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EB-5 Investment Visa Benefits

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Learn more about EB-5 Investment Visa

What is an EB-5 Visa?

Employment-Based Fifth Category Visa or EB5 Visa was introduced by the United States Congress in 1990……….

EB-5 Visa Requirements

The EB-5 Program, also known as the Immigrant Investor Program, is a U.S. immigration……….

EB-5 Visa Process

The EB-5 visa process is a multistage process. Based on the terms and conditions of the EB-5 Reform………..

EB-5 Visa Journey

EB-5 Journey with Mobylyz Advisors The EB-5 project that is featured……..

EB-5 Application process

  • The EB-5 Program is a permanent residency program administered by the United States Citizenship and Immigration Services (USCIS). This program is known as EB-5 for the «employment-based fifth preference» visa, which grants permanent residency (commonly referred to as a green card). Its primary purpose is to stimulate the U.S. economy by encouraging foreign capital investment in commercial enterprises that create or preserve U.S. jobs. Under the EB-5 Program, each investor is required to demonstrate that at least ten (10) permanent full-time jobs were created or preserved as a result of the EB-5 investment, with a minimum investment of $1,050,000, or $800,000 if the funds are invested in certain high-unemployment or rural areas.

    In 1992, Congress enhanced the economic impact of the EB-5 Program by permitting the designation of regional centers to pool EB-5 capital from multiple foreign investors for investment in economic development projects approved by USCIS within a defined geographic region. This measure has been tremendously successful, and today, approximately 95% of all EB-5 capital is raised and invested by regional centers.

    Through the EB-5 Program, foreign investors and their eligible family members are offered the possibility of lawful permanent residence in the United States. The EB-5 visa provides a direct and predictable path to achieving U.S. permanent residence (green card) and, in the future, U.S.

  • The basic eligibility requirements for the EB-5 visa include:

    • Investment Amount: Invest at least $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA.
    • Job Creation: The investment must create or preserve at least 10 permanent full-time jobs for qualifying U.S. workers within time limits defined by the USCIS.
    • At-Risk Investment: The invested capital must be «at-risk» for the purpose of generating a return on the capital. There is no guaranteed financial return.
    • Lawful Source and Path of Funds: Prove that the investment funds come from, and through, a legal and traceable source and path, such as income, sale of property, inheritance, or a gift.
    • Conditional Permanent Residency: Initially, investors and their families receive conditional green cards, which will then be converted into permanent green cards when the investment and job creation requirements are met.

    Meeting these criteria is essential to qualify for the EB-5 Program. Investors are encouraged to discuss with their immigration attorney to ensure EB-5 visa eligibility.

  • To qualify for an EB-5 Visa, a foreign investor needs to invest at least $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA. Whether a census tract qualifies as a TEA, rural, or non-TEA is determined by statistical data issued by the relevant state departments and, ultimately, approved by the USCIS in I-956F and/or I-526E adjudication.
  • A Targeted Employment Area (TEA) can be, at the time of investment, either:

    • A rural area; or
    • An area that has experienced high unemployment (defined as at least 150% of the national average unemployment rate).

    A rural area is any area other than an area within a metropolitan statistical area (MSA) (as designated by the Office of Management and Budget) or within the outer boundary of any city or town having a population of 20,000 or more according to the most recent decennial census of the United States.

    A high-unemployment area consists of the census tract or contiguous census tracts in which the new commercial enterprise is principally doing business, which may include any or all directly adjacent census tracts, if the weighted average unemployment for the specified area, based on the labor force employment measure for each tract, is 150% of the national unemployment average.

    Also, a regional center investor may choose to invest in a new commercial enterprise engaged in an infrastructure project. An infrastructure project is a capital investment project in a filed or approved business plan, which is administered by a governmental entity (such as a Federal, State, or local agency or authority) that is the job-creating entity contracting with a regional center or new commercial enterprise to receive capital investment under the EB-5 Program from foreign investors or the new commercial enterprise as financing for maintaining, improving, or constructing a public works project of these set-aside visas that go unused are held in the same set-aside category for one more fiscal year. After the second fiscal year, any remaining unused immigrant visas in these set-aside categories are released to the unreserved EB-5 visa numbers during the third fiscal year.

    The majority of EB-5 investments are directed towards Targeted Employment Areas (TEAs), which encompass rural or high-unemployment communities that welcome new capital investment intended to strengthen the economic viability and vitality of that community and region.

    Projects that fall outside of the areas or project types mentioned above are deemed as non-TEA projects and will be subject to $1,050,000 minimum investment level.

  • Currently, Golden Gate Global’s administrative fees range from $65,000 to $70,000, depending on the offering. The amount, purpose, and use of the administrative fee are disclosed in the offering documents, and includes the following purposes:

    • Regional Center compliance and processing fees
    • Fund preparation and operational costs (legal, accounting, administration, etc.)
    • Fund administration setup
    • Marketing and promotional costs
    • Investor Know Your Client (KYC) compliance and due diligence
    • IRS, SEC, and USCIS compliance
    • Recordkeeping and reporting
  • As of January 2024, the applicable fees are as follows. Please note that there are potential increases to the filing fees as announced by USCIS on or around January 31, 2024, to be effectuated on April 1, 2024. Accordingly, please refer to the USCIS website for the most recent fee schedule.

    • Immigration attorney fees
    • USCIS filing fee for the I-526E: $3,675*
    • Certified translation services fee
    • USCIS filing fee for the I-829: $3,750*

    * After the I-526E petition is approved for the conditional green card, there might be other USCIS fees during the process, depending on the family members involved. As USCIS will adjust filing fees occasionally, please visit www.uscis.gov for the most current fees.