ABOUT THE EB-5 PROGRAM

The United States EB-5 visa employment-based fifth preference category is administered by the United States Citizenship and Immigration Services (USCIS). The EB-5 program was created in 1990 by the Immigration Act of 1990. EB-5 provides eligible Immigrant Investors a visa pathway to become lawful permanent residents by investing at least $900,000 to finance a new business enterprise in the United States that will employ at least 10 American workers. The EB-5 program is intended to encourage both foreign investments and economic growth.

 

Regional Centers are USCIS-approved third-party entities, usually for-profit, private intermediaries, that connect foreign investors with business enterprises and developers. Regional Centers promote economic growth, including increased export sales, improved regional productivity, job creation, or increased domestic capital investment.

 

The primary benefit for foreign investors to invest via a Regional Center is that it allows not only direct job creation, but also indirect and induced jobs for purposes of meeting the 10-job creation per immigrant investor requirement.

FREQUENTLY ASKED QUESTIONS

The information provided is of general nature and may not apply to any particular set of factors or circumstances. It should not be construed as immigration or legal advice, nor should it be relied upon. Individuals should consult with their own independent legal counsel.

WHAT IS THE EB-5 VISA PROGRAM?

The Employment Based 5th preference visa (EB-5) was created by Congress in 1990 to stimulate the U.S. economy through job creation by immigrant investors. There are 10,000 EB-5 immigrant visas available annually, of which 3,000 EB-5 visas are set aside for foreign nationals who invest in Regional Centers designated by USCIS based on proposals for promoting economic growth.

WHAT IS AN EB-5 REGIONAL CENTER?

An EB-5 regional center is an organization, public or private, in the United States that is involved with promoting economic growth. Regional centers are designated by USCIS for participation in the EB-5 Immigrant Investor Program. To view the list of approved regional centers, including ours, visit www.uscis.gov/eb-5centers.

WHO RECEIVES A PERMANENT RESIDENT GREEN CARD VIA AN EB-5 INVESTMENT?

The investor, spouse and any unmarried children under the age of 21 (including adopted children) are eligible to apply for a green card through one investment in the EB-5 Visa Program.

WHAT IS THE MINIMUM AMOUNT OF INVESTMENT REQUIRED IN THE EB-5 PROGRAM?

As of November 21st, 2019 the standard investment is $1.8 million. Investments in “targeted employment areas” qualify for a reduced investment amount of $900,000. Future adjustments to the minimum investment amounts will be evaluated every five years, and be tied to inflation (per the Consumer Price Index for All Urban Consumers, or CPI-U).

WHAT IS A "TARGETED EMPLOYMENT AREA" (TEA)?

A Targeted Employment Area (TEA) is a region of the United States for which the threshold for investment for an investor to be eligible for the EB–5 visa is $900,000 (as opposed to the usual $1,800,000 threshold for the US as a whole).

 

There are two types of targeted employment areas (TEA).

1.    High unemployment areas (defined as areas having unemployment more than 150% of the U.S. national average calculated by the Bureau of Labor Statistics)

2.    Rural areas (defined as areas outside a Metropolitan Statistical Area).

 

The Green Mountains Regional Center’s geographic region qualifies as a Rural TEA.

WHAT ARE THE ELIGIBLITY REQUIREMENTS TO OBTAIN AN EB-5 VISA?

The EB–5 program affords foreign nationals and their spouses and unmarried children under age 21 the ability to obtain a U.S. visa based solely upon a minimum investment in a for-profit enterprise that creates or retains a specified number of jobs. There are no language, education, or job training requirements. The following are the basic requirements:

1.    Invest lawfully obtained funds of 1,800,000, or $900,000 in a TEA.

2.    The investment must be made in a for-profit U.S. commercial entity.

3.    The investment must create ten full-time U.S. jobs for two years, or in the case of a troubled business, preserve ten jobs.

CAN MONEY GIFTED BY A PARENT OR OTHER RELATIVE BE USED FOR AN EB-5 INVESTMENT?

Yes, a parent or relative may gift funds needed to qualify an EB-5 investment. The gift cannot be a loan. The giftor must provide documentary evidence to prove the gifted funds were obtained through lawful means.

CONTACT GMRC + 1 860 788 7741

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