What’s the Cost of Getting an American Green Card via the EB-5 Investment Visa?

If you dream of living in the United States, getting a green card is one of the best ways to make that dream a reality.

A green card, also known as a Permanent Resident Card, allows you to live and work in the U.S. permanently.

One of the ways to obtain a green card is through the EB-5 Investment Visa.

This visa is designed for foreign investors who are willing to make a substantial financial investment in a U.S. business, which creates jobs for American workers.

What is the EB-5 Investment Visa?

The EB-5 Investment Visa was created by the U.S. Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.

The program is overseen by the U.S. Citizenship and Immigration Services (USCIS).

To qualify for the EB-5 visa, you must invest a certain amount of money in a new commercial enterprise in the United States.

This investment must create or preserve at least ten full-time jobs for U.S. workers.

How Much Do You Need to Invest?

The amount you need to invest depends on the location of the business in which you are investing:

1. Standard Investment: The minimum investment amount is $1,050,000.
2. Targeted Employment Area (TEA) Investment: If you invest in a TEA, which is a rural area or an area with high unemployment, the minimum investment amount is $800,000.

What Are the Costs Involved?

Besides the investment itself, there are several other costs associated with obtaining an EB-5 visa. These include:

1. Administrative Fees: Many EB-5 projects, especially those in Regional Centers, charge administrative fees. These can range from $50,000 to $70,000.
2. Legal Fees: You will need an immigration attorney to help you navigate the complex EB-5 process. Legal fees can range from $15,000 to $25,000.
3. USCIS Filing Fees: You will need to pay several fees to USCIS, including:

• Form I-526, Immigrant Petition by Alien Investor: $3,675
• Form I-485, Application to Register Permanent Residence or Adjust Status (if you are in the U.S.): $1,140 plus $85 for biometrics
• DS-260, Immigrant Visa Application Processing Fee (if you are outside the U.S.): $325

1. Other Costs: These can include translation fees, document preparation fees, travel expenses, and medical examination fees. These can add up to several thousand dollars.

Breaking Down the Costs

Let’s break down these costs with an example of an investment in a TEA.

1. Investment: $800,000
2. Administrative Fees: $60,000 (average)
3. Legal Fees: $20,000 (average)
4. USCIS Fees:

• Form I-526: $3,675
• Form I-485: $1,140 + $85 (biometrics) = $1,225
• DS-260: $325

1. Other Costs: $5,000 (estimate)

Total Cost Estimate

Adding up these costs gives a total estimate of $890,225 for obtaining an EB-5 visa through investment in a TEA. This estimate can vary depending on the specifics of your situation, such as the complexity of your case and the fees charged by your legal and administrative service providers.

Step-by-Step Process

Here’s a step-by-step guide to the EB-5 visa process:

1. Choose an Investment Project: Research and select a project that qualifies for the EB-5 program. Many investors choose projects in Regional Centers, which are USCIS-designated organizations that sponsor investment projects to pool EB-5 capital.
2. Invest the Required Amount: Transfer the required funds to the investment project’s escrow account.
3. File Form I-526: Your attorney will file Form I-526, Immigrant Petition by Alien Investor, with USCIS. This form demonstrates that you have made the required investment and that the funds are from a lawful source.
4. USCIS Review: USCIS reviews your petition. This can take several months to over a year. If your petition is approved, USCIS will send you a notice.
5. Consular Processing or Adjustment of Status: If you are outside the U.S., you will apply for an immigrant visa at a U.S. consulate in your home country (consular processing). If you are already in the U.S., you will file Form I-485 to adjust your status to a permanent resident.
6. Conditional Green Card: Once your immigrant visa or adjustment of status is approved, you will receive a conditional green card, which is valid for two years.
7. File Form I-829: Within the 90-day period before your conditional green card expires, you must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. This form demonstrates that your investment has met all the requirements, including job creation.
8. Permanent Green Card: If Form I-829 is approved, USCIS will remove the conditions on your green card, making you a permanent resident.

Risks and Considerations

The EB-5 visa program has several benefits, but there are also risks and considerations to keep in mind:

1. Investment Risk: Your investment must be at risk for the purpose of generating a return on the capital placed at risk. There is no guarantee that you will get your investment back or that the business will succeed.
2. Complex Process: The EB-5 process is complex and can be time-consuming. It requires careful planning and coordination with legal and financial professionals.
3. Changing Regulations: U.S. immigration laws and regulations can change, which might affect the EB-5 program’s requirements and processes.
4. Job Creation Requirement: You must demonstrate that your investment has created or will create at least ten full-time jobs for U.S. workers. Failure to meet this requirement can result in the denial of your petition.

Conclusion

The EB-5 Investment Visa offers a pathway to U.S. permanent residency for those who can make a substantial financial investment in a U.S. business.

While the costs and complexities involved are significant, the potential rewards of living and working in the United States make it a worthwhile consideration for many foreign investors.

Remember, this post provides a general overview. The specifics of each case can vary, so it’s important to consult with experienced immigration attorneys and financial advisors to guide you through the EB-5 process.

With the right preparation and support, you can navigate the journey toward obtaining an American green card through the EB-5 Investment Visa.