What is EB5 Visa | Global Immigration Partners

October 18, 2023

The EB5 Greencard, also known as the EB5 visa or green card, is a type of immigrant visa that allows foreign investors to obtain permanent residency in the United States. This program was created by the United States Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In this article, we will explore the details of the EB5 Greencard, its requirements, benefits, and the application process.

What is the EB5 Greencard Program?

The EB5 Greencard Program is a United States immigration program that grants permanent residency to foreign investors who invest a minimum of $1 million in a new commercial enterprise in the U.S. The investment amount is reduced to $500,000 if the investment is made in a targeted employment area (TEA), which is an area with high unemployment or a rural area.

The program is administered by the United States Citizenship and Immigration Services (USCIS) and is limited to 10,000 visas per year. This includes visas for the investor, their spouse, and their unmarried children under the age of 21.

Understanding the EB5 Greencard Program

The EB5 Greencard Program is designed to attract foreign investment to the United States. The program offers a unique opportunity for foreign investors to gain permanent residency in the U.S. by investing in a new commercial enterprise. This can be any type of for-profit business, including a sole proprietorship, partnership, holding company, joint venture, corporation, business trust, or other entity that is lawfully recognized as a commercial enterprise.

The program is particularly attractive to investors from countries with long waiting times for other types of visas. It also provides an opportunity for investors to bring their families to the U.S. and enjoy the benefits of permanent residency.

The Role of the United States Citizenship and Immigration Services (USCIS)

The USCIS is responsible for administering the EB5 Greencard Program. The agency reviews applications, approves petitions, and issues visas. The USCIS also monitors the program to ensure compliance with the requirements and to prevent fraud.

The USCIS has established a number of regulations and procedures to govern the EB5 Greencard Program. These include rules regarding the minimum investment amount, the creation of jobs, and the eligibility of investors.

Requirements for the EB5 Greencard

To be eligible for the EB5 Greencard, foreign investors must meet the following requirements:

Invest a minimum of $1 million in a new commercial enterprise in the U.S. or $500,000 in a TEA.
The investment must create at least 10 full-time jobs for U.S. workers within two years.
The investment must be made in a for-profit business.
The investor must have a clean criminal record and not be involved in any illegal activities.
The investor must be in good health and not have any communicable diseases.
The investor must have a valid passport and be able to provide proof of the source of funds for the investment.

Investment Requirements for the EB5 Greencard

The primary requirement for the EB5 Greencard is the investment. The investor must invest a minimum of $1 million in a new commercial enterprise in the U.S. If the investment is made in a TEA, the minimum investment amount is reduced to $500,000.

The investment must be made in a for-profit business. This can be any type of business that is lawfully recognized as a commercial enterprise. The business must be new, which means it must have been established after November 29, 1990. Alternatively, the investor can invest in an existing business if they can demonstrate that their investment will result in a substantial change in the business.

Eligibility Requirements for the EB5 Greencard

In addition to the investment requirement, there are several other eligibility requirements for the EB5 Greencard. The investor must have a clean criminal record and not be involved in any illegal activities. This includes any criminal convictions, pending criminal charges, or involvement in activities that could pose a threat to the security or public safety of the U.S.

The investor must also be in good health and not have any communicable diseases. This is to protect the health and safety of the U.S. population. The investor must undergo a medical examination as part of the application process.

Finally, the investor must have a valid passport and be able to provide proof of the source of funds for the investment. This is to ensure that the funds used for the investment are legally obtained and not the proceeds of illegal activities.

Benefits of the EB5 Greencard

The EB5 Greencard offers several benefits to foreign investors, including:

Permanent residency in the United States for the investor, their spouse, and their unmarried children under the age of 21.
The ability to live, work, and study anywhere in the U.S.
No requirement to maintain a physical residence in the U.S.
The opportunity to apply for U.S. citizenship after five years of holding the EB5 Greencard.
The ability to sponsor family members for permanent residency in the U.S.
Access to the U.S. education system and healthcare system.
The opportunity to travel freely in and out of the U.S. without a visa.

Residency Benefits of the EB5 Greencard

One of the main benefits of the EB5 Greencard is the opportunity to obtain permanent residency in the United States. This means that the investor, their spouse, and their unmarried children under the age of 21 can live, work, and study anywhere in the U.S. without any restrictions.

Permanent residents have many of the same rights and privileges as U.S. citizens. They can work in any job, attend any school, and live in any part of the country. They also have access to the U.S. healthcare system and can travel freely in and out of the U.S. without a visa.

Citizenship and Family Sponsorship Benefits of the EB5 Greencard

After five years of holding the EB5 Greencard, the investor has the opportunity to apply for U.S. citizenship. This is a significant benefit as it provides the investor with all the rights and privileges of a U.S. citizen, including the right to vote in federal elections and the ability to hold a U.S. passport.

The EB5 Greencard also allows the investor to sponsor family members for permanent residency in the U.S. This includes the investor’s spouse and unmarried children under the age of 21. In some cases, the investor may also be able to sponsor their parents, siblings, and married children.

The EB5 Greencard Application Process

The application process for the EB5 Greencard can be divided into three main steps: filing the petition, obtaining conditional residency, and obtaining permanent residency.

