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What is the EB-5 Immigrant Investor Program?

The US Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation by attracting investments from qualified foreign investors. In return, the EB-5 Program provides a direct path to US Permanent Residency and US Citizenship for qualified foreign investors, their spouses, and unmarried children under 21  upon approval of their I-526E Immigrant Investor Petition.

Over the years, the EB-5 Program has become very popular as it is a straightforward path to obtaining permanent U.S. Green Cards. Since 2000, more than 117,000 EB-5 investors from across the world have become U.S. residents through the EB-5 program.

Under the EB-5 Program, each investor is required to invest a minimum of $1,050,000 USD, or a reduced amount of $800,000 USD when investing in high-unemployment or rural targeted employmet areas (TEAs). Additionally, they must prove that their EB-5 investment has either created or preserved a minimum of 10 full-time American jobs.

The EB-5 Visa was originally conceived for individual entrepreneurs that would fund and manage their own businesses. Under the original program, investors would only be able to claim job creation for direct employees on their payroll.

In 1992, Congress boosted the economic impact of the EB-5 program by authorizing the creation of Regional Centers to pool EB-5 capital from multiple foreign investors to fund projects with substantial job-creation impact on regional economies. Regional Center investors benefit greatly as they can claim not only direct jobs, but also indirect and induced jobs from capital expenditures on construction activities and project revenues. In this way, Regional Centers reduce the challenges of the required employment creation and provide a safer path with regards to the immigration path.

As part of the Consolidated Appropriations Act, 2022 (Public Law 117-103), President Biden enacted the EB-5 Reform and Integrity Act (RIA) on March 15, 2022 to improve the transparency and efficiency of the EB-5 Regional Center Program and extended it through September 30, 2027.

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