EB-5 offers investors and entrepreneurs a pathway to obtain a U.S. green card through investment. Upon successful application, you and your spouse and unmarried children under the age of 21 can obtain permanent residency.

[___Content overview]

1. What is EB-5?
2. Core Benefits of EB-5
3. Application and Investment Requirements
4. Targeted Employment Areas (TEA) and Regional Centers
5. Proof of legitimacy of the source of funds
6. Application Process and Timeline
7. Frequently Asked Questions

I. What is EB-5?

EB-5 is the fifth preference category for U.S. professional immigrants and requires investors to meet the following conditions:

• Amount invested:
• Standard investments:US$ 1.05 million
• Targeted Employment Area (TEA):$800,000 (high unemployment or rural areas)
• Job creation:At least 10 full-time positions (U.S. citizens/green card holders)
• Nature of investment:Must be venture capital (no principal return guarantee)
• Business entities:For-profit businesses (not charities)

Two types of investments:

• direct investment: Self-employment or acquisition of businesses
• Regional center investments: Participation in large-scale projects through government-accredited organizations (counts as indirect employment)

II. Five Advantages of EB-5

1. Green card for the whole family

• Simultaneous approval for principal applicant, spouse and children under 21 years of age
• No employer or relative sponsorship requirements

2. No academic, language or age restrictions

• Requires only proof of the lawfulness of the source of the investment funds

3. Freedom to settle and work

• May reside in any U.S. state and work in any legal job

4. Fast track to a green card

• Applicants from currently non-exclusionary countries (e.g. mainland China) can be approved quickly
• Expedited Processing Reduces I-526 Approval Time

5. Access to naturalization

• Can apply for U.S. citizenship after 5 years on a green card

III. Application and Investment Requirements

Investment Requirements:

• direct investment:: $1.05 million/$800,000 (counting only jobs directly employed by businesses)
• Regional Center Investments:1.05 million/$800,000 (can count indirect employment, e.g., supply chain, neighboring industry jobs)

Other core conditions::

• Legal source of funds: tax returns, bank flows, property certificates, etc. are required.
• Participation in management: actual participation in corporate decision-making (e.g., shareholder voting rights) needs to be demonstrated.
• Risky: Investments are subject to commercial risk and may not be subject to capital preservation agreements

IV. Targeted Employment Areas (TEA) and Regional Centers

Targeted Employment Area (TEA)

Definition:

• Regions with unemployment rates up to the national average of 150%, or
• Rural areas that are not metropolitan areas and have a population of less than 20,000 people

dominance: Investment threshold rises to $800,000

Regional Center

Features:

• Government Certified EB-5 Program Aggregation Platform
• Allow indirect employment calculations to reduce investment risk

Common Project Types: Hotels, infrastructure, commercial real estate

V. Proof of legitimacy of funding sources

Acceptable sources of funding:

• Salary income (tax return and bank statement required)
• Sale of real estate (transaction contract and proof of fund flow are required)
• Corporate dividends (requires company financial report and shareholders' resolution)
• Gift or inheritance (proof of source of funds from the donor is required)
• Mortgage (loan contract and collateral valuation required)

Key Documents:

• Individual income tax records for the past 5 years
• Proof of property ownership (e.g., real estate license, equity certificate)
• Bank statements of the path of funds flow

VI. Application Process and Timeline

Step 1: Selection of investment options (3-6 months)

• Assessing the feasibility of direct investment or regional center projects

Step 2: Funding and I-526 Petition (18-24 months)

• Transfer of funds to project or escrow accounts
• Submit I-526 petition (with business plan, proof of source of funds, etc.)

Step 3: Conditional green card phase (2 years)

• Conditional Green Card through Consular Processing or Adjustment of Status after I-526 Approval

Step 4: I-829 Permanent Green Card Application (2.5 years)

• Demonstrate sustained investment and creation of 10 jobs

Step 5: Naturalization (optional)

• Apply for citizenship after 5 years of holding a green card

VII. Frequently asked questions

Q: What if my child is overage (Aging Out)?

The age of the child is calculated based on the visa availability date minus the I-526 approval time, and it is recommended to apply as early as possible.

Q: Will a failed investment affect my green card?

As long as the requirements are met at the time of investment and sufficient jobs are created, subsequent problems with the operation of the business usually do not affect the green card.

Q: How do E-2 visa holders convert to EB-5?

Existing businesses can be used as EB-5 projects, and the money already invested and jobs created may be recognized