The U.S. Congress created the Employment Based fifth preference immigrant visa program (the “EB-5 Program”) in 1990 to stimulate the U.S. economy through job creation and capital investment from foreign investors. The EB-5 Program allows investors, and their spouses and unmarried children under 21, to apply for U.S. lawful permanent residence by making a qualified investment into a new commercial enterprise with the intend of creating or preserving ten (10) permanent full-time jobs for qualified U.S. workers.  

In 1992, U.S. Congress created the EB-5 Immigrant Investor Program, also known as the Regional Center Program, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth, including prospective job creation and increased domestic capital investment. On March 15, 2022, President Biden signed the EB-5 Reform and Integrity Act as part of the Consolidated Appropriations Act, 2022 (Public Law 117-103), which created new requirements for the EB-5 immigrant visa category and the Regional Center Program. Immigrant visas are authorized under the Regional Center Program through September 30, 2027.

Based on the current requirements under the EB-5 Program a qualified immigrant investor must invest $1,050,000. The amount of capital required is reduced to $800,00 for an investment in a targeted employment area or in an infrastructure project. The administrative fee, legal and application fees are not included.

Minimum Capital Investment: $800,000 invested over 5-7 years.Background Check: No U.S. immigration law violations, criminal convictions, or history of financial fraud.Documented Lawful Source of Funds: Requires documentation proving the capital investment was earned legitimately.‘‘At Risk "Investment: The investment must be fully invested in the U.S. economy for a minimum of twenty-four months, and until the required jobs are created.Create Jobs: The investment must lead to the creation of at least 10 jobs for U.S. workers.  

1. Minimum Capital Investment: $800,000 invested over 5-7 years.
2. Background Check: No U.S. immigration law violations, criminal convictions, or history of financial fraud.
3. Documented Lawful Source of Funds: Requires documentation proving the capital investment was earned legitimately.
4. ‘‘At Risk "Investment: The investment must be fully invested in the U.S. economy for a minimum of twenty-four months, and until the required jobs are created.
5. Create Jobs: The investment must lead to the creation of at least 10 jobs for U.S. workers.  

A targeted employment area is a rural area, or an area designated by the Secretary of Homeland Security as a high unemployment area at the time of the investment. The term “rural area” means any area other than an area within a metropolitan statistical area (as designated by the Director of the Office of Management and Budget) or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States). A high unemployment area is an area that has experienced unemployment at a rate that is at least 150% of the U.S. national average.