EB-5 Immigrant Investors
The EB-5 Immigrant Investor classification provides a pathway for certain individual investors in a U.S. business or investors in Regional Centers, including their spouses and children under the age of 21, to pursue U.S. lawful permanent residency.
The general eligibility requirements are as follows:
- Qualifying investment from a lawful source of funds in a U.S. commercial enterprise – The EB-5 Reform and Integrity Act of 2022 implemented certain changes to the program, including adjusting the minimum investment thresholds to $1,050,000 or $800,000 in a Targeted Employment Area (TEA) or infrastructure project.
- Creation or preservation of ten (10) full-time U.S. jobs.
As of December 2023, USCIS reports processing times of 4 years 7.5 months for 80% of EB-5 petitions, in addition to the time required for the beneficiary’s application for consular immigrant visa or adjustment of status to permanent resident, which can take 1-2 years. Permanent residency would be approved for a conditional period of two years, requiring the application to apply to remove conditions before the end of this period, which takes 1.5 – 2 years.
The investment generally must be maintained during this entire time (i.e. 7 – 9 years).
Due to the high investment thresholds and significant government scrutiny and processing times, it’s recommended to first review other U.S. immigration strategies before pursuing qualification under the EB-5 program.
The above is informational and not intended to be legal advice. Please consult with an experienced business immigration attorney on your specific facts and circumstances before proceeding with any U.S. immigration strategy.