Before November 21, 2019, intending immigrants who have invested, or are in the process of investing, at least $1 million in a new commercial enterprise (NCE) are eligible for EB5 visa in a non-TEA (“Targeted Employment Area”) investment. Starting from November 21, 2019, the required minimum investment amount will be increased to $1.8 million in a non-TEA investment.
For aliens investing in targeted employment areas (TEAs), which are rural locations or areas with unemployment rates greater than 150 percent of the national average, the required investment amount is $0.5 million prior to November 21, 2019 and will be $0.9 million starting from November 21, 2019.
Investment in regional centers, moreover, allows for a less restrictive job creation requirement, with USCIS accepting “indirect” jobs, or employment opportunities arising ancillary to the investment.
Each year, a maximum of 10,000 EB-5 visas are allocated to eligible intending immigrants. Of the 10,000 EB-5 visas allocated annually, 3,000 are reserved for TEAs, and 3,000 are reserved for regional centers.
Currently there is no visa backlog for EB5 Non-Regional Center (“direct investment”) category worldwide except for aliens born in mainland China, India and Vietnam, meaning that investors and their family members can file adjustment of status applications or start consular processing as soon as the Form I-526, Immigrant Petition by Alien Entrepreneur is approved.
There is no requirement for permanent job offer under EB2 or EB3 but the investors are required to have active management roles in the Newly Created Enterprise unless the Newly Created Enterprise is organized as an Limited Partnership; There is no requirement of maintaining a home-country business, which is a component of the EB-1C visa; nor any specific criteria dictating minimum levels of education, experience, achievements, or income, such as EB1 or EB2. For those intending immigrants with both the financial resources and the tolerance required for any high-risk investment, the EB-5 visa program offers a streamlined and efficient niche in the U.S. immigration system.
USCIS has not defined any age requirements for the EB-5 category. Instead, restrictions are essentially a function of the state where the enterprise will be located, since some states require people to be of a certain age to enter into certain contracts. Further, many EB-5 regional centers welcome investors of all ages. Investment fund can be gifted.
The NCE needs to employ at least 10 additional full-time U.S. workers no later than two years after the petitioner receives an approved Form I-526.
With the I-526 approval, the investor and his/her qualifying family members will be granted conditional permanent resident status for a two-year period. Towards the end of the 2-year conditional residency, you must submit Form I-829 with supporting evidence to show that the enterprise created 10 full-time jobs within 2 year of the underlying I-526 approval.
USCIS strictly scrutinizes sources of fund to be invested into the NCE. Therefore, all transactions must be carefully documented.
With the newly published final rule, the minimum investment amount for EB5 will increase to $1.8 million ($0.9 million for TEA), which is a huge financial commitment. Moreover, to be qualified as investment, the foreign investor’s capital must be placed “at risk” for the purpose of generating a return.
The Services We Offer:
Effectively and proactively communicate with you from the start of your case, working closely with you throughout the entire application process. Establish your eligibility under the EB-5 category, as well as the eligibility of any derivative beneficiaries you bring with you.
Draft or review corporate documents of the NCE to make sure the project and investment in compliance with EB5 regulation and other state or federal law, such as security law if applicable.
Draft highly detailed business plans to show at least 10 full-time jobs will be created within 2 years and that the NCE will generate sufficient income to support these employees.
Guide you through the document gathering process to show source of fund to support the investment capital was obtained through lawful means.
Consolidate your application materials into a petition package, which will include an expertly written petition letter that persuasively argues why you merit an EB-5 visa.
Pre-submission due diligence and checking to ensure consistency among documents
In the event USCIS makes a request for additional evidence on your pending case, we will respond to that request promptly, submitting the additional documentation required within the timeframe stipulated.