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Business Discussions | 30 April, 2024

EB-5 Immigrant Investor Program

Imagine transforming your aspiration for a new life in the United States into reality, not just by moving but through a strategic business investment visa. The EB-5 Immigrant Investor Program offers more than just a residence; it’s a gateway to opportunities and freedoms that only the U.S. can offer. 

As an aspiring immigrant, finding your way to U.S. residency through investment might seem like a complex journey. Yet, with the right guidance, the EB-5 application process can be your stepping stone to not only securing a future in the U.S. but also to thriving in its robust economy. 

This guide promises to explore every aspect of the program—from EB-5 requirements to the procedures and timelines—ensuring you have all the information needed to make informed decisions. Are you ready to embark on this transformative journey? Dive deeper into our guide to discover how you can leverage this unique opportunity to its fullest potential.


What is EB5 Visa Program?

The EB-5 Visa Program was established by the U.S. Congress in 1990 as a dynamic avenue for investment immigration in the US. This initiative aims to fortify the U.S. economy by stimulating job creation and capital investment from foreign investors. 


Under this influential program, entrepreneurs—along with their spouses and unmarried children under 21—are empowered to apply for a green card (permanent residence) by engaging in substantial economic activities within the United States. The criteria include:

  1. Making the necessary business investment visa USA in a commercial enterprise located within the United States.
  2. Planning to create or preserve at least 10 permanent full-time jobs for qualified U.S. workers.

This initiative not only fuels significant economic growth but also provides investors and their families with a solid foundation to build a prosperous future in the United States.


Benefits of the EB-5 Program

Pathway to U.S. Citizenship

One of the most compelling aspects of the EB-5 program is the direct route it offers to U.S. citizenship. Investors who sustain their EB5 direct investment and adhere to the program’s stringent requirements can ultimately seek citizenship, subject to meeting standard eligibility criteria.


Economic Freedom

Investors have the freedom to create their own business or invest in pre-approved projects across a variety of industries. This flexibility opens up diverse investment opportunities that align with the investors’ interests and business expertise, thereby enhancing their potential for success.


Educational Opportunities

The program extends beyond economic advantages, offering educational benefits as well. Investors and their families gain access to the prestigious U.S. educational system. Dependent children of investors are eligible to attend schools and universities at the same tuition rates afforded to other residents, a significant perk that can influence long-term residency decisions.


Requirements of the EB-5 Program

To engage in this program, investors must meet stringent EB-5 visas requirements centered around investment and job creation:


Investment Thresholds

The minimum qualifying investment in the United States is $1.05 million. However, this amount is reduced to $800,000 if the investment is made in a targeted employment area (TEA), typically a rural area or one with high unemployment.


Job Creation

The investment must culminate in the creation of at least 10 full-time jobs for U.S. workers. These positions must be sustained within two years of the investor’s admission to the United States as a Conditional Permanent Resident.

The EB 5 program stands as a testament to the U.S. government’s commitment to fostering EB-5 investment opportunities that benefit both the country’s economy and international investors seeking new opportunities in the U.S.


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Matter of Ho Compliant Business Plan in EB-5 Applications

The Matter of Ho decision is a pivotal 1998 EB-5 case by the USCIS Administrative Appeals Office (AAO) that set forth crucial requirements for the business plans submitted in EB-5 visa applications. Compliance with these standards is essential for ensuring the success of an EB-5 petition. This decision underscores the need for a detailed, credible, and comprehensive business plan that convincingly demonstrates the capacity of the proposed enterprise to meet the EB-5 program’s rigorous requirements.


An EB-5 business plan must meet specific criteria to comply with the Matter of Ho standards set by USCIS:

  1. Business Summary: Include a clear description of the business, its offerings, and objectives.
  2. Investment and Job Creation: Demonstrate how the EB-5 investment will be used and the creation of at least ten full-time jobs.
  3. Organizational Details: Outline the business structure, key roles, staffing requirements, and job descriptions.
  4. Marketing and Strategy: Provide comprehensive details on marketing strategies, competitive analysis, and target market insights.
  5. Market Analysis: Offer a detailed analysis including industry competitors, market demands, and economic forecasts.
  6. Financial Projections: Include a 5-year forecast with profit and loss statements, cash flows, and balance sheets.
  7. Fund Allocation: Detail the sources of investment and how these funds will be used in the business.
  8. Verification: Ensure all parts of the plan are supported by verifiable data from credible sources, demonstrating compliance with EB-5 requirements.

This streamlined approach addresses all critical aspects required for USCIS approval while maintaining clarity and compliance with EB-5 program mandates.


Procedures and Timeline

Navigating the EB 5 visa investment application process involves several steps, and the timeframe can vary based on several factors, including the investor’s country of origin and the specifics of the investment project.

Step-by-Step Procedure

  1. Locate a Suitable EB-5 Project: Investors must choose either to invest directly in a new or existing business or to invest through an EB-5 Regional Center.
  2. Capital Investment: After selecting a project, the investor must invest the required capital and prove the source of the investment funds.
  3. File Form I-526: The investor must submit Form I-526, Immigrant Petition by Alien Investor, to USCIS.
  4. Conditional Green Card: Once the I-526 is approved, the investor and their immediate family can apply for a conditional green card.
  5. Remove Conditions: After two years, the investor must file Form I-829 to remove conditions on their green card, demonstrating that the investment has met all requirements, including job creation.


Time Frame

The entire process from making the investment to becoming a conditional permanent resident typically takes about 18 to 24 months. However, this timeframe can be longer if any legal or administrative issues arise.


Costs Associated with the EB-5 Program

Investors should be aware of several costs involved in the EB-5 process, including:

  • Administrative Fees: If investing through a Regional Center, administrative fees can range from $50,000 to $70,000.
  • Legal Fees: Legal fees for navigating the EB-5 process can range from $15,000 to $25,000.
  • Investment Capital: The minimum investment is either $1.05 million or $800,000, depending on the location of the investment.
  • Government Fees: These include fees for filing the I-526 and I-829 petitions and can amount to several thousand dollars.


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EB-5 Success: The Role of Professional Consultants

The EB-5 Immigrant Investor Program offers a substantial gateway for foreign investors to secure permanent residency in the United States, contingent on their economic contributions. The journey through this program, however, involves navigating a complex landscape of regulations and requirements that can be both time-consuming and challenging. Engaging a professional consulting firm to develop your EB5 business plan is not just a convenience; it’s a strategic move that can significantly increase your chances of success.

By partnering with a consulting firm, you gain access to experts who are adept in the nuances of the EB5 investment visa process. These professionals have a deep understanding of the intricacies involved, from EB5 loans to the precise documentation required, ensuring that every aspect of your application is robust and compliant with the U.S. Citizenship and Immigration Services (USCIS) standards.

Additionally, consulting firms can provide innovative EB business ideas that align with current market trends and regulatory requirements, significantly enhancing your project’s viability and appeal in the competitive landscape of EB-5 investments.



At BSBCON, we specialize in guiding clients through the intricacies of the EB-5 Immigrant Investor Program. From selecting the right investment to filing the necessary paperwork, our team of EB5 visa business plan writers is here to ensure a smooth and successful journey to U.S. residency. Contact us today to find out how we can help you achieve your American Dream.