Your roadmap to permanent residency in the United States through immigration by investment

The EB-5 Immigrant Investor Program provides an expedited pathway for foreign investors to obtain permanent residency in the United States by investing in job-creating projects. While the program offers incredible benefits to investors, navigating the EB-5 process can feel daunting.

To help navigate the complex world of EB-5, we’ve created a straightforward, step-by-step guide to help you understand what to expect – from initial due diligence to achieving permanent residency.

Step 1: Learn the EB-5 Program Basics

Before investing, it’s important to understand the fundamental tenets of the program:

• Investors must invest a minimum of $800,000 in a targeted employment area (meaning designated as rural, infrastructure or as having high-unemployment) or $1.05 million (in a non-targeted employment area) in a qualifying American project.
• The investment must create or preserve at least 10 full-time jobs (per investor) for American workers.

Step 2: Choose a Regional Center or Pursue Direct Investment

Most EB-5 investors choose to pursue permanent residency through USCIS-designated Regional Centers, which pool EB-5 capital into larger projects with enhanced options for calculating job-creation and generally a more defined exit strategy.

• Regional Center investments offer a more passive role for the investor (no day-to-day management of a business) and the ability to measure job creation through indirect job calculations.
• Direct investment requires direct job creation within the investor’s own business, but offers more day-to-day control of the enterprise.

Step 3: Conduct Due Diligence and Make Your Investment

Given the vast majority of EB-5 candidates go through a Regional Center, we’ll focus on that pathway.

Selecting a Regional Center is a high-stakes decision that impacts both the success of your immigration pursuit and your financial outcome. You’ll want to scrutinize the Regional Center’s track record, including the outcomes of any independent audits and approval rates for I-526E and I-829 petitions, and ensure they have maintained compliance with USCIS regulations.

Once you’ve retained an immigration attorney to represent you, selected a Regional Center, consulted any tax, financial or other advisors, and have identified a candidate project for potential investment, you’ll want to review all offering documents carefully, including:

• Business plan and job creation methodology.
• Capital structure and exit strategy.
• Developer track record.
• Risks and disclosures.

After completing due diligence and selecting a project, you’ll execute the investment agreements and transfer the required investment funds, officially committing your capital to the EB-5 project.

Step 4: File Form I-526E

After investing, your immigration attorney will file Form I-526E with United States Citizenship and Immigration Services (USCIS) on your behalf. The petition demonstrates that your investment will meet EB-5 requirements

The processing times for I-526E petitions can vary depending on demand and the individual case complexity.

Step 5: Secure Conditional Permanent Residency

When your I-526E has been approved, you are eligible to achieve conditional permanent residency.

Upon approval, you and your eligible family members will receive conditional green cards that are valid for two years from date of issuance.

Step 6: Live and Work in the United States

During the two-year conditional residency period, EB-5 participants can:

• Live, work and study anywhere in the U.S.
• Travel freely outside the U.S. (with proper documentation)

Step 8: Apply for Citizenship (Optional)

After five years of lawfully living as a permanent resident of the United States (which may include your conditional residency), you may be eligible for U.S. citizenship if you meet residency and other requirements. Consult your immigration attorney for the specifics as they relate to your unique case.

The EB-5 program is a multi-faceted journey that requires planning, patience, and partnership with reputable institutions and individuals in the industry – from Regional Centers to immigration attorneys.

At CMB Regional Centers, we have over 28 years of helping prospective residents of the United States achieve their immigration dreams through the EB-5 program. Ready to discuss how we can help you achieve permanent residency in the United States?

Contact us today using the form below.