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Wykrota Law Firm

Immigrant Investor Program for EB-5 Visa


The EB-5 visa is a United States immigration program that allows foreign investors to obtain a permanent resident visa (Green Card) by making a substantial investment in a commercial project in the U.S. Here are some key points about the EB-5 visa:

 

• Minimum Investment: EB-5 visa applicants must make a significant investment in a new commercial enterprise in the U.S. The minimum investment amount varies depending on the project's location, generally higher in less favored employment areas.

 

• Job Creation: In addition to the investment, applicants must demonstrate that the project will result in the creation of at least 10 full-time jobs for U.S. workers. This can be achieved either directly by the project or indirectly through economic impacts.

 

• Regional Centers: Investing through government-approved Regional Centers in the U.S. These centers facilitate the process as they often handle the creation of indirect jobs and offer a streamlined way to meet program requirements.

 

• Application Process: The process to obtain an EB-5 visa involves multiple steps, including filing an I-526 petition for conditional approval, obtaining the immigrant visa after approval, and finally removing the conditions of the Green Card after two years.

 

• Initial Conditions: The Green Card obtained through EB-5 is initially granted conditionally for two years. After this period, investors must file an I-829 petition to remove the conditions and obtain a permanent Green Card.

 

• Eligibility: The EB-5 program is open to foreign investors who meet financial requirements and are willing to make the required investment.

 

Additionally, immigration policies may be subject to change, so it is crucial to verify the most up-to-date information with the United States Citizenship and Immigration Services (USCIS) or other reliable sources.

 

Based on the criteria established by the EB-5 program reform, companies currently conducting projects in rural areas have experienced notable support. This trend is especially relevant for the Chinese EB-5 investor community, who, being the majority in this program, face significant delays due to nationality quotas in visa allocation. The EB-5 program now expressly allocates 20% of all visas to rural projects, providing them with "priority" processing within the immigration process. It is anticipated that this initiative will encourage considerable interest from Chinese investors, thus alleviating delays associated with nationality restrictions in EB-5 visa issuance.

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