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EB-5: Employment-Based Immigration - Fifth Preference

 

Overview

  • USCIS administered the Immigrant Investor Program, also known as “EB-5”, created by the Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.
  • Applicants including spouse and unmarried children under 21 will obtain a 2-year conditional green card first.
  • After 2 years, the condition will be removed on their green card if the job creation requirement is met. The applicants and the derivative family members will be allowed to permanently live and work in the United States.

 

Eligibility Requirements

Applicants are eligible to apply for a green card (permanent residence) under the EB-5 program if they:

  • Invest $500,000 USD in a Targeted Employment Area (TEA); or Invest $1,000,000 USD in a General Area.
  • Create and preserve a minimum of 10 permanent full-time jobs within 2 years.
  • meet other the U.S. immigration requirements.

 

Application Process

  1. Sign agreements, prepare supporting documents, and submit an application to USCIS.
  2. USCIS issues an I-526 Application Receipt Notice to the applicants.
  3. USCIS issues an I-526 Application Approval Notice to the applicants.
  4. Acquire an Immigrant Visa from a local Consulate General of the United States, and a “Conditional Green Card” upon landing in the U.S.
  5. Submit an I-829 application to remove the condition on the 21stmonth after landing in the U.S.
  6. After the approval of I-829, the applicants can withdraw from the investment program.

EB5