As the fifth category of employment-based immigration to the United States, the U.S. Immigrant Investor Program (EB-5) is the only visa category that allows foreign investors to apply for permanent residency, known as a green card, by investing in a new or existing U.S. commercial enterprise.
The EB-5 is unique in that it does not have specific requirements for the applicant's business background, language proficiency, academic qualifications, or personal achievements. This makes it ideal for individuals who aspire to live and work in the U.S. and provide a pathway to permanent residency and U.S. citizenship for their immediate family (spouse and children under the age of 21). EB-5 investors and their dependents are free to live and work anywhere in the U.S., regardless of their occupation or location.
Passed the EB-5 Reform and Integrity Act of 2022 ("ria"), the EB-5 program was reauthorized and extended through 2027. The bill stipulates that old investors are not subject to the new law, and new investors operate under the new law. Even if the EB-5 Regional Center is not reauthorized in 2027, the RIA non-retroactive principle ensures that the EB-5 immigration process for the old investor can go smoothly. Under the new law, applications will be prioritized and protected from backlogs within the pipeline.
The "concurrent aos" under the New Deal is a disruptive change. Under the new law, investors who have been in the U.S. for more than 90 days can file the I-485 petition at the same time as the I-765 work authorization application and the I-131 travel authorization application, as long as there is an available visa quota. This provides investors with more flexibility and convenience, making it easier for them to achieve their goals of living and working in the United States.
The United States has the largest number of prestigious universities and Ivy League schools in the world. Students with green cards can enroll in these schools and programs without adhering to strict quotas, which are only available to U.S. residents and citizens. For students on F1 visas, choosing EB-5 "dual filing" will allow them to obtain travel authorization to enter and exit the United States more easily; They can more easily achieve their goal of staying in the U.S., reduce competition, and open the door to world-class education and valuable networking opportunities. Investors can also obtain a Work Permit (EAD), similar to a person holding a two-year conditional green card, where they can work freely and gain valuable work experience; No longer subject to the H-1B lottery, this experience can also help with employment after graduation.
When selecting the EB-5 program, the law provides that the foreign immigrant applicant will be able to obtain a two-year conditional green card by investing $800,000 in the U.S. in a USCIS-approved Targeted Employment Area and creating 10 direct or indirect jobs. After meeting the relevant conditions, investors can apply"Conditional removal"to become a permanent resident. The EB-5 project must carry a certain amount of investment risk and no direct guarantee of any kind is allowed. This means that the applicant cannot avoid investment risks by purchasing insurance or other means. Successful acquisition of a green card and principal** is closely related to the project invested.
Choosing a safe and secure EB-5 investment project in the market needs to consider the strength of the developer, the development progress of the project, the recognition of the local community, and ensure that the project meets regulatory requirements, including job creation, operating model, and repayment mechanism. These factors will directly affect the return of investment funds, the acquisition of green cards, and the protection of investment returns.