UNITED STATES OF AMERICA
– EB5 -



IMMIGRANT INVESTOR PROGRAM 

USA EB-5

Established by the USA government in 1990, the EB-5 visa stands for Employment Based Visa, Preference 5 and is found in Section 203 (b) (5) of the Immigration & Nationality Act (INA). EB-5 allows immigrants seeking to enter the U.S. to engage in a commercial enterprise that will benefit the U.S. economy by substantial investment and creation of jobs for U.S. workers.
Applicants can choose to create a new enterprise or invest in a pre-approved Regional Centre. Issued with a Green Card it provides Permanent Residency for the applicant, his or her spouse and any dependents under the age of 21.

Program Benefits

The EB-5 program offers a number of benefits:

→ No language skills required;
→ No minimum education required;
→ No business or management experience required;
→ Investment capital can come from a gift, inheritance, business ownership or any other lawful activities;
→ Applicants do not have to live in the area of their investment;
Live, work and study anywhere in the US and benefit from lower tuition fees; Inclusion of dependent children below the age of 21.

What are the steps

There are 2 investment options within the EB-5 program:

1. Creation of a new US enterprise

To be eligible an applicant must meet the following criteria:

→ Make an investment of US$ 1,000,000 in a new commercial enterprise, or US$ 500,000, if in a “targeted commercial area”, which includes rural areas or areas with unemployment of at least 150% of the national average;
→ Create full time employment for at least 10 qualified US workers, who must be direct employees of the commercial enterprise;
Actively manage the enterprise, through day to day management or policy formulation.

2. Invest in a Regional Centre

Regional centers are investment opportunities that have been pre- approved by the USCIS. To be eligible an applicant must meet the following criteria:

→ Make an investment of US$ 500,000;
→ The enterprise must create full time employment for at least 10 qualified US workers, where indirect employment is permitted;
→ Active management of the enterprise is not required.

Requirements

An eligible applicant must meet each of the following requirements:

→ Be at least 21 years of age;
→ Demonstrate legal source of assets and funds;
→ Chose from one of the available investment options.

Become a citizen

If you are a non-conditional Green Card holder for at least 5 years, you must meet the following requirements, in order to apply for naturalization:

→ Be 18 or older;
→ Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence for at least 3 months prior the application;
→ Have continuous residence in the United States as a Green Card holder for at least 5 years immediately preceding the application;
→ Be physically present in the United States for at least 30 months out of the 5 years (60 months) immediately preceding the application;
→ Reside continuously within the United States from the date of application for naturalization up to the time of naturalization;
→ Be able to read, write and speak English and have knowledge and an understanding of U.S. history and government (civics);
→ Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law.

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Procedures and Timeline


The application process is summarized below. Each step is dependent on the successful completion of the previous one.

The below given timeline is an estimate based on our experience with previous clients and is provided for information purposes only. Any changes that may occur, which may or may not affect an applicant’s processing, will not be the responsibility of Can-Quest Management Consultants. Governments can experience large volumes of applications, local authorities can modify required documents and/or processing delays, are some of the factors that may affect timings. Processing times will vary depending on where the application has been filed. For the latest up-to-date information, please refer to our website.

MONTH 1

Step 1a – Applicant selects an investment option and starts application preparation. Advisory and Legal fees are applicable at this stage.

Step 1b – OFAC (Office of Foreign Asset Control) license may be required for some nationalities.

Step 2 – Applicant transfers investment and Regional Centre fee into a nominated escrow account.

MONTH 2

Step 3 – Immigrant Petition by an Alien Entrepreneur application is lodged (I-526) with USA National Visa Centre (NVC).

MONTH 4-6

Step 4 – Immigrant Petition is approved by US authorities.

Step 5 – Visa application (DS-230) is lodged with local US consular mission or embassy. Applicant and family may be subject to biometric tests.

Step 6 – Medical and health screening.

MONTH 2-5

Step 7 – An interview may be requested and conducted with the applicant. All original documents should be available;

Step 8 – Visa is approved and stamped in applicant’s passport. Conditional EB-5 is issued. Applicant and family must enter the US within 180 days.

To remove the Green Card conditions, an application (I-829) must be submitted.

Unconditional Green Card is issued and applicant and family can begin their pathway to citizenship.

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