top of page

 CALL: (202) 349-3744

 EMAIL:  contact@jazlawfirm.com

Jazayerli Law logo
american flag

EB-5 Immigration through Investment

 

Immigration through Investment – The EB-5 Program

The Employment Based 5th Preference category (EB-5) Immigration through Investment program grants non-Americans and their immediate family members (spouse and children under the age of 21) permanent residency in the United States .


To apply, an immigrant investor must invest a minimum of $1.05 million in a commercial enterprise and create a minimum of 10 U.S. jobs in the process. But if the investment is made in a specially designated “targeted employment area” (TEA)  or in an infrastructure project, then the immigrant investor is required to invest  $800,000 and create 10 jobs. The immigrant investor and his/her family are then issued a “conditional green card” to immigrate to the United States. After two years, the conditional status is removed upon a showing that the investment created at least ten full-time permanent jobs for U.S. workers and "unconditional" or permanent green cards are issued. If an individual's investment is made through a Regional Center  - an entity so- designated by the U.S. Citizenship and Immigration Services (USCIS) - the immigrant investor may satisfy the  job creation requirement through the showing of “indirect,” as well as “direct” jobs.

U.S. Congress Passed the "EB-5 Reform and Integrity Act of 2022" 

On March 15, 2022, President Biden signed the Consolidated Appropriations Act, 2022 (Public Law No: 117-103) that included the “EB-5 Reform and Integrity Act of 2022,” (the "RIA"), which reauthorizes the EB-5 regional center program through September 30, 2027. This bill is the first long-term reauthorization that the EB-5 Regional Center Program has received since 2015.  In addition to reauthorizing the EB-5 Regional Center program, the RIA makes some significant changes to the EB-5 visa program that primarily impacts new and future EB-5 investors. Most notably, the minimum EB-5 investment amount increased to $1.05 million (from the previous $1 million amount),  or $800,000 (from the previous $500,000) for investments in Targeted Employment Areas, ("TEAs") or in the newly created "set aside" categories. 

 

TEA areas include rural areas and high unemployment areas, which are now defined under narrower “bullseye” definition that can be determined only by USCIS and which are valid for two years from project request filing, renewable in two-year increments. The $800,000 amount can also be used  for “infrastructure projects” in which a government entity contracts for EB-5 financing to develop public works even if not located in a TEA. This change in the investment amount applies to both regional center and direct EB-5 investments. However, the change does not affect existing investors with already-filed or approved I-526 petitions.

 

Under the RIA, a specific number of the approximately total 10,000 EB-5 visas that are available each fiscal year are “reserved” for individuals who invest in projects in these three specific categories - Rural Areas, High-Unemployment Areas, or Infrastructure Projects.  Specifically, the RIA allocates 20% of the total EB-5 visa numbers to investors in rural areas, 10% to investors in high-unemployment areas, and 2% to investors in infrastructure projects. Moreover, under the RIA, investments in Rural Areas are designated to receive priority processing by USCIS at the I-526/E petition stage.  However, USCIS has yet to issue the necessary enabling regulations to implement the priority processing for such EB-5 investments in rural areas. 

 

The RIA also resumed processing of pending I-526 petitions, and adjustment of status applications, and consular processing of immigrant visa application based on approved I-526 petitions.  Very significantly, the RIA also authorizes individuals who are currently in the United States who file an I-526/E petition to concurrently file an I-485 application to adjust, status to permanent resident as long as an immigrant visa in their category is available. 


Individuals  currently in the U.S. with already filed I-526 petitions that are still pending before USCIS may also file I-485 applications to adjust status based on their pending I- 526 petition .  This now means applicants currently in the U.S. on F-1 student visas,  in OPT status, on H-1B work visas,  L-1A managerial visas, or other non-immigrant visas can apply for permanent residency at the same time that they file their I-526 petition, and concurrently apply for and obtain temporary employment authorization and travel permission to leave the United States while they await approval of their I-526  petition /application to adjust to U.S. permanent resident.

Summary Of Several Key Changes Made By The EB-5 Reform Bill:

For targeted employment areas (TEAs) or "infrastructure projects," the needed investment amount is $800,000.vThe investment amount is $1,050,000 for investments in non-TEA areas. 

​

  • If the EB-5 program lapses in the future, grandfathering laws require USCIS to continue processing EB-5 petitions as long as they are filed by September 30,2026. 

  • The bill allocates 20% of total EB-5 visa numbers to investments in rural areas, 10% to investments in high-unemployment areas, and 2% to infrastructure projects. 

  • I-526 petitioners in the United States may concurrently file I-485 applications to adjust status to lawful permanent resident. 

  • In some instances, there are age-out protections for dependent children who have reached the age of majority. 

  • Gifts are still allowed, and they are not restricted to family members. 

  • Capital investments, administrative fees, and any fees "connected" with the investment are also subject to source of funds restrictions.  

  • A Regional Center must file an application for project approval (“project request”),but investors can file I-526 petitions once the required project request is filed.

  • If a regional center or new commercial enterprise (NCE) closes, there is a

 

Contact Us if you are interested in pursuing an EB-5 Immigrant Investor visa, or to schedule a consultation to learn more about the EB-5 Immigrant Investor visa program.

