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What is EB-5 Program?
The EB-5 (Employment-Based Fifth) Immigration Program is an investment visa program that grants U.S. green cards to the investor and their entire family. Established by the U.S. Congress in the 1990s, the EB-5 immigrant visa aims to stimulate economic growth and create jobs for American citizens through foreign investment. Under this program, the investor’s family, including spouse and unmarried children under 21, are eligible to receive U.S. green cards, granting them lawful permanent residency and the opportunity to pursue U.S. citizenship.
Purpose of the
EB-5 Program
For the US Goverment
- Economic Growth: Attract foreign investment to stimulate economic development, particularly in targeted employment areas (TEAs) where unemployment is high.
- Job Creation: Create jobs for U.S. workers, with a requirement that each investment leads to the creation of at least 10 full-time jobs.
- Increase in Capital: Encourage the inflow of foreign capital to fund large-scale projects, boosting the overall economy.
For Investors
- Access to Capital: Gain access to a significant source of funding for real estate and business development projects, often at lower interest rates compared to traditional financing.
- Job Creation Mandate: Leverage EB-5 funds to meet job creation requirements, making it easier to obtain project approval and support from local governments.
- Project Feasibility: Enhance the feasibility of large-scale projects by combining EB-5 capital with other funding sources, thereby increasing the likelihood of successful completion.
For Developers
- Pathway to U.S. Residency: Provide a pathway to obtaining a U.S. Green Card (permanent residency) for the investor and their immediate family.
- Investment Opportunity: Offer a chance to invest in U.S. businesses and projects, with the potential for financial returns.
- Family Benefits: Allow the investor’s spouse and children under 21 to also obtain Green Cards, providing them with the ability to live, work, and study in the U.S.
Benefits of the EB-5 Program
Pathway to U.S. Green Card
Obtain permanent residency (Green Card) for the investor, their spouse, and unmarried children under 21.
No Sponsorship Requirement
No need for family or employer sponsorship; the investor qualifies through their financial contribution.
Access to U.S. Education
Children of investors can attend U.S. schools, colleges, and universities, often at in-state tuition rates.
Freedom to Live Anywhere
Live, work, and retire anywhere in the U.S., with no geographic restrictions.
Potential for Financial Returns
Opportunity to earn returns on investment from successful EB-5 projects.
Path to Citizenship
After five years of permanent residency, investors and their families may apply for U.S. citizenship.
No Day-to-Day Business Management
Investors can invest in Regional Center projects without needing to manage day-to-day operations.
Access to U.S. Market
Benefit from the stability and opportunities of the U.S. economy.
Global Mobility
Greater ease of travel to and from the U.S. and other countries with a U.S. passport upon citizenship.
Diversification of Assets
Diversify investments by including U.S. real estate and business ventures in their portfolio.
Investor's Requirements
Investment through a Regional Center
Investors contribute $800,000 or $1,050,000 into a project facilitated by a regional center in a TEA or Non-TEA area approved by the U.S. Citizenship and Immigration Services (USCIS). Investors do not need to directly manage the business but only invest capital to create 10 jobs per investment unit. This is the simplest option chosen by the majority of Vietnamese investors.
Requirements for investors
It is important for prospective investors to thoroughly understand and familiarize themselves with the various EB-5 visa requirements before initiating the application process. By gaining a comprehensive understanding of these requirements from the outset, investors can make informed decisions, effectively plan their investment strategies, and ensure their eligibility for the program. Taking the time to educate themselves about the EB-5 visa requirements empowers investors to embark on their immigration journey with confidence and maximize the opportunities available through the program. Factors pertaining to the process are:
Requirement 1
Investors must be over 18 years old, meet health and legal background requirements. No educational qualifications, degrees, or management experience required.
Requirement 2
As of March 2022, with the passing of the EB-5 Reform and Integrity Act (RIA), $800,000 is the minimum investment amount for projects in rural areas, projects in areas of high unemployment (Targeted Employment Area or “TEA”), and government infrastructure projects.
Requirement 3
The investment must also create at least ten (10) permanent US jobs to obtain permanent residency. USCIS determines whether the investor created enough jobs when the second petition, the I-829, is adjudicated.
Requirement 4
Investors must have extensive evidence related to the origin of the money used for the EB-5 investment. This process is commonly known as the “source and path of funds” process. The EB-5 applicant should work directly on the source and path of funds with an experienced US immigration attorney.
Requirement 5
A clean record. To be given permanent resident status, the investors will need to be able to pass a series of routine background checks. Generally, receiving conditional permanent resident status takes approximately 18–24 months, and removing the conditions on that status requires another two years. However, investors in rural TEA projects are given priority processing and conditional permanent resident status should be received faster as a result.
