EB-5 Visa – U.S. Green Card for Investors

The EB-5 visa is an ideal option for anyone seeking to obtain a U.S. green card through an investment in the United States.

As with other employment-based immigrant visas, the number of EB-5 green cards is limited. Up to 10,000 immigrant visas can be issued annually for investors; accompanying family members do not influence the quota.

However, applicants should be aware that the EB-5 process is a long-term endeavor. While visa availability is generally current, the processing time for EB-5 petitions is currently approximately 48.5 months.

Businesses qualify as new commercial enterprises if they:

• Were established after November 29, 1990, or
   
• Were established on or before that date but have been purchased and restructured to form a new commercial enterprise, or
   
• Have been expanded through investment resulting in at least a 40% increase in net worth or number of employees.
   

Eligible business entities include corporations, holding companies, and partnerships engaged in lawful, profit-oriented activities.

Investors who prefer not to actively manage a business may invest through a designated regional center. These projects typically involve large-scale developments such as hospitals, hotels, or infrastructure projects.

Many regional center projects are located in economically targeted areas, allowing a reduced investment threshold of USD 800,000. These projects also generate indirect and direct employment.

One limitation of regional center investments is the lack of investor control over business operations. In addition, some regional center programs have faced regulatory and compliance concerns.

Each EB-5 investment must create or preserve at least ten full-time jobs for qualified U.S. workers within two years.

Full-time employment is defined as at least 35 hours per week. Qualified U.S. workers include U.S. citizens, lawful permanent residents, and individuals authorized to work in the United States.

The minimum required investment is:

• USD 1,050,000 generally, or
   
• USD 800,000 if invested in a rural area or an area with high unemployment.
   

Capital may include cash, equipment, inventory, secured loans, and other tangible assets.

There are no specific educational or professional background requirements for EB-5 investors. However, criminal history, even minor violations, may negatively affect eligibility.

If investing in a non-regional center enterprise, the investor must demonstrate involvement in management or policy-making. Additionally, all investment funds must be proven to have been obtained lawfully.

One of the key advantages of the EB-5 visa is that no U.S. employer sponsorship is required. Spouses and unmarried children under 21 are also eligible to receive green cards as derivative beneficiaries.

The EB-5 application process consists of three main steps:

1. Filing Form I-526 along with supporting documentation
    
2. Applying for adjustment of status in the U.S. or immigrant visa processing abroad
    
3. Receiving a conditional green card valid for two years
    

To remove conditions, the investor must file Form I-829 within 90 days before the expiration of the conditional green card.

STL Global provides professional consultation services for investors seeking EB-5 green cards, including guidance on U.S. business formation, compliance considerations, and strategic planning for immigration, corporate, and tax matters.

U.S. corporate and tax laws vary by state and require careful analysis. Each investment requires comprehensive legal and tax review to ensure compliance and long-term success. Our experienced professionals and U.S.-based partners assist clients throughout every stage of the process.

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