What Is EB-5?
What is the EB-5 Program?
The EB-5 Immigrant Investor Program, established by the U.S. Congress in 1990, is designed to stimulate the U.S. economy through job creation and capital investment by foreign investors. The program allows eligible individuals and their immediate family members to obtain lawful permanent residency (green cards) in the United States in exchange for making a significant financial investment in a new commercial enterprise.
In 1992, Regional Centers were introduced as a key component of the EB-5 Immigrant Investor Program by the U.S. Congress, with the intention of streamlining the process for foreign investors.
EB-5 Program Requirements
The 4 key criteria that the EB-5 Immigrant Investor Program outlines as requirements to secure permanent residency.
Investment Amount
Investors must make a minimum investment of $800,000 in a Targeted Employment Area (TEA). The threshold increases to $1.05 million if outside a TEA.
Creation of Jobs
The investment must create at least 10 full-time jobs for qualifying U.S. workers.
New Commerical Enterprise
The investment should be made in a newly established business or one that has been restructured significantly to qualify as “new”.
At-Risk Investment
The invested capital must be at risk for loss and cannot be guaranteed back to the investor. Investors must prove the funds were obtained from legal sources.
What are Target Employment Areas (TEA)?
A Targeted Employment Area (TEA) is a rural area or an area that has experienced high unemployment (150% of the national average unemployment rate). A rural area is any area other than an area within a metropolitan statistical area (MSA) or within the outer boundary of any city or town having a population of approximately 20,000.
In 2022, the United States enacted the EB-5 Reform and Integrity Act that introduced the concept of reserved visas. Essentially, each year, visas are “reserved”: 20% for rural, 10% for high unemployment, and 2% for infrastructure.
Navigating the EB-5 Process
Step-by-step guide on what you can expect working with SRC.
01
Contact Us for Project Information
Complete the investor eligibility questionnaire and sign our non-disclosure agreement (NDA) to obtain our offering documents.
02
Review Offering Documents
SRC may request the completion of an accredited investor questionnaire prior to providing offering documents. After making an investment decision, our team will assist in preparations for subscription.
03
Subscription
SRC’s OF counsel will schedule a preliminary review of SOF and POF for I-526E filing. Once eligibility is verified, the subscription agreement can be signed and required investment funds transferred.
04
Filing I-526E Petition
SRC will partner directly with the appointed G-28 immigration attorney to assist in counsel review of the Investor’s I-526E packet before filing, to ensure the highest chance of approval success.
Note: SRC can provide immigration counsel
05
Consulate Interview or Adjustment of Status
After approval of Form I-526E, the Investor must either adjust their current visa status or undergo consular processing, depending on their current residing location.
Note: Form I-485 for adjustment of status can be filed concurrently with I-526E
06
Submit I-829 Petition
90 days prior to conditional permanent residency expiry, SRC will partner with the Investor’s immigration attorney to file the I-829 petition to remove temporary conditions for permanent green card status. The investment principle will be repaid in accordance with the loan term.