The immigrant investor, or EB-5 Immigration, program is a highly beneficial permanent residence option for the wealthy individual. For many foreign nationals it is the best option, and for foreign nationals with no family or employment sponsorship in the U.S., it may be the only option for obtaining permanent residence status.
Kansas attorney Abdul Q Arif can help you take the guesswork out of the EB-5 process, he offers step-by-step information on coming to the U.S. with an EB-5 visa—including filing paperwork, getting visas for your family members, and transitioning your visa into a green card.
The EB-5 immigrant investor visa program was created by Congress in 1990 to allow foreign nationals acquire permanent residence or citizenship by investing a substantial amount of money into the United States economy. Over the past two years, the Department of Homeland Security (DHS), the agency overseeing the investment program, has been working behind the scenes to redefine the rules guiding the program.
The final rule was eventually published on July 24, 2019 by the DHS. It is the most significant change to the program since its inception in 1990. An overview of the major aspects of the EB-5 final rule, set to become effective by November 21, 2019, can be seen at a glance below:
The minimum investment amount will be $900,000 for Targeted Employment Area (TEA) projects and $1.8 million for non-TEA projects
Designation of the Targeted Employment Areas will exclusively be done by USCIS rather than the individual states.
The original priority dates will be retained by investors for subsequent EB-5 petitions.
An improved adjudication procedure for the removal of conditions on permanent residence.
As expected, existing and prospective investors are keenly interested in the details of these changes. This article gives you a breakdown of the EB-5 final rule.
EB-5 Minimum Investment Amounts
Since its inception, the minimum investment amount for the EB-5 program has been $500,000 and $1 million for TEA and non-TEA designated investments respectively. However, as of the effective date of this final rule, the new EB-5 investment amount will be $900,000 for TEA and $1.8 million for non-TEA endeavors. Understandably, this is the most significant change to the regulations for foreign investors, which is why the USCIS had to reconsider its earlier proposed amount.
According to the Department of Homeland Security, the final rule would have had the TEA capital be 25% lower than the non-TEA amount, which would have meant $1.35 million for TEA investments. However, considering the review of comments from the public, the agency had to maintain the 50% difference between the two types of EB-5 investments.
- Performing immigration due diligence relating to chosen investment project
- Advising regarding qualification as an EB-5 investor;
- Responding to questions regarding the EB-5 process;
- Obtaining, reviewing, analyzing and presenting information and documentation regarding
the lawful source of funds;
- Obtaining, reviewing, analyzing and presenting information and documentation relating to tracing path of funds to the project;
- Obtaining, reviewing, analyzing and presenting information and documentation about the project;
- Preparation and filing of I-526 petition;
- Preparation and filing of conditional immigrant visa application or application for adjustment of status to conditional permanent resident; and
- Preparation and filing of I-829 condition removal petition