EB5 Visa: Immigrant Investor Program

The EB-5 Immigration Investor Program is an extremely successful program as it creates the opportunity for investors and their families to obtain a U.S. Permanent Residency (a “Green Card”) by investing in American businesses that create new jobs.

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Making your American dream come true…

The EB-5 Immigration Investor Programme is considered the Golden Visa of America, as it creates the opportunity for investors and their families to obtain a U.S. Permanent Residency (a “Green Card”) by investing in American businesses that create new jobs.

The EB-5 programme is an extremely successful programme which was originally created by the U.S. Congress in 1990 to stimulate the U.S. economy through capital investment by foreign investors and job creation. It has recently been updated in 2022 and is renewed by Congress periodically, becoming even more attractive to potential investors.

What are the EB-5 application requirements?

Must not be a U.S. Person^*
To make an eligible commercial investment which complies with the investment criteria of the Programme
Must be able to prove that the funds invested were derived from lawful sources
Must not have any violations of US immigration laws, criminal convictions, or history of financial fraud

^*As defined by the Securities Act of 1933, this can be found in Section 902(k)(1)

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Why apply for the EB-5 visa programme?

Work and Residence Flexibility Unlike some other U.S. Visas which have stricter requirements, the EB-5 Visa gives access to the investor and his family to live and work anywhere in the USA without limitations.
Family Reunification The investor can include their spouse and unmarried children under the age of 21 in the application.
No Visa Sponsorship Requirement Unlike some other U.S. Visas, the EB-5 is not linked to any family or employment sponsorships; essentially the investor acts as his own sponsor.
Investment in the Strong U.S. Economy The approved EB-5 investment not only allows the investor to obtain the visa but may also give a good return and future profits. If the EB-5 investors are approved they can also start and operate additional business in the U.S. separate and apart from the EB-5 investment.

Education Benefits Qualifying children of the investor have the opportunity to enroll in school with access to the same education and higher education that citizens enjoy including the possibility of lower university tuition compared to foreign students.
Permanent Status The EB-5 Visa is a permanent status and once you have received your permanent Green-Card, you only need to replace it every 10 years.
Quick Path to U.S. Citizenship Option to apply for U.S. Citizenship in as little as five years after the obtainment of the initial Conditional Permanent Residency while still keeping other citizenship(s).
Visa-Free Travel to the USA: You can leave and enter the U.S. freely without a visa.

EB-5 Investment Criteria

The standard minimum EB-5 investment is $1,050,000 which is reduced to $800,000 if the investment is in a designated targeted employment area (TEA)*.

Other Criteria in order for the investment to be considered eligible for the EB-5 application are the following:

The investment must create at least 10 permanent, full-time jobs for qualified U.S. workers** in a period of two years (viewed from the date the applicant receives the Conditional Permanent Residence).
The investment must be considered “at-risk” i.e. the investor cannot receive any guarantees or contractual rights for repayment.

^* A TEA is defined as a rural area or an area that has experienced high unemployment of at least 150% of the national average

^** A qualified U.S. worker is considered a U.S. citizen, lawful permanent resident, asylee, or refugee. Jobs created for non immigrant workers or members of the applicant’s family do not qualify.

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EB5 Visa: Immigrant Investor Program FAQs

Are my family members eligible to qualify for an EB-5 Visa?

Certain family members are eligible to apply with the main investor under the EB-5 scheme. These include the investor’s spouse and unmarried children under 21 years old. Unfortunately, other family members such as parents, grandparents, siblings and children over the age of 21 years old are not included.

Must the entire amount of investment be made at the time of applying for the EB-5 visa?

Yes, this is highly advisable because when filing in the application, if there is insufficient investment or incomplete documentation showing this investment, USCIS may deny the application.

What is a ‘T.E.A’ and why is the investment amount lower if you invest here?

A TEA stands for Targeted Employment Area and is a rural area or a location with a high rate of unemployment of at least 150% of the national average. The investment amount is lower if invested in a TEA area as these areas often have greater need for investment and this is a way to encourage investors to invest in these areas.

Is the EB-5 the only way to get U.S. citizenship?

There are several ways in the U.S. for foreign nationals to be eligible to apply for citizenship including family-based and employment-based immigration. The EB-5 Immigrant Investor Program however, is not based on any sponsorship and is an efficient option to receive Permanent Residency status and the eligibility to citizenship.

Can the investment funds come from a friend, relative or loan?

Yes, funds from friends and family members are acceptable, however the investor will still have to prove that these funds have been created by lawful sources. A loan is also acceptable from financial institution, but in this case the investor must use independent collateral for these loans i.e. the EB-5 investment cannot be considered as the collateral for this loan and the investor will still need to prove how the collaterals for the loan were obtained.

How long does the entire process take until I receive my permanent green card?

The processing period varies significantly depending among other factors, on the investment choice as well as on the investor’s country. As a rule, it can be said that in general it may take around 2 years, but depending on your situation this time period may be increased or decreased accordingly.

Can I become a U.S. citizen once I receive the green card?

You are eligible to apply for U.S. citizenship once you have lived in the U.S. for at least five years. These five years start to count from the date that you receive your initial conditional residency.

Is my child eligible for lower tuition rates under the EB-5 visa program?

U.S. universities oftentimes mean world-class education allowing the graduates to enter a strong employment market and giving them a good start in their future lives. Once an EB-5 investor and their applicable family members obtain conditional green cards, they are considered permanent residents of the U.S. and can enjoy all the benefits this entails, including but not limited to the potential of lower resident tuition fees. The exact rules regarding the difference between the resident and nonresident tuition fees vary depending on the states where the investors live and the type of educational institution.

Are the EB-5 visa holders allowed to work?

Yes, the EB-5 visa holders have all the rights of a Green Card Holder once USCIS approves the work authorization even if the EB-5 application is still pending, and therefore have the right to work and live anywhere in the U.S. This also applies to the Investor’s dependents who also filed Adjustment of Status. They do not need to work for the regional center through which they make the investment but it should be noted that if the investors or his/her dependents work in the EB-5 business that they used for the EB-5 investment, their positions may not be considered as the job creation criteria.

Who are Holborn Assets?

Holborn Assets are an award-winning wealth management and financial services business established in 1998. With offices globally, Holborn are well-positioned to help you with your citizenship and residency application.

At Holborn we have:

250+ qualified advisors across the globe
More than $2billion assets under management
Servicing 20,000 clients worldwide

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International Migration Leaders

Established for over 25 years as an International Wealth Management and Advisory Firm, with Holborn Assets, you have the full backing of a well-established, international company. As global leaders in residence and citizenship by investment schemes, over the past years we have assisted individuals to find the right program fit for their and their family’s needs and requirements, empowering them to become Global Citizens. Allow us to assist you by supporting you through this process.