EB-5 Program

US Green Card Through Investment

Terms of the EB-5 Program

Investing in a new business enterprise in the United States

Investing in a new business enterprise in the United States

The minimum investment amount is $800 000 (own business or Regional Center project)

The minimum investment amount is $800 000 (own business or Regional Center project)

Creation of at least 10 jobs through investment

Creation of at least 10 jobs through investment

Requirements for investors

  • Legality of receiving invested funds
  • No criminal record

Family

  • Husband / wife
  • Children under 21, financially adjective

The US Congress established the EB-5 government investment program in 1990. But it became well known after the financial crisis of 2008.

Developers were forced to look for alternative ways to raise capital after banks’ lending rules became more strict. EB-5 visas in the United States have proven to be a valuable tool for replacing traditional financing in the construction of hotels, business centers, and residential complexes.

The US government is primarily interested in raising funds in the Targeted Employment Area (TEA), so there are a number of advantages for projects located in the TEA.

About EB-5 Program

Targeted Employment Area (TEA)

  • Rural area

    A location with a population of 20,000 or less that is not part of a city or metropolitan statistical area (MSA) with a population of greater than 20,000.

  • Census tracts

    Census tracts’ labor force employment measures are at least 150% of the national average unemployment rate.

Lower investment amount

$800 000 – for projects in TEA

$1 050 000 – for other projects

Priority in visa issuance

20% – for projects in rural areas

10% – for projects in census tracts with high unemployment

2% – for industrial projects

EB-5 Program options

Own Business — EB-5 Direct Investment Program

Direct Investment – Direct EB-5 Program

A participant in the EB-5 direct investment program can invest in their own company in the United States or in a franchise.

Investment amount: from $800 000 (TEA) / $1 050 000
Investor participation in management: active
Refund of capital: depends on the success of the business
Obtaining a permanent green card: depends on the implementation of the business plan and the creation of 10 jobs
Field of activity: any
Job creation: Tax forms demonstrating the employment of US residents working more than 35 hours per week
Business plan and project documentation: prepared with the help of economists and lawyers for the project
Probability of the need to invest additional funds: high
Additional costs: services of an immigration lawyer, services of economists for drawing up a business plan and drafting project documentation, government fees, translations

EB-5 Regional Center Program

Regional Centers

Regional Centers (RC) projects involve participation in larger projects, often in the field of commercial real estate, with the involvement of professional development companies.

Investment amount: from $800 000 (TEA) / $1 050 000
Investor participation in management: passive
Refund of capital: in accordance with the subscription agreement with the Regional Center, the most common option is a refund of invested capital in 5 – 7 years
Obtaining a permanent green card: depends on the implementation of the business plan and the creation of 10 jobs
Field of activity: any, but in practice, regional centers primarily offer commercial real estate projects
Job creation: provided by the Regional Center. Indirect jobs are taken into account, the creation of which is based on economic calculations and confirmation of expenses
Business plan and project documentation: prepared by the Regional Center
Probability of the need to invest additional funds: none
Additional costs: services of an immigration lawyer, administrative fees of the RC, state fees, and a translation fee

EB-5 visa statistics, issued based on Direct vs. Regional Center projects, 2008 – 2021

EB-5 visa statistics, issued based on Direct vs. Regional Center projects, 2008 – 2021
Regional Center
Direct EB-5

Why do investors choose EB‑5

  1. Obtaining the status of a Permanent Resident (a green card) for relocating to the US, doing business, employment, or investing in the United States.
  2. The opportunity for children, regardless of their parents, to obtain Permanent Resident status (green card) in order to stay and work in the United States after university.
  3. Opportunity to obtain US citizenship for the whole family after 5 years from the date of obtaining a green card.
Why do investors choose EB‑5

Process overview

Investment

Investment

1 – 6 months

Choosing a project, a lawyer, and preparing applications

Petition I-526

Petition I-526

1 – 4 years

Business plan and personal documents of investor

Conditional Green Card

Conditional Green Card

2 years

Residing in the US and obtaining a tax residence

Petition I-829

Petition I-829

1 – 4 years

Proof of created jobs

Permanent Green Card

Permanent Green Card

10 years

Green Card can be extended or citizenship can be obtained afterward

Regional Centers’ projects

FAQ

What are the sources of investment for the EB-5 program?

EB-5 investment capital may come from a salary, dividends, loan, gifts, income, sale of assets, inheritance, investment, or other sources. The EB-5 investor is required to prove that the capital is derived from a legitimate source by providing tax return forms and bank statements to show the source of funds prior to the investment.

Will I receive a refund of my investment?

By law, the EB-5 Program does not offer a money-back guarantee. Depending on the chosen format of participation in the program, the refund on investment may depend on the ability of your own business to generate profit or, in the case of investing through the Regional Center, on the success of the project.

There are now a number of Regional Centers that can provide statistics on the refund of funds for their past projects. On average, you can expect a refund on your investment in 5 – 7 years.

Why do most investors choose RC?

Investing through the Regional Center allows investors to obtain a residence permit for themselves and their families on the basis of a passive investment. Participation in larger projects increases the likelihood of a refund, so the cost of participating in the EB-5 program can be less than $150,000.

Investing in your own business, in addition to high costs for the company itself, both financial and temporary, not only raises the question of a refund on investment, but may also require additional funds to provide 10 jobs. If it is impossible to maintain 10 jobs, there is a risk of losing both money and the ability to process documents.

Where can I find official information about the EB-5 program?

Data on the EB-5 program is available on the US Immigration Services (USCIS) website.

Why Second Wind?

Specialization exclusively for EB-5
The only company in the CIS with certified experts in the field of work by the EB-5 program.

Our expertise reduces your risk
Member of the United States Regional Centers Association (IIUSA). Statistics of the Regional Centers and information about the experience of lawyers.

Payment after receiving a green card
The principal amount for escort services is paid only after the client receives a permanent green card and a refund on their investment.