significant advantages to those investors with otherwise backlogged Visa Categories. This is is significant for Investors who were born in greatly backlogged Countries such as China, India and Vietnam.

Q: What is an EB-5 Investor Green Card?

A: The EB-5 Category allows a Foreign National the freedom to sponsor him or herself for U.S. Permanent Residency (Green Card).  Specifically, Congress created the EB-5 immigrant category in the Immigration Act of 1990 with the goal of attracting foreign capital to the U.S and therefore creating jobs for American workers in the process.  The EB-5 category allows an eligible investor to obtain permanent residency to the United States where he or she properly confirms to the requirements of the category.  There are three basic requirements in the EB-5 visa category: 

(1)The investor must establish a business or invest in an existing business that was created or restructured after November 1990;

(2)The investor must have invested a minimum of $1.05 million or $800,000 (depending on the location of the business); 

(3)The business must create at least 10 full-time U.S workers.

Q: What is a Regional Center?

A: A Regional Center is a business or investment project that focuses on a specific geographic area or business plan.  Regional Center Projects are established to promote economic growth, create new jobs and increase domestic investment. Regional Centers must be approved and designated by the USCIS.   Investing in a Regional Center is a more passive approach as the EB-5 investor does not need to be directly involved in the business’ day to day operations.

Q: If I invest into a Regional Center, when will I get my money back?

A: Generally, Regional Centers will have a business plan that will show an exit strategy that allows the investor to receive the full investment back within a five to six year period. However, it is important to understand that an investment into a Regional Center carries risk. An investor must understand that he or she could lose all or part of this investment. No Regional Centers can guarantee an investment will be returned.

Q: Do I have to reside in the State where the Regional Center is located?

A: One of the most attractive aspects of investing into a Regional Center is that the investor will not be required to be involved with hands on, day-to-day operations of the project. The investor will be free to live in any state in the U.S. with very limited operational duties.

Q: What is a “Direct” EB-5?

A: Direct EB-5 is the process of investing into the investor’s own Business or Company.  Note that among other requirements, the investor will need to at least invest the minimum investment amount (1.05 million or $800,000) and also show the creation of 10 new U.S. jobs (there are some exceptions for troubled businesses).

Q: Who is eligible for EB-5 Investor Green Card?

A: Most countries are eligible under this Category.  Certain immigration or criminal violations may preclude an applicant’s eligibility.

Q: Must I be able to speak English well to apply?

A: No.  In fact, there is no requirement that you must speak English at all.

Q: What is the minimum amount of investment required for EB-5 Investor Green Card?

A: The U.S. Immigration rules  in effect March 2022 require that the investment must be no less than $1.05 million or $800,000 this minimum requirement will depend on the area in which the U.S. business receiving the investment is located (“TEA”).

Q: What is a “targeted employment area for EB-5 Investment”?

A: A Target Employment Area or “TEA” is a geographical location within the U.S. that has been shown to have an unemployment rate that is at least 150% greater than the U.S. National Unemployment Rate. A TEA could also be a location that is deemed to be rural in terms of population, (location must have a population of less than 20,000 people). An investment made into a TEA business will qualify that investor for an EB-5 Visa with a $800,000 investment.

Q: How long does it take to get my EB-5 Investor Green Card?

A: The Processing times vary. All EB-5 applications must initially begin the process with a petition filed with the USCIS.

Q: How many EB-5 Investor Green Cards are available each year?

A: The statutory number is 10,000 per year.

Q: Are there any restrictions on the types of businesses in which the investment must be made?

A: The vast majority of all EB-5 applications are made through a certified Regional Center (90%). A smaller number (10%) are investments into a closely held or “Direct” business. There are no statutory restrictions on the types of businesses eligible for EB-5 purposes. However, the law does require that the business create no less than 10 permanent U.S. jobs.

Q: What kinds of documents should I be preparing to begin my EB-5 case?

A: Each investor and investment is different. However, one common thread is that the U.S. Immigration Service will want to make sure that the investment funds was derived from a legal and legitimate source. As such, all investors are required to document the source of this investment in a manner that is accepted by USCIS.

Q: Can the EB-5 investment funds come from a Gift?

A: Yes, your EB-5 application can be processed based on funds that were gifted to you. However, be mindful that USCIS will want to see evidence that the gift giver earned his or her money in a legitimate manner. Also, there will need to be a showing as to the events or circumstances surrounding the gift.

Q: Can I invest in EB-5 Program through my company instead of in my individual name?

A: Yes, there are many ways to invest. Where you are receiving payments, dividends or loans from your company, those payments could be allocated to your EB-5 investment. Certainly, this is an area that would need to be discussed in more detail.

Q: How many USCIS designated Regional Center Projects are there currently?

A: Approximately 2000 +

Q: I see that you are located in California. I am located in a different State. Is that going to be a problem? Is being located in California an advantage?

A: The vast majority of our clients are located not only in other States, but also abroad in countries throughout the globe. Our Team speaks seven foreign languages

Q: If I apply as a principal, who is eligible to immigrate with me via EB-5 program? Do they have to?

A: One of the most attractive aspects of the EB-5 program is the fact that a single investment will include an investor his or her spouse and all of their children (under 21). There is no additional investment requirement for any of these immediate family members. Unfortunately, the investment does not include parents, children over 21 or brothers & sisters of the investors.  An eligible family member is not required to be included with the investor as part of the EB-5 application, unless he or she wishes to do so.

Q: When will I eligible to apply for Naturalization?

A: After you have been a permanent resident (green card holder) for five years, you will be eligible to apply for Naturalization.

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