To gain permanent residency in the United States under the EB-5 immigrant investor category, you must first submit Form I-526 and have it approved by the USCIS. Whether you are establishing a new commercial enterprise, purchasing an existing business, or investing in a regional center, a well-crafted business plan will greatly increase your odds of success.
Although an EB-5 investor is not required to use a USCIS-approved regional center as an investment intermediary, most investors do. Although it is possible to establish your own regional center, most investors use already established third-party regional centers. Investing in a third-party regional center is attractive to investors whose primary purpose in seeking EB-5 status is immigration, not the investment itself.
To immigrate to the United States in EB-5 status, you must invest between $900,000 and $1.8 million (depending on the location of the investment) into a commercial enterprise or designated regional center, that will create or preserve at least 10 full-time jobs “within a reasonable time.” Four types of jobs can be used to satisfy this requirement, depending on the circumstances -- direct jobs, preserved jobs, indirect jobs and induced jobs.
An EB-5 regional center is an organization designated by the US Citizenship and Immigration Services (USCIS) to absorb investments by EB-5 investors seeking permanent residence in the United States through investment. Investing in a regional center is one of two ways that an investor can gain permanent residence in the US through the EB-5 investment program (the other way is through direct investment in a new commercial enterprise).
Form I-526, Petition by Alien Investor, is the form you fill out to begin the process of immigrating to the United States in the EB-5 category based on a qualifying investment into a US commercial enterprise. In addition to Form I-526, you must assemble a complete application package with documentation that proves your eligibility. Following is a list of required and recommended documentation needed to support your application.
The EB-5 investment visa program allows someone who invests a minimum amount of money into a US commercial enterprise or regional center to obtain permanent residence (a “green card”) in the United States. The investment must take one of two forms -- (i) a direct investment into an enterprise and (ii) an indirect investment into an approved regional center. Each of these types of investments has its own requirements as well as its own advantages and drawbacks.
Can a foreign investor purchase permanent residency in the United States? Well, not exactly, but the EB-5 US investment visa program is about as close as you can get to purchasing permanent residence. The EB-5 investors visa USA program offers permanent residence to foreign investors much faster than just about any other pathway, but it does require a substantial qualifying investment in a new or existing commercial enterprise (nonprofits don’t count).