Filing the Petition

The first step in the application process is to file a petition with the USCIS. This petition must include the following documents:

Form I-526, Immigrant Petition by Alien Entrepreneur.
Evidence of the investment, such as bank statements, stock certificates, or other financial documents.
A comprehensive business plan for the new commercial enterprise.
Evidence that the investment will create at least 10 full-time jobs for U.S. workers.
A copy of the investor’s passport.
A medical examination report.
A signed affidavit of support from the investor.

Once the petition is filed, the USCIS will review the documents and determine if the investor meets the eligibility requirements. If the petition is approved, the investor will receive a notice of approval and can move on to the next step.

Preparing and Filing the Petition

The first step in the application process is to prepare and file a petition with the USCIS. This petition, known as Form I-526, Immigrant Petition by Alien Entrepreneur, is the document that officially starts the application process.

The petition must include evidence of the investment, such as bank statements, stock certificates, or other financial documents. These documents must clearly show that the investor has invested the required amount in a new commercial enterprise in the U.S.

The petition must also include a comprehensive business plan for the new commercial enterprise. This business plan must demonstrate that the investment will create at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the U.S. as a conditional permanent resident.

In addition to the business plan, the petition must include a copy of the investor’s passport, a medical examination report, and a signed affidavit of support from the investor. These documents are used to verify the investor’s identity, health status, and financial ability to support themselves and their family in the U.S.

Review and Approval of the Petition

Once the petition is filed, the USCIS will review the documents and determine if the investor meets the eligibility requirements for the EB5 Greencard. This review process can take several months and involves a thorough examination of the investor’s background, financial records, and business plan.

If the USCIS approves the petition, the investor will receive a notice of approval. This notice confirms that the investor has met the requirements for the EB5 Greencard and is eligible to proceed to the next step in the application process.

Obtaining Conditional Residency

After the petition is approved, the investor must apply for conditional residency by filing Form I-485, Application to Register Permanent Residence or Adjust Status. This form must be filed with the USCIS along with the following documents:

Form I-829, Petition by Entrepreneur to Remove Conditions.
Evidence that the investment was made and the required jobs were created.
Evidence that the investor maintained their investment during the two-year conditional residency period.
A copy of the investor’s passport.
A medical examination report.
A signed affidavit of support from the investor.

If the USCIS approves the application, the investor and their family will receive conditional residency for a period of two years.

Applying for Conditional Residency

After the petition is approved, the investor must apply for conditional residency. This is done by filing Form I-485, Application to Register Permanent Residence or Adjust Status, with the USCIS.

The application for conditional residency must include Form I-829, Petition by Entrepreneur to Remove Conditions. This form is used to demonstrate that the investor has met the requirements for the EB5 Greencard, including the investment and job creation requirements.

The application must also include evidence that the investment was made and the required jobs were created. This can be in the form of financial documents, payroll records, or other evidence that shows the investment was made and the jobs were created.

In addition to these documents, the application must include a copy of the investor’s passport, a medical examination report, and a signed affidavit of support from the investor. These documents are used to verify the investor’s identity, health status, and financial ability to support themselves and their family in the U.S.

Receiving Conditional Residency

If the USCIS approves the application for conditional residency, the investor and their family will receive conditional residency for a period of two years. This means that they can live, work, and study in the U.S. during this time.

However, the investor must maintain their investment and continue to meet the requirements for the EB5 Greencard during the two-year conditional residency period. If they fail to do so, they may lose their conditional residency and be required to leave the U.S.

Obtaining Permanent Residency

Within the 90-day period before the conditional residency expires, the investor must file Form I-829 to remove the conditions on their residency. This form must be filed with the USCIS along with the following documents:

Evidence that the investment was made and the required jobs were created.
Evidence that the investor maintained their investment during the two-year conditional residency period.
A copy of the investor’s passport.
A medical examination report.
A signed affidavit of support from the investor.

If the USCIS approves the application, the investor and their family will receive permanent residency in the United States.

Filing Form I-829 to Remove Conditions

Within the 90-day period before the conditional residency expires, the investor must file Form I-829, Petition by Entrepreneur to Remove Conditions, with the USCIS. This form is used to demonstrate that the investor has met the requirements for the EB5 Greencard and is eligible for permanent residency.

The application must include evidence that the investment was made and the required jobs were created. This can be in the form of financial documents, payroll records, or other evidence that shows the investment was made and the jobs were created.

The application must also include evidence that the investor maintained their investment during the two-year conditional residency period. This can be in the form of financial documents, business records, or other evidence that shows the investor maintained their investment and continued to meet the requirements for the EB5 Greencard.

Receiving Permanent Residency

If the USCIS approves the application to remove conditions, the investor and their family will receive permanent residency in the United States. This means that they can live, work, and study in the U.S. without any restrictions.

Conclusion

The EB5 Greencard is a popular option for foreign investors looking to obtain permanent residency in the United States. With its minimum investment requirement and potential for job creation, it is a win-win situation for both the investor and the U.S. economy. However, the application process can be complex and time-consuming, so it is important to seek the guidance of an experienced immigration attorney to ensure a successful outcome. With the EB5 Greencard, foreign investors can achieve their dream of living and working in the United States and contribute to the growth of the U.S. economy.