An immigrant investor should be prepared to complete all four phases of the eb5 green card process petitioning procedure to become a permanent resident of the United States, together with their spouse and any unmarried children under the age of 21. This applies to the investor’s whole family.
First, choose an EB-5 project that meets the requirements.
The eb5 process applicant is responsible for locating an appropriate project that they believe will meet the programme’s requirements first. This is particularly important if the applicant is interested in the expedited approval or rural premium processing options, which both offer a faster processing time.
When choosing an EB-5 qualifying venture, the investor must consider two desired outcomes: obtaining a Green Card and receiving a return on their initial investment. The first aspect pertains to the probability of receiving immigration advantages, and the second relates to the probability of receiving returns on capital investments in a timely way.
The amount of an EB-5 investment
Applicants for an EB-5 visa needed to invest $1,050,000 or $800,000 if the job creation takes place in a Targeted Employment Area (TEA). This investment must be made in a commercial enterprise located in the United States. TEA classification is given to projects located in either rural areas or areas with significant unemployment rates.
View a map of all of the TEAs here.
The successful completion of EB-5 investment is contingent upon the generation of new jobs. To be eligible for the eb5 visa process programme, investments must create ten full-time employees in the United States.
EB-5 investments made under the Regional Center Program enable indirect and induced employment to be included against the total number of jobs created. Only direct jobs created by the firm receiving the capital investment are counted as part of the permanent direct EB-5 programme processing times that are as short as possible for initiatives of national importance
The United States Citizenship and Immigration Services will fast-track the approval process for EB-5 investments that are regarded to be in the country’s best interest. Because of this, the processing time is reduced to between two and six months. The EB-5 procedure has been completed at the quickest feasible speed. Reserved visas and expedited processing, in conjunction with rural development programmes
Premium processing is provided to investment projects located in rural areas, which also qualify for a set aside of 20% of the total number of EB-5 visas. The attorneys estimate that this procedure will take no more than a year. The reserved space allows investors to get a visa right away. With a regular EB-5 investment, a Chinese investor could have to wait anywhere from ten to fourteen years to acquire a green card. However, with a rural investment, the same investor might be able to move to the United States in as little as one and a half years.
Undertakings that have been deemed exemplary
The United States Citizenship and Immigration Service (USCIS) will defer to previous petitioner approvals in the same project. Therefore, if a project has received investor approvals or the New Commercial Enterprise (NCE) requested an exemplar approval, investors can have much more confidence that their petition will be acceptable to the immigration service. However, this is not a guarantee of approval if there have been “material changes” to the project since those approvals were granted, so investors should still be careful.
EB-5 investment financial return
EB-5 investors desire assurance that their initial investment will be repaid as its whole, if not with a rate of return that is sufficiently profitable. The capital stack and the amount of developer equity, which demonstrates the amount of skin the developer has in the game, are two key elements that assist assess the strength of the eb5 application process. Money obtained under the EB-5 programme should, ideally, occupy the “first place” in the capital stack and be entirely secured by the equity in the enterprise.
Another thing to watch out for is the company’s exit plan, which describes how and when investors will get their money back. The investors want their exit plan to coincide with the day on which they file their I-829, which is the moment their EB-5 investment cash is no longer considered “at risk.” As a result of the fact that the expected date at which they would file their I-829 depends on the amount of time it takes to process their I-526, investors are advised to provide some wiggle room in their schedules.