EB5 Investers

What is EB5?

The EB-5 Immigrant Investor Program is a United States visa program created by the Immigration Act of 1990. It provides a pathway for foreign nationals to obtain a U.S. green card (permanent residency) by investing in a commercial enterprise in the United States that creates or preserves at least 10 full-time jobs for qualified U.S. workers.

There are two primary investment options under the EB-5 program:

• Direct investment: The foreign national can invest in a new or existing business, either by creating a new enterprise or by expanding an existing one. The required minimum investment is $1.8 million, or $900,000 if the business is located in a Targeted Employment Area (TEA) – an area with high unemployment or a rural area.
• Regional Center investment: The foreign national can invest in a project affiliated with a designated EB-5 Regional Center, which are organizations approved by the U.S. Citizenship and Immigration Services (USCIS) to facilitate EB-5 investments. These projects often pool investments from multiple investors, and the job creation requirement can be met through indirect and induced jobs, in addition to direct jobs. The minimum investment amount is typically $900,000, regardless of the location.

Once the investment is made and the I-526 petition (Immigrant Petition by Alien Investor) is approved, the foreign national and their immediate family (spouse and unmarried children under 21) are granted a conditional green card, which is valid for two years. Before the end of the two-year period, the investor must file an I-829 petition (Petition by Investor to Remove Conditions on Permanent Resident Status) to demonstrate that the investment has met the job creation requirements and other criteria. If the I-829 petition is approved, the conditions are removed, and the investor and their family members receive permanent resident status in the United States.

EB5-Investers – How to Apply?

Applying for the EB-5 Immigrant Investor Program involves several steps. Here’s a general overview of the process:

1. Choose an investment project: Decide whether to make a direct investment in a new or existing business or invest in a project affiliated with a designated EB-5 Regional Center.
2. Conduct due diligence: Thoroughly research the investment opportunity and consult with professionals such as immigration attorneys, financial advisors, and business consultants to ensure the project meets EB-5 requirements and is suitable for your financial goals.
3. Make the investment: Invest the required minimum amount ($1.8 million for non-TEA projects or $900,000 for TEA projects) in the chosen enterprise.
4. Prepare and file Form I-526: With the help of an immigration attorney, prepare and submit Form I-526 (Immigrant Petition by Alien Investor) to the United States Citizenship and Immigration Services (USCIS). This form provides information about your investment, demonstrates the lawful source of your investment funds, and shows that your investment meets the job creation requirements.
5. Wait for I-526 approval: USCIS reviews your I-526 petition, which can take several months to over a year, depending on the case and processing times.
6. Apply for a conditional green card: After your I-526 petition is approved, you can apply for a conditional green card:
   • If you’re already in the U.S. on a non-immigrant visa, file Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS.
   • If you’re outside the U.S., you’ll go through consular processing at the U.S. embassy or consulate in your home country. You’ll file Form DS-260 (Immigrant Visa Application) and attend an interview.
7. Obtain a conditional green card: Once your application is approved, you and your immediate family members (spouse and unmarried children under 21) will receive a conditional green card, valid for two years.
8. File Form I-829: Within the 90-day period before your conditional green card expires, you must submit Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) to USCIS. This petition demonstrates that your investment has met the job creation requirements and other EB-5 criteria.
9. Obtain a permanent green card: If your I-829 petition is approved, the conditions on your green card will be removed, and you and your family members will receive permanent resident status in the United States.

Please note that the application process can be complex and may vary depending on individual circumstances. It is highly recommended to consult with an experienced immigration attorney to guide you through the process and ensure that all requirements are met.

How to Create an EB-5 Business Plan

Creating a comprehensive EB-5 business plan is crucial for the success of your EB-5 application. While I cannot provide a complete business plan here, I can outline the key components that should be included in your plan to meet the requirements of the EB-5 program.

1. Executive Summary: This section should provide a high-level overview of your business, including the company’s name, location, structure, mission statement, and investment objectives.
2. Business Description: Describe the nature of the business, the industry it operates in, and the products or services it offers. Explain the need for your business in the market and highlight any competitive advantages.
3. Market Analysis: Conduct thorough research on the industry, target market, and competitors. Analyze the market size, trends, growth potential, and any opportunities or threats. Identify your target customers and explain how your business will address their needs.
4. Marketing and Sales Strategy: Detail your marketing plan, including advertising, public relations, online presence, and any other promotional efforts. Outline your sales strategy and channels for reaching your target customers.
5. Operations and Management: Describe the day-to-day operations of your business, including facilities, equipment, technology, and inventory. Provide an organizational chart and detail the roles and responsibilities of key management personnel.
6. Job Creation: This is a critical component of the EB-5 business plan. Clearly outline how your business will create at least 10 full-time jobs for qualified U.S. workers. Include a detailed hiring timeline and job descriptions for each position.
7. Financial Projections: Provide a comprehensive financial analysis, including a capitalization table, profit and loss statement, cash flow statement, and balance sheet for at least five years. Your financial projections should demonstrate that your business is viable and will generate sufficient revenue to sustain operations and create the required number of jobs.
8. Source and Use of Funds: Clearly explain the source of your EB-5 investment funds, ensuring they are from a lawful source. Provide a detailed breakdown of how the investment will be used, including start-up costs, ongoing operational expenses, and job creation efforts.
9. Exit Strategy: Describe the options for investors to exit the investment, such as selling the business, merging with another company, or pursuing an initial public offering (IPO).

Keep in mind that this is only a general outline, and your specific business plan may require additional information or sections based on your industry and project. Consulting with an experienced immigration attorney and a business consultant is highly recommended to ensure your EB-5 business plan meets all the necessary requirements.