Requirement 6
Investors must be over 18 years old, meet health and legal background requirements. No educational qualifications, degrees, or management experience required.
Requirement 7
As of March 2022, with the passing of the EB-5 Reform and Integrity Act (RIA), $800,000 is the minimum investment amount for projects in rural areas, projects in areas of high unemployment (Targeted Employment Area or “TEA”), and government infrastructure projects.
Requirement 8
The investment must also create at least ten (10) permanent US jobs to obtain permanent residency. USCIS determines whether the investor created enough jobs when the second petition, the I-829, is adjudicated.
Requirement 9
Investors must have extensive evidence related to the origin of the money used for the EB-5 investment. This process is commonly known as the “source and path of funds” process. The EB-5 applicant should work directly on the source and path of funds with an experienced US immigration attorney.
Requirement 10
A clean record. To be given permanent resident status, the investors will need to be able to pass a series of routine background checks. Generally, receiving conditional permanent resident status takes approximately 18–24 months, and removing the conditions on that status requires another two years. However, investors in rural TEA projects are given priority processing and conditional permanent resident status should be received faster as a result.
Requirement 1
Investors must be over 18 years old, meet health and legal background requirements. No educational qualifications, degrees, or management experience required.
Requirement 2
As of March 2022, with the passing of the EB-5 Reform and Integrity Act (RIA), $800,000 is the minimum investment amount for projects in rural areas, projects in areas of high unemployment (Targeted Employment Area or “TEA”), and government infrastructure projects.
Requirement 3
The investment must also create at least ten (10) permanent US jobs to obtain permanent residency. USCIS determines whether the investor created enough jobs when the second petition, the I-829, is adjudicated.
Requirement 4
Investors must have extensive evidence related to the origin of the money used for the EB-5 investment. This process is commonly known as the “source and path of funds” process. The EB-5 applicant should work directly on the source and path of funds with an experienced US immigration attorney.
Requirement 5
A clean record. To be given permanent resident status, the investors will need to be able to pass a series of routine background checks. Generally, receiving conditional permanent resident status takes approximately 18–24 months, and removing the conditions on that status requires another two years. However, investors in rural TEA projects are given priority processing and conditional permanent resident status should be received faster as a result.
Requirement 6
Investors must be over 18 years old, meet health and legal background requirements. No educational qualifications, degrees, or management experience required.
Requirement 7
As of March 2022, with the passing of the EB-5 Reform and Integrity Act (RIA), $800,000 is the minimum investment amount for projects in rural areas, projects in areas of high unemployment (Targeted Employment Area or “TEA”), and government infrastructure projects.
Requirement 8
The investment must also create at least ten (10) permanent US jobs to obtain permanent residency. USCIS determines whether the investor created enough jobs when the second petition, the I-829, is adjudicated.
Requirement 9
Investors must have extensive evidence related to the origin of the money used for the EB-5 investment. This process is commonly known as the “source and path of funds” process. The EB-5 applicant should work directly on the source and path of funds with an experienced US immigration attorney.
Requirement 10
A clean record. To be given permanent resident status, the investors will need to be able to pass a series of routine background checks. Generally, receiving conditional permanent resident status takes approximately 18–24 months, and removing the conditions on that status requires another two years. However, investors in rural TEA projects are given priority processing and conditional permanent resident status should be received faster as a result.
EB-5 Investment Process
Step 1
Step 2
Demonstration of Investor’s Source of Funds
- Providing relevant documentation regarding to Source-of-Funds Reports
- Verify Accredited Investor status by providing Accredited Investor Certification letter.
Step 3
Sign Investment Memorandum with National EB-5 Wealth Center to Subscribe to Partnership
- Complete the Contract and Escrow Agreements, then sign and return a digital or hard copy
- Once the Contract is reviewed and approved, a countersigned copy of the Contract will be sent to the investor
Step 4
Investors Invest Funds
Transfer the $800,000 EB-5 capital investment to the indicated Project Escrow Account
Step 5
Immigration Attorneys File I-526E
Contact, submit Source-of-Funds Report to Immigration Attorneys to be prepare the I-526E Petition submission
Step 6
Immigration Attorneys submits I-526E Petition to USCIS
Please note, we can provide recommendations for immigration counsel if needed
Step 7
USCIS reviews the I-526E Petition
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Step 8
USCIS approved the I-526E Petition
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Step 9
The investor receives conditional two-year green card (permanent residence)
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Step 10
National EB-5 Wealth Center return of capital for eligible investors
Investors are eligible to receive their investment capital after completing the conditional residence period or earlier depending on the USCIS I-526E petition processing time
Step 11
Immigration Attorneys File I-829 Petition for 10-year Green Card
Once the I-829 petition is approved, the investor will receive a permanent green card
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