Investment Amounts and Job Creation Requirements for EB-5

1. What is the minimum investment amount required for the EB-5 program?


The minimum investment amount required for the EB-5 program is $900,000 USD.

2. How does the investment amount vary by location?


The amount of investment varies from location to location depending on the opportunities available in each region. For example, some locations may be more attractive to investors because of their proximity to major business centers or high-growth industries, or because they offer lower labor and tax costs. Other locations may have a higher demand for certain types of investments, such as technology or renewable energy projects. Ultimately, the amount of investment in any location is determined by the particular opportunities and needs of investors.

3. What are the job creation requirements for the EB-5 program?


The EB-5 program requires that foreign investors create or preserve at least 10 permanent full-time jobs for qualified U.S. workers. The jobs must be within two years of the immigrant investor’s admission into the United States as a Conditional Permanent Resident and must be maintained for a minimum of two years. The job creation must occur within a “targeted employment area” which is defined as either a rural area or an area of high unemployment.

4. Are there any exceptions to the job creation requirements?


Yes, there are some exceptions to the job creation requirements. These include:

1. Certain specialized jobs related to the employer’s core business operations that are necessary for the success of the company.

2. Certain jobs that qualify as “exempt” from the job creation requirements, such as those that require special skills or knowledge, require minimum capital investments, or involve significant research and development activities.

3. Companies that have obtained a waiver from the job creation requirements from their local government.

4. Companies with fewer than 20 employees at the time of the application submission.

5. How long does it typically take to receive an EB-5 green card?


It typically takes between 18 and 24 months to receive an EB-5 green card. The time frame depends on the processing times at the USCIS and the embassy or consulate.

6. What is the difference between a “targeted employment area” and a “regional center”?


A targeted employment area is an area of high unemployment or rural area that has been designated to receive certain benefits under the EB-5 visa program. A regional center is an organization approved by the U.S. Citizenship and Immigration Services, which focuses on a particular geographic region and is responsible for promoting economic growth through investments in that particular region. Regional centers are responsible for identifying and managing investments, providing job creation reports, and demonstrating that those investments have had a positive economic impact.

7. How do I know if my business qualifies as a “new commercial enterprise”?


The USCIS defines a new commercial enterprise as a “for-profit activity formed in the United States after November 29, 1990, that is engaged in lawful commerce in the United States, has generated lawful U.S. source income, and has 10 or more full-time employees”. Additionally, the enterprise must be established for the purpose of making a profit and have been established with lawfully obtained capital. The investor must also show that they have invested or are actively in the process of investing the required amount of capital into the enterprise. Additionally, the enterprise must create sufficient job opportunities for U.S. citizens or immigrants authorized to work in the U.S., as well as other qualifying immigrants. To be sure if your business qualifies as a “new commercial enterprise”, you should consult with an immigration lawyer or accredited representative for more information about your specific situation.

8. Can I invest in a business that has already been established?


Yes, you can invest in an established business. Established businesses often look for investments to expand their operations or to replace existing debt with equity. It is important to do thorough research on the company before investing in it.

9. If I invest in an existing business, what are the job creation requirements?


The specific requirements for job creation when investing in an existing business will vary dramatically depending on the type of business, the amount of investment, the country where the business is located, and the applicable regulations. It is important to do your research and contact the relevant government agencies to confirm any applicable job creation requirements.

10. Does the EB-5 program allow me to invest in real estate projects?


Yes, the EB-5 program allows investors to invest in real estate projects. To qualify for the EB-5 program, the project must create at least 10 full-time jobs for U.S. workers and have an investment of at least $500,000.

11. What are the risk factors associated with investing in real estate through the EB-5 program?


Risks associated with investing in real estate through the EB-5 program include:

– Market risk: fluctuation of the real estate market, including rental rates and property values.

– Project-related risk: delays in construction, failure to meet projected returns, and other project-related risks.

– Regulatory risk: changes in immigration laws and regulations related to the EB-5 program, which could result in delays or refusal of visa issuance.

– Financial risk: financial risks associated with the structure of the investment, including potential losses due to mismanagement.

– Litigation risk: potential lawsuits from investors, lenders and other parties involved in the project.

12. Are there any restrictions on where I can invest my funds through the EB-5 program?


In the EB-5 program, investors are required to place their capital into a designated Regional Center approved by USCIS, and invest in an EB-5 project located within the geographic area of that Regional Center. The investor must also be actively involved in the management of the new commercial enterprise.

13. What type of documentation do I need to provide to demonstrate job creation?


The specific type of documentation needed to demonstrate job creation will depend on the context of the situation. Generally, this could include documents such as employment contracts, pay stubs, or tax forms.

14. Are there any fees associated with applying for an EB-5 green card?


Yes, there are various fees associated with applying for an EB-5 green card. These include filing fees, processing fees, and attorney fees. The filing fee for the I-526 immigrant petition is $1,500 per applicant. The USCIS also assesses a $1,225 fee for the I-485 application for adjustment of status, as well as a $220 biometrics fee. The USCIS also charges additional fees for certain types of applications or services. Additionally, an experienced immigration attorney may charge additional fees for their services.

15. Is there a timeline for when I must create the jobs required for my investment?


It depends on your situation, but typically it is recommended that businesses create the jobs within two years of receiving the investment.

16. Is there a maximum number of investors that can apply for an EB-5 green card under a single project?


No, there is no maximum number of investors that can apply for an EB-5 green card under a single project. However, the total number of green cards that can be issued for the project is limited to 10,000 per year.

17. Are there any restrictions on how I can spend my investment funds?


Yes, the use of funds is typically restricted to activities listed in the Private Placement Memorandum (PPM). Commonly restricted activities include investing in other companies or organisations, repaying debt, distributing dividends, and making charitable donations.

18. What happens if I don’t create the required number of jobs within the timeline set by USCIS?


If you do not create the required number of jobs within the timeline set by USCIS, then your EB-5 petition may be denied. Additionally, investors may be subject to removal proceedings if they fail to meet the job creation requirements.

19. Are there any tax implications associated with my EB-5 investment?


Yes, there are certain tax implications associated with EB-5 investments. Depending on the type of investment, the investor may be subject to U.S. federal income tax, U.S. state and/or local income tax, foreign withholding tax on dividends paid from the EB-5 investment, and possibly U.S. estate tax upon death. Additionally, there may be foreign tax treaties that must be taken into consideration when calculating taxes due on income earned from a foreign source.

20. How often do I need to report my progress to USCIS?


When filing for a Green Card, it is not necessary to report your progress to USCIS. However, if you have applied for any funding or other aid from the government, you may need to report your progress periodically. Additionally, if you experience any changes in your employment, income or address, it is important to update USCIS of your new information as soon as possible.