The EB-5 Program Overview
Congress created the fifth employment-based preference (EB-5) immigrant visa category in 1990 for qualified foreigners seeking to invest in a business that will benefit the U.S. economy and create or save at least 10 full-time jobs.
The basic amount required to invest is $1 million, although that amount is reduced to $500,000 if the investment is made in a rural or high unemployment area.
The EB-5 Regional Center Investment Program
To encourage immigration through the EB-5 program, Congress created a pilot program in 1993. The program specifically sets aside 3,000 visas annually for foreign investors who apply through a United States Citizen and Immigration Services (USCIS) designated Regional Center Investment Program.
A Regional Center is a private enterprise or corporation or a regional governmental agency with a targeted investment program within a defined geographic region. The Regional Center program in many ways mirrors long active and successful investment-employment based programs in the United Kingdom, Canada, Australia, and other foreign nations.
An investor seeking an EB-5 immigrant visa through a designated regional center must generally make a qualifying investment of $1 million and demonstrate that at least 10 jobs were directly or indirectly created through the investment. Certain rural, high unemployment or Targeted Employment Areas (TEA) qualify for a lesser capital investment of $500,000. The American Opportunity Regional Center that focuses solely on qualifying projects within targeted employment areas.
An investor seeking an EB-5 immigrant visa through a designated regional center must also demonstrate that at least 10 jobs were directly or indirectly created through the investment. The American Opportunity Regional Center utilizes a USCIS approved job methodology to measure and verify a qualifying project’s required job creation.
Before participating in a Regional Center EB-5 investment program, each investor independently petitions USCIS for an EB-5 visa. Qualified investors investing through a Regional Center receive a conditional green card valid for two years. The investor, spouse and unmarried children (under age 21 at the time of petition) can then apply for permanent residency based on investment. If approved, the investor and his immediate family become permanent green card holders and can later apply to become U.S. citizens. Upon receipt of conditional permanent resident status, the investor and immediate family are entitled to the same benefits as other lawful permanent residents.
The basic amount required to invest is $1 million, although that amount is reduced to $500,000 if the investment is made in a rural or high unemployment area.
The EB-5 Regional Center Investment Program
To encourage immigration through the EB-5 program, Congress created a pilot program in 1993. The program specifically sets aside 3,000 visas annually for foreign investors who apply through a United States Citizen and Immigration Services (USCIS) designated Regional Center Investment Program.
A Regional Center is a private enterprise or corporation or a regional governmental agency with a targeted investment program within a defined geographic region. The Regional Center program in many ways mirrors long active and successful investment-employment based programs in the United Kingdom, Canada, Australia, and other foreign nations.
An investor seeking an EB-5 immigrant visa through a designated regional center must generally make a qualifying investment of $1 million and demonstrate that at least 10 jobs were directly or indirectly created through the investment. Certain rural, high unemployment or Targeted Employment Areas (TEA) qualify for a lesser capital investment of $500,000. The American Opportunity Regional Center that focuses solely on qualifying projects within targeted employment areas.
An investor seeking an EB-5 immigrant visa through a designated regional center must also demonstrate that at least 10 jobs were directly or indirectly created through the investment. The American Opportunity Regional Center utilizes a USCIS approved job methodology to measure and verify a qualifying project’s required job creation.
Before participating in a Regional Center EB-5 investment program, each investor independently petitions USCIS for an EB-5 visa. Qualified investors investing through a Regional Center receive a conditional green card valid for two years. The investor, spouse and unmarried children (under age 21 at the time of petition) can then apply for permanent residency based on investment. If approved, the investor and his immediate family become permanent green card holders and can later apply to become U.S. citizens. Upon receipt of conditional permanent resident status, the investor and immediate family are entitled to the same benefits as other lawful permanent residents.
Benefits of EB-5 Immigration& Investment
To encourage immigration through the EB-5 category, US Congress created the Regional Center Investment Program
The American Opportunity Regional Center is attractive to foreign investors, because it offers EB-5 qualifying investments and stable economic gains.
The American Opportunity Regional Center benefits include:
- A Regional Center is an entity, organization or agency that has been approved as such by the United States Citizenship and Immigration Services (USCIS);
- A Regional Center focuses on a specific geographic area or projects within the United States;
- A Regional Center seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.
The American Opportunity Regional Center is attractive to foreign investors, because it offers EB-5 qualifying investments and stable economic gains.
The American Opportunity Regional Center benefits include:
- Foreign investors utilizing a designated regional center are given priority by USCIS.
- Targeted Employment Areas (TEA) that require a lesser capital investment of $500,000.
- Qualification by both direct and indirect employment creation of at least 10 jobs.
- No quota backlogs like those found in many other employment and sponsorship visa programs.
- Foreign investors use their own funds and do not need sponsorship from relatives or employers.
- Day to day management responsibilities are not required by investor.
- Ability to live and work anywhere in the United States, regardless of the regional center location.
- Foreign investor is not required to speak English, have related business experience, or achieve minimum education requirements.
- The right to travel outside of the United States and return to the United States without a visa.
- Education at colleges and universities for students at U.S. resident costs.
- Ability to apply for U.S. citizenship once you have been a permanent resident for more than five years.
EB-5 Eligibility and Requirements
In 1990, under section 203(b) (5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b) (5), the United States Congress created the fifth employment-based preference (EB-5) immigrant visa category. To encourage immigration through the EB-5 program, Congress created a Regional Center Investment Program in 1993.
The program specifically sets aside 3,000 visas annually for foreign investors who apply through a United States Citizen and Immigration Services (USCIS) designated Regional Center. To qualify for the provisional program foreign investors must:
1. Demonstrate that a "qualified investment" is being made in a new commercial enterprise located within an approved Regional Center. The qualified investment must be:
2. Demonstrate the qualified investment will benefit the United States economy and:
For more information about EB-5 immigration, please visit the USCIS website: www.uscis.gov
The program specifically sets aside 3,000 visas annually for foreign investors who apply through a United States Citizen and Immigration Services (USCIS) designated Regional Center. To qualify for the provisional program foreign investors must:
1. Demonstrate that a "qualified investment" is being made in a new commercial enterprise located within an approved Regional Center. The qualified investment must be:
- At least $500,000 in qualifying Targeted Employment Areas (TEA). The Los Angeles Regional Center focuses solely on projects within qualifying targeted employment areas (TEAs), or
- At least $1,000,000; and
2. Demonstrate the qualified investment will benefit the United States economy and:
- Show, using reasonable methodologies, that 10 or more jobs are created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment.
For more information about EB-5 immigration, please visit the USCIS website: www.uscis.gov
