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EB5 Investment Visa
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EB-5 Investment Visa

by Hamid R. Kashani, Attorney at Law
Nov 07, 2018 (last modified Mar 01, 2020)

New EB-5 Rules will go into effect on November 21, 2019. Among other changes, the new rules increase the required investment to $900,000 or $1,800,000. Furthermore, under the new rules the USCIS, as opposed, will determine whether an area is a targeted employment area (TEA).

The Immigrant Investor Program (also known as “EB-5 program”) allows immigrants to secure permanent residence in the United States by investing $900,000 or $1,800,000, thereby stimulating the U.S. economy through job creation and capital investment.

The EB-5 program creates two pathways for EB-5 visas: (a) Direct Investment Program and (b) Regional Center Pilot Program. Both require a prescribed amount of investment and creation or preservation of at least 10 jobs.

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Under the Direct Investment Program, the investor must invest in a new or existing business and directly employ at least 10 people.  For EB-5 visa applicants, who do not wish to undertake the managerials responsibilities of direct investment, the solution is regional center investment.  Regional centers are much like corporations. They are managed by professional staff.  All the foreign-born investor needs to do is to invest in the regional center.

Note that investments made to secure EB-5 visas, including investments made in regional centers, must be at-risk. That means that you may lose all or part of your investment in the same way that you may lose money in any other business. It is your responsibility to carefully examine and research various business opportunities, secure business information and marketing and sales research data, consult business and financial advisors, and make an informed decision before placing your funds at risk. Note that attorneys are neither qualified nor allowed to provide financial advice. Your attorney’s duty is to represent you in light of your instructions.

EB-5 visa is an immigrant visa (green card). It is different from Investor Trader (E-2) visa, which is a temporary, nonimmigrant visa.


Related Topics:

EB-5 Direct Investment

EB-5 Regional Center Investment

Comparison of Direct v. Regional Center EB-5 Investment

Treaty Traders & Investors (E-1 & E-2 Visas)


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