EB-5
The U.S. Immigrant Investor Program
The Employment-based Immigration Program, Fifth Preference, also known as “EB-5”, is one of the most efficient ways for people from around the world to obtain a green card and live in the United States of America. After successful completion of the program, investors and their family members (spouse and child under the age of 21 years old) are given a conditional resident status in the United States, which can be converted into permanent residency after two years and citizenship after five years.
How it works
Since its introduction in 1990 by the U.S. Immigration Act, the EB-5 program provides a special category of immigration visa for high-net-worth international investors. To qualify for the program, the applicant must invest $800,000 (plus related fees) in a business project located in an area of the United States with high unemployment rates.
The applicant’s investment must create 10 full-time jobs within a two-year period.
After the approval of the initial application, which is focused primarily on establishing the legal source of the investment of $800,000 and verifying the investment proposition(I-526 Petition), the applicant and his or her immediate family are eligible for a conditional resident status in the United States should then qualify to the visa requirements (click here for the conditions of the Form DS-260 / I-485 Petition).
Once the applicant establishes that the investment of $800,000 was made in the selected project, that the new business has operated and the 10 full-time jobs were created within the two-year period (or will be created within a reasonable time period), the condition attached to the visa is removed and the applicant and family receive unconditional resident status in the United States (click here for the conditions of the I-829 Petition)
POPULATION (2022)
United States: 333,287,557
MAIN CITIES
New York City: 18,804,000
Los Angeles: 12,447,000
Chicago: 8,865,000
FREQUENTLY ASKED QUESTIONS
The United States Employment-based 5th preference program (“EB-5 Immigrant Investor Visa Program”) was created in 1990 by the Immigration Act of 1990. The EB-5 program is intended to encourage both “foreign investments and economic growth” by providing a method for eligible Immigrant Investors to become lawful permanent residents – informally known as “green card” holders –while financing a business in the United States that will employ at least ten American workers. Most immigrant investors use the EB-5 program to invest in a targeted employment area (“TEA”) which lowers the investment threshold to $900,000.
(1) Selection of an EB-5 qualifying project
(2) Investment of capital in the EB5 qualifying project
(3) Submission of the I-526 Petition (Immigrant Petition by Alien Investor)
(4) Approval of the I-526 Petition
(5) Submission of the DS-260 (Immigration Visa Application) or I-485 (Application to Adjust Status)
(6) Receipt of a 2-year conditional permanent residency visa (“Conditional Green Card”)
(7) Submission of the I-829 Application & Obtain an unconditional green card
The investment amount for a Regional Center Project is $800,000 following the enactment of the EB-5 Reform and Integrity Act of March 2022.
Here are fees to be paid at each of the application stages as of March 2023 :
| 1. I-526E Filing fee: | $4,675 per family |
| 2. DS-260 Visa Bill: | $345 per person |
| 3. Immigrant Fee: | $220 per person |
| 4. I-829 Filing Fee: | $3,750 per family + $85 per person |
Yes. When submitting an I-526 petition in an EB-5 application, the principal applicant can also be filing for his dependents, including a spouse and children under the age of 21.
The old passports must be provided only if the principal applicant and/or the family member(s) obtained U.S. visas using them. If unavailable, clearly indicate when the principal applicant and/or the family member(s) visited the U.S. and/or obtained their U.S. visa.
(1) The representative attorney will file the I-829 petition to remove the conditions on their permanent resident status within the 90-day period preceding the second anniversary of obtaining conditional permanent resident status
(2) Act as an American legal permanent resident
(3) No criminal record
(4) Travel to the U.S. at least once every six months
These situations depend on the individual circumstances, but keep in mind that a pending I-526 petition is evidence of immigrant intent, which could disqualify you for a non-immigrant visa like the J-1.
Every applicant must attend the interview that will be conducted at the U.S. embassy or consulate in the applicant’s country of residence.
The applicant must apply for a Social Security Number after arriving in the U.S. and it will be the same as all other Americans. He will then be allowed to work legally in the U.S.
After maintaining a permanent resident status for 5 years and being physically present in the U.S. for at least 2.5 of those 5 years, the permanent resident can apply for citizenship.
As soon as the applicant obtains his permanent residency.
As early of 1986, Mr. François Mandeville, founder and managing partner of Mandeville & Associates, has been assisting business persons to migrate through the residency-by-investment programs. Mandeville & Associates has grown into becoming a leading actor of this industry with an impeccable reputation.