EB-5 Investment Immigration Act is an immigration visa category established by the U.S. Immigration Act for overseas investment immigrants, referred to as "EB-5". Foreign citizens obtain green card and become legal permanent residents of the United States by investing in American companies and creating jobs for local governments.
Since 1990, the EB5 Act has undergone three modifications:
A: Born in 1990; investing in immigration for 1 million US dollars;
B: Reform in 1993; became 500,000 US dollars, and created 10 jobs within the TEA;
C: Reform in 2022; became 800,000 US dollars, and created 10 jobs within the TEA.
On March 15, 2022, US President Biden signed and approved the new EB-5 investment immigration bill, which means that EB5 is officially restarted!
EB-5 Investment Act has been launched recently
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On March 11, 2022, the Senate and the House of Representatives passed a budget that contains the "EB-5 Reform and Integrty Act of 2022" (i.e. the 2022 EB-5 Reform and Integrty Act), and the new EB-5 bill was successfully taken.
EB5 Investment Immigration Application Conditions
applicants have no business background, no language, no education, no business background and other requirements. children with accompanying shall not exceed 21 years old .
1. Investment amount: The investment amount of TEA (target employment area) or infrastructure projects is US$800,000, and the investment amount of for non-TEA projects is US$1.05 million. There must be commercial risks.
TEA definition is as follows:
· Rural area: refers to an area that is not in the metropolitan statistical area (MSA), or the area where the permanent population is less than 20,000 according to the recent U.S. census data;
· Urban high unemployment area: The unemployment rate in this area is 1.5 times the average unemployment rate of the U.S. national average unemployment rate.
2. Visa reservation: visa quota has 3,200 reserved each year, of which
2,000 visas are reserved for rural areas (rural);
1,000 reserved for high-unemploymentarea;
200 reserved for infrastructure projects.
* If the reserved quota for the year has not been used, the unused quota will continue to be transferred to the same category of visa reservation for the second year to continue to be used.
3. Requirements for the legal source of investment funds:
The legal source can be: real estate mortgage, salary income, gifts or inheritance of relatives and friends, real estate sales, stock securities transactions, contracting company retains, company legal dividend , etc.
4, "Grandfather Terms": will be included in this EB-5 Regional Center Plan Act. Investors in regional center plan submitted their applications before September 30, 2026 can still continue to obtain approval and visas from the Immigration Bureau, and do not need to be linked to whether the EB-5 Regional Center Plan will renew after the EB-5 Regional Center Plan.
5. Employment creation: employment is proved based on reasonable recognition methods, and directly or indirectly create no less than 10 full-time employment (including green card holders, US citizens, American working card holders, etc., but not including the applicant).
6. Schedule: According to the current position of the Immigration Bureau, visa reservation projects will be taken into separate application channels. and the old EB5 application channels are completely isolated
When the new policy was first implemented, the first applicants within the visa quota will not have any scheduled according to the policy .
If the number of projects that meet the visa reservation policy increases sharply, the number of applicants required is much higher than the above 3,200 visa quotas, and the number of applicants also increases accordingly, the scheduling will occur. The length of the scheduling depends on the subsequent development of the above two situations.
In reality, it is expected that applicants within one year will not have scheduled or short scheduled schedules, so you should apply for this project as soon as possible.
7. Submit: EB5 New Policy In the absence of schedule, can submit I-526, I-485 and Combo card application at the same time. This not only greatly shortens the waiting time for immigration applications , but also allows applicants' families to work, live and study in the United States during the EB5 application .
EB-5 The process of the investment bill
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Step 1: Form a report on the source of funds;
Step 2: Complete investment remittance according to the direction of the source of funds;
Step 3: Submit an application to the Immigration Bureau;
Step 4; The Immigration Bureau reply letter to determine the priority date;
Step 5: Approval by the Immigration Bureau (6~12 months) and pass the I526E form;
Step 6: Wait for the face-to-face signing notice;
Step 7: Guangzhou Consulate signs in person, gets a temporary green card, and holds it for 24 months;
Step 8: In the 21st month, submit I829, apply for a permanent green card, and return the investment;
Step 9: I829 passes and obtains a permanent green card.
