EB-5 Immigrant Investor Program | USCIS (2024)

USCIS administers the EB-5 Program. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for lawful permanent residence (become a Green Card holder) if they:

This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive.

Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.

Vacated rule modernizing the EB-5 Immigrant Investor Program

On June 22, 2021, the U.S. District Court for the Northern District of California, inBehring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated theEB-5 Immigrant Investor Program Modernization Final Rule (PDF).

While USCIS considers this decision, we will apply the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019.

Under the vacated rule published by the U.S. Department of Homeland Security, several changes to the EB-5 Immigrant Investor Program that went into effect Nov. 21, 2019 are no longer in effect.

The new rule modernizes the EB-5 program by:

  • Providing priority date retention to certain EB-5 investors;
  • Increasing the required minimum investment amounts to account for inflation;
  • Reforming certain targeted employment area (TEA) designations;
  • Clarifying USCIS procedures for the removal of conditions on permanent residence; and
  • Making other technical and conforming revisions.

What You Need to Know:

Priority date retention

  • Certain immigrant investors will keep the priority date of a previously approved EB-5 petition when they file a new petition.

Increased minimum investments

  • The standard minimum investment amount has increased to $1.8 million (from $1 million) to account for inflation.
  • The minimum investment in a TEA has increased to $900,000 (from $500,000) to account for inflation.
  • Future adjustments will also be tied to inflation (per the Consumer Price Index for All Urban Consumers, or CPI-U) and occur every 5 years.

Targeted employment area (TEA) designations

  • We will now directly review and determine the designation of high-unemployment TEAs; we will no longer defer to TEA designations made by state and local governments.
  • Specially designated high-unemployment TEAs will now consist of a combination of census tracts that include the tract or contiguous tracts in which the new commercial enterprise is principally doing business, including any or all directly adjacent tracts.
  • Provided they have experienced an average unemployment rate of at least 150% of the national average unemployment rate, TEAs may now include cities and towns with a population of 20,000 or more outside of metropolitan statistical areas.
  • These changes will help direct investment to areas most in need and increase the consistency of how high-unemployment areas are defined in the program.

Clarified procedures for the removal of conditions on permanent residence

  • The new rule specifies when derivative family members (for example, a spouse and children whose immigration status comes from the status of a primary benefit petitioner) who are lawful permanent residents must independently file to remove conditions on their permanent residence;
  • The new rule includes flexibility in interview locations; and
  • The new rule updates the regulations to reflect the current process for issuing Green Cards.

Class Action Member Identification Notice

On Nov. 30, 2018, in the case of Zhang v. USCIS, No. 15-cv-995, the U.S. District Court for the District of Columbia certified a class that includes anybody who has a Form I-526, Immigrant Petition by Alien Investor, that was or will be denied on the sole basis of investing loan proceeds that were not secured by their own assets. The court vacated these denials and ordered USCIS to reconsider the petitions.

In May 2019, we sent letters to all petitioners whose petitions we denied and to petitioners who withdrew their I-526 petitions. We wanted to make sure to notify all potential class members. If you received this notification and do not believe that you are a potential class member, please disregard the letter; you do not need to take any further action.

On Jan. 28, 2019, we appealed the court’s decision. On Oct. 27, 2020, the U.S. Court of Appeals for the D.C. Circuit affirmed the district court’s decision. With this decision, the court certified the class, and we are reopening and adjudicating class member petitions consistent with the court’s decision.

DHS Privacy Notice

AUTHORITIES: The information USCIS is requesting that you provide in your email to USCIS, and the associated evidence, is collected under the Immigration and Nationality Act sections 103 and 203(b)(5) and Title 8 of the Code of Federal Regulations parts 103 and 204.6.

PURPOSE: The primary purpose for providing the requested information in your email is to determine your eligibility as a class member and, if so, to make a determination whether to reconsider your Form I-526 petition.

DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in USCIS being unable to identify you as a potential class member.

ROUTINE USES: DHS may share the information you provide in your email and any additional requested evidence with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records notices [DHS/USCIS/ICE/CBP-001 Alien File and National File Tracking System of Records, DHS/USCIS-007 Benefits Information System, and DHS/USCIS-018 Immigration Biometric and Background] and the published privacy impact assessments [DHS/USCIS/PIA-016(a) Computer Linked Application Information System and Associated Systems], which you can find at www.dhs.gov/privacy. DHS may also share this information, as appropriate, for law enforcement purposes or in the interest of national security.

EB-5 Immigrant Investor Program | USCIS (2024)

FAQs

What is the minimum investment for EB-5? ›

As per USCIS guidelines, the minimum investment amount for an EB-5 visa must be either $1,050,000 or $800,000 if the investment is in a Targeted Employment Area, which can be in a rural area or an area with high unemployment.

