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Updates for EB-5 Immigrant Investor Program you need to know

1. Priority date retention

Certain immigrant investors will keep the priority date of a previously approved EB-5 petition when they file a new petition.

2. Increased minimum investments
  • The standard minimum investment amount has increased to $1.8 million (from $1 million) to account for inflation.
  • The minimum investment in a TEA has increased to $900,000 (from $500,000) to account for inflation.
  • Future adjustments will also be tied to inflation (per the Consumer Price Index for All Urban Consumers, or CPI-U) and occur every 5 years.
3. Targeted employment area (TEA) designations
  • USCIS will now directly review and determine the designation of high-unemployment TEAs; no longer by state and local governments.
  • Specially designated high-unemployment TEAs will now consist of a combination of census tracts that include the tract or contiguous tracts in which the new commercial enterprise is principally doing business, including any or all directly adjacent tracts.
  • Provided they have experienced an average unemployment rate of at least 150% of the national average unemployment rate, TEAs may now include cities and towns with a population of 20,000 or more outside of metropolitan statistical areas.
  • These changes will help direct investment to areas most in need and increase the consistency of how high-unemployment areas are defined in the program.

EB5 Visa Overview

  • The EB-5 Immigrant Investor Program, created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.
  • Under a program first enacted as a pilot in 1992 and regularly reauthorized since then, investors may also qualify for EB-5 classification by investing through regional centers designated by USCIS based on proposals for promoting economic growth.

Advantages

  • Approved investors, their spouse and any unmarried minor children under the age of 21 will be granted the Green Cards.
  • The EB-5 investors and family can live, work, retire or attend school anywhere in the U.S.
  • The EB-5 investors have all rights as U.S citizens.
  • There is no requirement for English, working experience, or education level.

Requirements

  • $1,800,000 capital investment, $900,000 in a TEA.
  • The investment must be made in a for-profit U.S. commercial entity.
  • The investment must create 10 full-time U.S. jobs for two years.

Application Process

  • Stage I - Select an EB-5 qualifying project.
  • Stage II -EB-5 Investment and the I-526 Petition.
  • Stage III - 2-Year Conditional Permanent Residency.
  • Stage IV - I-829 Petition Application and obtain Unconditional Permanent Residency.