Investment requirements

In the EB-5 program, the investor must invest at least $1,800,000 in the new commercial enterprise. (Or can also make a reduced investment of $900,000 if the investment is located in a "targeted employment area.")

Eligibility under the EB-5 Program

  • The investor must invest in a “new commercial enterprise”
  • The investor must invest at least $1,800,000 in the new commercial enterprise. [He may qualify to make a reduced investment of $900,000 if the investment is located in a “targeted employment area”]
  • The investment must lead to the creation of at least 10 full-time jobs for US workers.
  • The investment funds must be “at risk”
  • The applicant shall engage in the management of the new commercial enterprise.

Comparison of EB-5 Direct option and Regional Center option

Criteria Direct Option Indirect Option/Regional Center Option
No. of jobs to be created
  • In the direct option 10(ten) direct jobs are required to be created.
  • Direct jobs are those jobs that establish an employer- employee relationship between the new commercial enterprise and the persons it employs.
  • 10(ten) jobs are required to be created. These jobs could be direct jobs as well indirect jobs.
  • Indirect jobs are those jobs held outside of the new commercial enterprise but that are created as a result of the new commercial enterprise.
Control over capital The investment capital remains under the control of the EB-5 investor throughout the investment period. The control of the investment lies with the Regional Center.
Approvals for funding In the direct route, the investor is not required to obtain USCIS/SEC permission before looking for investors/partners. Any advertisement/marketing would require prior approval of USCIS and compliance with the SEC guidelines.
Mode of investment Cash Cash and other capital contributions including equipment, inventory, property or other tangible equivalents.
Suitability Direct route is more feasible for existing business owners who want to set up similar businesses in USA or for those who are interested in operating franchisee of famous brands. Regional center route is feasible for investors who do not want to satisfy/mix their business need with the investment.

Family Coverage

The spouse and children under the age of 21, of the main visa applicant also become eligible for
obtaining U.S. Green Card. They qualify to live and work in the U.S. without any restrictions.

Processing time

The present average processing time for the EB-5 petitions as per the government website is around 25 months. However, the investor in projects with Exemplar Approvals may get early approval.The Investor also has to wait for the status of Visa to be current as per their country of birth.

Benefits of EB-5 visa:

EB-5 is one of the most predictable methods to obtain U.S. Green Card for the investor and his dependents.

It gives the investor and his family freedom to live and work in the U.S. without any restrictions.

The applicant does not need an employer sponsorship and is also not required to possess any special skills or knowledge.

The investor can provide his children with world class education and additionally save a generous amount towards such education fee.

EB-5 investor visa eventually secures path to U.S. citizenship for the investor and his family.

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