What is EB-5 immigrant investor program? ›

Administered by the U.S. Citizenship and Immigration Services (USCIS), the EB-5 Program, also known as the Immigrant Investor Program, allows qualified foreign investors who meet specific capital investment and job creation requirements, to obtain their permanent residency and become proud contributors to U.S. ...

Is an investment of $500,000 sufficient for an EB-5 immigrant visa? ›

The standard capital investment requirement for an EB-5 investor is $1 million. in a Targeted Employment Area (TEA) which is either in a high unemployment area, (calculated as an area with an unemployment rate that is at least 150% of the national average), or a Rural Area (RA) is $500,000.

Is EB-5 green card worth it? ›

EB‑5 visas offer many advantages, such as bringing family members, obtaining permanent residence and citizenship, and moving to the USA. Among the disadvantages are risky investments, a long period of obtainment and participation in the company's management.

Do EB-5 investors get their money back? ›

EB-5 Investment Repayment

The typical business plan and offering documents of a Regional Center project will provide an exit strategy that allows the EB-5 investor to receive their full investment principal back with additional accrued interest.

What are the disadvantages of EB-5 visa? ›

In general, the EB-5 visa category has the following disadvantages compared to other employment-based green card options:
  • Requires lots of money. ...
  • Involves investment risk and other challenges. ...
  • Is not a direct path to permanent resident status. ...
  • Involves long waits for investors born in mainland China due to visa quotas.

How much money for an EB-5 visa? ›

Summary of EB-5 Visa Requirements

Proof of investment with a minimum capital amount of $1,050,000, or $800,000, if the investment is an infrastructure project or located in a rural or high-unemployment targeted employment area (TEA). Proof of lawful source of funds.

What is the acceptance rate for EB-5 visa? ›

Generally speaking, the approval rate for an I-526 petition is from about 75% to over 80%. Because it is assumed that an EB-5 Investor who receives approval for the I-526 petition, will apply for conditional permanent resident status, the approval rate for the I-829 petition is around 90% and above.

Can I get a US visa if I buy a property? ›

Do you get visa if you buy property in USA? If you buy property in the USA, this does not automatically give you the right to a US visa, including an E2 treaty investor visa. Further, to be eligible for E2 nonimmigrant status, a passive investment will not qualify.

Is EB-5 visa risky? ›

However, like any investment, there are risks associated with EB-5 projects. These risks include losing the invested EB-5 capital if the project developer misuses the funds or not getting the green card if the project fails to create the requisite number of jobs.

What happens if EB-5 investment fails? ›

If an EB-5 project fails to meet the job creation requirements, it will likely result in exponential losses in capital and a green card denial. The next question is whether investors can have the invested amount reimbursed. The likelihood of reimbursement depends on the investment option.

How long does EB-5 investment take? ›

The new guidance published on the USCIS website states that this two-year period begins when investor funds are deployed to the job-creating entity (“JCE”). As long as 10 jobs have been created by an EB-5 investor's investment, he or she can be repaid after two years and remain eligible for a U.S. Green Card.

What is the wait time for EB-5 green card? ›

Upon successful completion of the EB5 visa interview, you should be granted an EB5 visa within about a week. This process takes about 6 to 8 months. Once your adjustment of status is approved or you enter the country on a valid EB5 visa, you are officially a conditional permanent resident for 2 years.

Can you take a loan for EB-5? ›

When you're considering an EB-5 investment, you have several options for securing your funds. You can get a loan from a bank, a principal borrower, a lending institution, a financial institution, or even from friends or family. Essentially, the loan can come from any legal source.

How much can I invest in EB-5 2024? ›

To qualify for the EB-5, you must invest a minimum amount of $1,050,000. However, if your EB5 investment is made in a Targeted Employment Area (TEA), which is an area with a high unemployment rate or rural characteristics, the minimum investment is reduced to $800,000.

How many years is EB-5 investment? ›

The new guidance published on the USCIS website states that this two-year period begins when investor funds are deployed to the job-creating entity (“JCE”). As long as 10 jobs have been created by an EB-5 investor's investment, he or she can be repaid after two years and remain eligible for a U.S. Green Card.

How long does it take to get EB-5 investment? ›

However, there is also a 5-year period that the investment needs to be in compliance with, otherwise the EB-5 investor could have their residency status revoked.

References

Top Articles
Latest Posts
Recommended Articles
Article information

Author: Edwin Metz

Last Updated:

Views: 6178

Rating: 4.8 / 5 (58 voted)

Reviews: 81% of readers found this page helpful

Author information

Name: Edwin Metz

Birthday: 1997-04-16

Address: 51593 Leanne Light, Kuphalmouth, DE 50012-5183

Phone: +639107620957

Job: Corporate Banking Technician

Hobby: Reading, scrapbook, role-playing games, Fishing, Fishing, Scuba diving, Beekeeping

Introduction: My name is Edwin Metz, I am a fair, energetic, helpful, brave, outstanding, nice, helpful person who loves writing and wants to share my knowledge and understanding with you.