• The EB-5 programme requires that the investor make an "at-risk" investment, which means that there must be a risk of loss as well as a possibility of gain. Given the legal requirement that EB-5 investments be truly "at-risk," we attempt to structure and go to great lengths in our EB-5 offerings while maintaining the at-risk requirement. Prospective EB-5 investors should be extremely wary of any regional centre or projects that claims the individual investor's EB-5 investment is guaranteed, as this is illegal and will result in the petitioner's immigration petition being denied.

An H1-B visa holder can apply for an EB-5 visa while still working in the United States. When the H-1B visa holder is legally working in the United States and the I-526/I-526E petition is approved, an I-485 petition can be filed to change the applicant's status to conditional permanent resident. Other Visa categories, such as an F-1 student who decides to pursue EB-5 after being granted F-1 status, may have the same potential. We always recommend finding an experienced immigration attorney to advise you in your specific circumstances, but the programme does attempt to include the majority of them.

Why choose EB5 over H-1B visa?

Eligible Individuals with a lawful amount of liquid funds can apply for the EB-5 Investor Program visa. An investor needs to invest $800,000 in a new commercial project in the US program. A foreign investor can apply in this category along with his spouse and unmarried children below 21 years of age.

The EB-5 Program allocates 10,000 visas per year for immigrants and their families whose qualifying investments result in the creation or preservation of at least ten full-time jobs for U.S. workers.

A for-profit enterprise for managing a lawful business in the US can be called an eligible new commercial enterprise for the purpose of EB-5 investment. These can include a sole proprietorship, a limited or general partnership, ownership of a company and its subsidiaries, a joint venture, corporation, business trust, limited liability company or other entity – owned publicly or privately.

The qualified immigrants who invest in specific areas have a certain percentage of set-aside EB-5 visas: Rural area investors have 20%, High unemployment area has 10% and infrastructure project investors get 2% set-aside visas each fiscal year.

The invested amount should be in a commercial enterprise that creates at least 10 full time permanent jobs for qualifying American employees.

Jobs that are intermittent, temporary, seasonal, or transient do not qualify as permanent full-time jobs. However, jobs that are expected to last at least two years are generally not considered intermittent, temporary, seasonal, or transient.

There are no requirements for prior business experience or education. The only requirement is that the investor is accredited and meets certain suitability standards, with respect to income, net worth, etc. The investor also must prove unconditionally that the source of funds is legal, through the submission of proper documentation.

All EB-5 investors must invest in a new commercial enterprise that was established After Nov. 29, 1990. But the enterprises established on or before Nov. 29, 1990, can qualify if they were restructured or reorganized in such a way that a new commercial enterprise results. Or if the enterprise was expanded through the investment, resulting in at least a 40% increase in the net worth or number of employees.

There are specific risk factors for each new business enterprise, which are specifically addressed and described in detail in the offering materials for each new business enterprise. Risk factors differ for each new commercial enterprise, but may include economic conditions, failure to meet job requirements, and denied immigration status under the USCIS Immigrant Investor Program.

The eligible investor, the spouse, and any unmarried children (even if adopted) 21 and younger at the time of adjudicating the I-526/I-526E petition filing may receive a green card.