How To Make An EB-5 Investment

If you’re looking to move to the U.S. with your spouse and children and would like to ultimately get U.S. citizenship, then the EB-5 Program may be the best pathway for your family.

The EB-5 Program may sound confusing and complex at first, but it doesn’t have to be. Here is a breakdown of the steps to making an EB-5 investment.

1. Determine whether you can transfer the requisite amount of funds out of your home country.

 You may be subject to various laws of your home country as well as international laws. You also may be surprised to learn of treaties between your country and the USA. 

2. Find an EB-5 Immigration attorney to help advise you on the process.

 You will need an immigration attorney with EB-5 knowledge to file your EB-5 petitions: Form I-526 and Form I-829. This attorney, however, can also assist you by reviewing any offering agreements and other contracts associated with the EB-5 project you’ve selected. 

3. Select an EB-5 project.

 Determine whether you will invest in the Basic EB-5 Program or the Regional Center Program. You will more than likely want to also invest in a project located in a targeted employment area (TEA). This is because an EB-5 project located in a TEA designation allows investors to qualify for the reduced minimum investment amount of $500,000. If an EB-5 investor chooses a project not located in a TEA, then the minimum required investment amount is $1 million. You will also likely want to invest in a regional center project because the job creation requirements are much more flexible. Lastly, the project must be an at-risk project, meaning there cannot be any guarantees that the investor will receive their money back. 

4. Fund an escrow account.

 Once a project is vetted and selected, the EB-5 investor will need to make the required minimum investment into an escrow account. The Regional Center can assist with the process of finding a suitable escrow agency. These funds will be released into the investment vehicle as determined by the escrow agreement. Depending on the escrow agreement, the funds may be released prior to filing Form I-526, at the time of filing Form I-526, or upon Form I-526 approval. Consult with your immigration attorney to learn more. 

5. File your Form I-526 with USCIS.

 At this stage, your EB-5 immigration attorney will file your I-526 petition, which will show that you made an investment, that this investment will create the requirement number of jobs for qualified U.S. workers, and that your funds came from lawful sources. Once you’ve filed your Form I-526, you become eligible for a visa when one becomes available. When one becomes available, you will obtain conditional permanent residency for a two-year period while you complete the EB-5 Program requirements. When the EB-5 Program requirements are completed in the time period allowed, you apply using Form I-829 to remove the conditions on your permanent residency. Five years after receiving conditional permanent residency an EB-5 investor and their family members may become eligible for U.S. citizenship. 

For more information about the EB-5 investment process, send us a message.

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New Changes To EB-5 Form I-526 Require Additional Information

Beginning June 9, 2017, additional information on EB-5 Form I-526 will be required.

USCIS has added 3 pages to the petition. The new information EB-5 Form I-526 requires will include the following:

• Employment history for the last 5 years.
• Information about the spouse and dependent children.
• Any immigration proceedings information.
• Additional personal information about the investor.
• Investor's physical addresses from the past 5 years.
• Further information about lawful sources of funds being used for the investment capital.
• Regional Center information.
• Interpreter's certification information if relevant.
• Name and information of other investors who own a percentage of the New Commercial Enterprise.

Until the June 9, 2017, date, applicants can continue to use the previous Form I-526 from December, 2016.

For assistance with Form I-526, consult with an experienced immigration attorney.

For more filing information, visit USCIS here.