The EB-5 program is an immigration program in the United States that provides a pathway to lawful permanent residency, also known as a green card, for foreign investors who make a significant investment in a new commercial enterprise that creates jobs in the United States.
1. Investment Requirement: To qualify for the EB-5 program, an investor must make a minimum investment in a new commercial enterprise in the United States. The minimum investment amount varies depending on whether the investment is made in a targeted employment area (TEA) or a non-TEA. As of my last update, the minimum investment is $1.8 million for non-TEAs and $900,000 for TEAs, which are areas with high unemployment rates or rural areas.
2. Job Creation: The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the United States as a Conditional Permanent Resident.
3. Conditional Permanent Residency: Once the investment is made and all other requirements are met, the investor and their immediate family members (spouse and unmarried children under 21) can apply for conditional permanent residency in the United States. This allows them to live, work, and study in the country.
4. Removal of Conditions: After two years of conditional permanent residency, the investor must file a petition to remove the conditions on their permanent residency. This involves demonstrating that the investment was sustained and that the required jobs were created.
5. Permanent Residency: If the conditions are successfully removed, the investor and their family members become unconditional permanent residents of the United States, with all the rights and privileges that come with it.
6. Path to Citizenship: After holding permanent residency for a certain period of time, typically five years, investors may be eligible to apply for U.S. citizenship if they meet certain requirements, such as maintaining continuous residence and physical presence in the United States.
The EB-5 program is designed to attract foreign investment to stimulate job creation and economic growth in the United States. It's important to note that the program has specific requirements and regulations that investors must meet, and navigating the process can be complex, often requiring the assistance of immigration attorneys and financial advisors. Additionally, the program periodically undergoes changes and updates, so it's essential for prospective investors to stay informed about the latest requirements and developments.
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