Is EB-5 Right for You?
The EB-5 Immigrant Investor Program was created by Congress as part of the Immigration Act of 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. The program is administered by the U.S. Citizenship and Immigration Services (USCIS). The EB-5 program provides investors the opportunity to obtain U.S. residency and citizenship by investing $800,000 in the U.S. economy, with which a minimum of 10 jobs must be created for U.S. persons. A spouse and unmarried children under the age of 21 can be included on one application.
The initial application is the filing of Form I-526 (Immigrant Petition by Alien Investor) with USCIS, which amongst other requirements, provides information and documentation in relation to the investor’s source of funds. Upon the approval of the investor’s I-526 petition, the investor, his spouse, and unmarried children under the age of 21 will obtain their individual conditional Green Cards. Within 90 days preceding the second anniversary of the conditional Green Card approval, the investor must apply for a permanent Green Card by filing Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status). The investor must show that the investment amount has remained in the U.S. economy and has fulfilled the job creation requirement. Approximately two and a half years after the approval of the permanent Green Card, the investor may apply for a U.S. passport.