Paramount Miami Worldcenter
What is an EB-5 investor visa?
The U.S. Immigrant Investor Program – known as “EB-5” is one of the most efficient ways for people from around the world to obtain a green card and live in the United States of America. After successful completion of the program, investors and their family members (spouse and children under the age of 21) are given conditional resident status in the United States, which can be converted into a permanent residency with a path to citizenship.
How it works?
- To qualify for the program, the applicant must invest $500,000 in a business or project located in an area of the United States with a high unemployment rate. The applicant’s investment must create 10 full-time jobs within a two-year period.
- After the approval of the initial application, which is focused primarily on establishing the legal source of the investment of $500,000 (known as an I-526 Petition), the applicant and his or her immediate family are eligible for a conditional resident status in the United States.
- Once the applicant establishes that the investment of $500,000 was made in the selected project and the 10 full-time jobs were created within the required period (or will be created within a reasonable time period), the condition attached to the visa is removed and the applicant and family receive permanent resident status in the United States.
Frequently Asked Questions
The investor can include all unmarried children under the age of 21. If one of your children under the age of 21 is already studying in the U.S. at the time the application is approved, he or she will also be considered an immigrant by adjusting his or her status from student visa holder to resident visa holder.
There are many sources that are accepted as legal: capital earned from a legitimate business, appreciation of real estate investments, inheritance, lottery winnings, and so on. For more details, enquire with your immigration consultant company and U.S. lawyers to evaluate your case and design a suitable solution.
Yes. Gifts from a family member or other person can be used for investment immigration after a gift tax. However, you still must provide verifiable proof of a legitimate source for the gifted funds.
You are welcome to visit the projects that are already completed and the projects in construction. Our team in Florida will be happy to introduce you to the key partners of the project. Should you wish to visit us, give us your tentative visit date and we will arrange your visit.
Under the individual direct investment, the program requires the creation of 10 full-time jobs created directly by the project (excluding the indirect jobs calculated by economic modeling). Full-time means working 35 hours or more per week. The workers must be identified as U.S. qualified workers.
However, if the project is from a regional center, the calculation of indirect and induced jobs based on an approved economic methodology is accepted, making the criteria much easier to meet.
EB5 Projects mandate an independent analyst to estimate the job creation required to remove the condition attached to the Green Card.
Once the Regional Center establishes that the investor fulfilled the basic admissibility requirements, they are invited to wire their investment of $500,000 into the project. The amount will be kept in escrow until the I-526 application has been submitted to the USCIS.
USCIS will base their decision on a comparison between the investor’s job creation forecast indicated in the I-526 petition and the actual job creation at the time of submission of the petition for the removal of the condition (I-829 petition).
The immigration officer will assess whether the investment of $500,000 has indeed been invested in the manner indicated in the I-526 and has led to the creation of at least 10 full-time jobs and whether it is realistic to expect that the jobs created will be sustained for a reasonable period. If the answers to those questions are positive, the I-829 petition should be approved and the condition removed.
The investment continues separately to the immigration application and will be repaid per its own terms. Typically work with an approximately five-year term but each project is different. The investment must be at-risk per USCIS requirements, and no guarantee can be made as to its return of or return on investment.