Immigration through Investment – The EB-5 Program

The Employment Based 5th Preference category (EB-5) Immigration through Investment program grants non-Americans and their immediate family members (spouse and children under the age of 21) permanent residency in the United States .


To apply, an immigrant investor must invest a minimum of $1.05 million in a commercial enterprise and create a minimum of 10 jobs for U.S. workers in the process. But if the investment is made in a specially designated “targeted employment area” (TEA)  or in an infrastructure project, then the required amount of the  investment is reduced to $800,000. The investment must still create 10 jobs. The immigrant investor and his/her family are then issued a “conditional green card” to immigrate to the United States. After two years, the conditional status is removed upon a showing that the investment created at least ten full-time permanent jobs for U.S. workers and "unconditional" or permanent green cards are issued. If an individual's investment is made through a Regional Center  - an entity so- designated by the U.S. Citizenship and Immigration Services (USCIS) - the immigrant investor may satisfy the  job creation requirement through the showing of “indirect,” as well as “direct” jobs.

U.S. Congress Passed the "EB-5 Reform and Integrity Act of 2022"

On March 15, 2022, President Biden signed the Consolidated Appropriations Act, 2022 (Public Law No: 117-103) that included the “EB-5 Reform and Integrity Act of 2022,” (the "RIA"), which reauthorizes the EB-5 regional center program through September 30, 2027. This bill is the first long-term reauthorization that the EB-5 Regional Center Program has received since 2015.  In addition to reauthorizing the EB-5 Regional Center program, the RIA makes some significant changes to the EB-5 visa program that primarily impacts new and future EB-5 investors. Most notably, the minimum EB-5 investment amount increased to $1.05 million (from the previous $1 million amount),  or $800,000 (from the previous $500,000) for investments in Targeted Employment Areas, ("TEAs") or in the newly created "set aside" categories. 

​

TEA areas include rural areas and high unemployment areas, which are now defined under a narrower “bullseye” definition that can be determined only by USCIS and which is valid for two years from the project request filing, but renewable in two-year increments. The $800,000 amount can also be used  for “infrastructure projects” in which a government entity contracts for EB-5 financing to develop public works even if not located in a TEA. This change in the investment amount applies to both regional center and direct EB-5 investments. However, the change does not affect existing investors with already-filed or approved I-526 petitions.

 

Under the RIA, a specific number of the approximately total 10,000 EB-5 visas that are available each fiscal year are “reserved” for individuals who invest in projects in these three specific categories - Rural Areas, High-Unemployment Areas, or Infrastructure Projects.  Specifically, the RIA allocates 20% of the total EB-5 visa numbers to investors in rural areas, 10% to investors in high-unemployment areas, and 2% to investors in infrastructure projects. Moreover, under the RIA, investments in Rural Areas are designated to receive priority processing by USCIS at the I-526/E petition stage.  However, USCIS has yet to issue the necessary enabling regulations to implement the priority processing for such EB-5 investments in rural areas. 

 

The RIA also resumed processing of pending I-526 petitions, and adjustment of status applications, and consular processing of immigrant visa application based on approved I-526 petitions.  Very significantly, the RIA also authorizes individuals who are currently in the United States who file an I-526/E petition to concurrently file an I-485 application to adjust, status to permanent resident as long as an immigrant visa in their category is available. 


Individuals  currently in the U.S. with already filed I-526 petitions that are still pending before USCIS may also file I-485 applications to adjust status based on their pending I- 526 petition.  This now means applicants currently in the U.S. on F-1 student visas,  in OPT status, on H-1B work visas,  L-1A managerial visas, or other non-immigrant visas can apply for permanent residency at the same time that they file their I-526E petition, and concurrently apply for and obtain temporary employment authorization and travel permission to leave the United States while they await approval of their I-526E  petition / I-485 application to adjust to U.S. permanent resident.

Summary Of Several Key Changes Made By The EB-5 Reform Bill:

  • For targeted employment areas (TEAs) or "infrastructure projects," the minimum investment amount is $800,000 vs. the investment amount of $1,050,000 for investments in non-TEA areas. 

  • The bill allocates 20% of total EB-5 visa numbers to investments in rural areas, 10% to investments in high-unemployment areas, and 2% to infrastructure projects. 

  • I-526/E petitioners in the United States may concurrently file I-485 applications to adjust status to lawful permanent resident. 

  • In some instances, there are age-out protections for dependent children who have reached the age of majority. 

  • Gifts are still allowed, and they are not restricted to family members. 

  • Capital investments, administrative fees, and any fees "connected" with the investment are also subject to source of funds restrictions.  

  • A Regional Center must file an application for project approval (“project request”), but investors can file I-526E petitions once the required project request is filed.

  • If the EB-5 program lapses in the future, grandfathering laws require USCIS to continue processing EB-5 petitions as long as they are filed by September 30,2026. 

​​​

Contact Us if you are interested in pursuing an EB-5 Immigrant Investor visa, or to schedule a consultation to learn more about the EB-5 Immigrant Investor visa program.

bottom of page