In the diagram below, we outline the EB-5 process by each step. It is important for prospective EB-5 investors to know that they can receive the employment and travel authorization much sooner than receiving the physical green card through a concurrent filing of an Adjustment of Status. This must be done while in the U.S. on a valid visa, and it can be filed at the same time or any time after submitting the EB-5 petition.
To learn more about concurrent filing through an Adjust of Status, please take a moment to watch our YouTube video.
In 1990, under section 203(b) (5) of the Immigration and Nationality Act (INA), 8 U.S.C. Â§ 1153(ban ) (5), Congress created the fifth employment-based preference (EB-5) immigrant visa category for qualified foreign investors seeking to invest in a business that benefits the U.S. economy by creating or preserving at least 10 full-time jobs. Thus, the EB-5 Program was born. The initial amount required for foreigners to invest is $1,050,000. However, if an investment is in a targeted employment area (TEA) the investment amount is reduced by half to $800,000 dollars.
The first step in the EB-5 visa program is to contact us and fill out the eligibility questionnaire. Once completed, we can schedule a meeting to discuss your situation further and give you an in-depth outline of the EB-5 process, our regional center, and the current projects we have available.
Click here to learn more about EB-5 eligibilities.
One of the most critical aspects to being approved is the Source and Path of Funds. After our conversation, we are happy to connect you with an EB-5 immigration attorney for a free consultation so you can discuss all that an EB-5 filing entails.
Whenever you’re ready to begin the process, engage an EB-5 attorney for legal representation. You will work hand-in-hand with the attorney to provide the requested documentation, and we’ll provide the necessary project information for the legal team to prepare your I-526E petition.
Whenever you’re ready and your attorney gives the green light, you’ll fund the investment and the attorney will submit your petition for a green card. Qualified investors such as yourself who invest through a regional center receive a conditional green card that’s valid for two years. Once the conditional green card is received, you can enjoy the same benefits as other lawful permanent residents, such as traveling around the world without needing a Visa to return to the U.S., limitless opportunities for employment, and in-country college tuition.
For information on green cards, click here. If you have other questions, feel free to contact Houston EB5.
Three months before your conditional residency is set to expire, your attorney will submit your I-829 application to remove the conditions on green cards. At this point, the regional center (such as Houston EB5) provides documentary evidence of the EB-5 expenditures and the resulting job-creation. Each applicant needs to be credited 10 jobs to qualify for an approval.
It is recommended that investors select projects with a strong job-creation cushion/buffer, and further only work with regional centers that have demonstrated a successful history without any failures of completing projects, green card approvals, and EB-5 capital repayments.
Once the conditions are removed and your I-829 petition is approved, you and your immediate family members become permanent green card holders and can later apply to become U.S. citizens. Given that this timing aligns with traditional real estate development cycles, investors are eligible to be returned their original investment after the I-829 petition has been filed.
The EB-5 visa program is one of the most flexible paths to a green card available. You are not required to manage the business’ or project’s day-to-day operations, you can invest in an existing business or a new business, and you’re not required to live in the region where the investment is made.
So if you invest in one of our Houston EB5 projects and want to live elsewhere, you can!
Additionally, funds may come from any legal foreign or US source; including gifts, loans, sale of assets, income, inheritance, and divorce settlements.
In 1992, the U.S. Congress created the Regional Center Pilot Program to further encourage foreign investment in the United States through the EB-5 program. The major advantage afforded to Regional Center EB-5 projects is the counting of induced and indirect jobs created through project expenditures. Most often, the indirect and induced job creation is quite significant, yielding much higher job creation numbers. This yields a safer route to fulfilling the immigration requirements.
A regional center is a private commercial enterprise, corporation, or regional governmental agency with a targeted investment program within a defined geographic region. Our EB-5 program mirrors other successful, long-standing investment immigration programs in the UK, Canada, Australia, and other countries.
An investor seeking an EB-5 immigrant visa through a designated regional center must make a qualifying investment of $1,050,000 and show that at least 10 jobs were directly or indirectly created through that investment.
However, certain rural and high unemployment areas (TEAs – Targeted Employment Areas) qualify for a reduced capital investment of $800,000. A targeted employment area is an area that has experienced an average unemployment rate of at least 150% of the national average unemployment rate. Rural areas include cities and towns with a population of 20,000 or less outside of metropolitan statistical areas (MSA).
Houston EB5 is a USCIS-designated regional center that focuses on investment opportunities for identified by our sponsor, DC Partners. Qualifying projects include but are not limited to those located within targeted employment and rural areas. Using USCIS-approved job creation methodology, Houston EB5 develops and maintains detailed economic reports to measure and verify direct, indirect, and induced job creation for EB-5 projects.
* The information contained herein should not be construed as research or investment advice. No warranty is given as to the completeness or accuracy of the information contained herein, and the above estimates, whilst given in good faith, are subject to change without notice. Official information regarding immigration processing times can be found on the USCIS website.