Program

The EB-5 Program

The United States EB-5 Visa Program

The EB-5 Visa Program is likely the most popular, fast and well-structured way to obtain a permanent residency in the United States. The program delivers green cards for investors and their family members, including spouses and children (must be under 21 at the time of the application).

The United States green card offers the freedom to live, study and work (as an employee or business owner) in any part of the country. Obtaining the United States green card via this route levels the playing field for investors with any United States Citizen, with the major exception of the right to vote. The green card also has a direct path to US Citizenship.

Requirements of a Successful Application

The EB-5 Program delivers green cards to qualified investors, who invest $800,000 into a U.S business, either directly or through a regional center approved project to create jobs in the US economy.

There are various investment options available, including ones in urban areas but qualified as Target Employment Areas (TEA’s), or rural businesses or businesses of national importance.

As direct investors, a business must document and create a minimum of 10 direct jobs and sustain them for a period of 2 years.

Regional center approved projects are allowed to include direct, indirect and induced jobs to reach the minimum requirement of 10 jobs per investor and may take multiple investors in a single project. (Have a conversation with us to understand the nuances)

The only onus on investors and their family members is to produce proof of legitimate source of the funds
Acceptable sources include salary, professional income, business income, gift from family, loan, and inheritance

Skill-set or qualification does not count in this visa category

It is critical to have a clean criminal record to qualify

The capital has to be invested “At-Risk” and any type of return must not be guaranteed

Timeline and Process
1
Prep Work for an Application

Timeline: Minimum 15-60 Days
Action Items: Work with us to identify the appropriate documentation for your source of funds, remittance plan and also choose the project that best suits your needs.

2
Submission of Your EB-5 Application

Timeline: Day Zero
Action Items: We work with the immigration attorney to file your application; a receipt of filing is issued to you within 2-3 weeks, which starts your clock

3
Wait Times for USCIS Review of Application

Timeline: During 24-30 months*
Action Items: Your submitted application is under review and processing with the USCIS, which includes a thorough review of all the submitted documents

4
Approval of an EB-5 Application

Timeline: Anytime after 24 months to 30 months*
Action Items: An intimation of approval application will be sent to you which means that the first stage is completed

5
Choosing Between Consular Processing or Adjustment of Status

Timeline: Within 6 months of approval
Action Items: You will be required to:

  • Either schedule an interview with the US Consulate if you are based anywhere outside of the US.
  • Apply for an Adjustment of Status(AOS) to transition from your existing visa to EB-5 . There is a new provision that also gives you an option to do this before approval to receive the work and travel permits sooner. (Please talk to us to know more)
6
Receiving your Green Card (work authorisation & travel permits)

Timeline: Within 6 months*
Action Items: Upon completion of your interview with the US consulate, you receive your conditional green card which you can use to move to the US

7
Maintaining the Green Card over 2 Years

Timeline: 2 years
Action Items: You would be required to make visits to the US, and create a trail which your attorney will guide you on, to ensure all requirements of your conditional residency are met

8
Submission of Permanency Request

Timeline: During 21st month of maintaining conditional residency
Action Items: A request will be submitted for the conditions to be lifted off

9
Requesting Return of Capital

Timeline: Around 5-6 years from the initial application
Action Items: Typical loan term for most projects is 5 years, and the capital can be returned to you if you have submitted your permanency application by this time (the step above)

10
Permanency & Path to Citizenship

Timeline: 24 months*
Action Items: This is the final stage of processing and approval of your permanent green card. You can opt for citizenship after 5 years of holding your green card (including conditional period).

Average timelines are subject to changes and are published on USCIS website. At EB5 Project Advisory we track these timelines on a monthly basis before we issue guidance on the latest updates relevant for our clients