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Understanding the EB-5 Visa Program

The EB-5 Visa Program represents a bridge connecting foreign investors to the American dream. It’s an initiative by the U.S. government designed to stimulate the economy through job creation and capital investment by foreign investors. Introduced in 1990, the program allows investors and their immediate families (spouses and children under 21) to apply for a Green Card (permanent residence) if they make the necessary investment in a U.S. business and create or preserve 10 full-time jobs for American workers.

Central to the EB-5 program is the concept of injecting funds into new commercial enterprises. These enterprises can be any for-profit activity formed for the ongoing conduct of lawful business. The minimum investment amounts are $1.05 million, or $800,000 if the investment is in a Targeted Employment Area (TEA), designated for its high unemployment or rural location. The program offers two investment pathways: direct investment in a business managed by the investor or investment through a Regional Center, which allows pooling of investor funds in larger projects.

Advantages of Obtaining an EB-5 Visa

The EB-5 Visa holds an array of benefits, particularly attractive for high-net-worth individuals seeking a pathway to U.S. residency. A significant advantage is the opportunity it provides for the investor, their spouse, and unmarried children under 21 to live, work, and study anywhere in the U.S. and to apply for U.S. citizenship upon meeting all the criteria. It bypasses the need for employer sponsorship or family connections, often required by other U.S. visa categories.

Furthermore, investing through the EB-5 program can be a strategic business move, providing access to the U.S. market and its diverse consumer base. EB-5 investors have the freedom to establish their businesses, contributing to innovation and economic growth. Additionally, their children can benefit from access to the U.S. education system, including public schools, colleges, and universities at resident rates.

Eligibility Criteria for the EB-5 Visa

To be eligible for the EB-5 visa, investors must meet specific criteria set by the United States Citizenship and Immigration Services (USCIS). Firstly, they must invest $1.05 million or $800,000 if the project is in a TEA. This investment must be in a new commercial enterprise, which refers to any for-profit entity formed for the ongoing conduct of lawful business.

The funds invested must be proven to be legally acquired, and the investment must lead to the creation of 10 full-time jobs for U.S. workers within two years of the investor’s admission into the U.S. as a Conditional Permanent Resident. The investor must be involved in the day-to-day management or policy-making of the enterprise. These stringent requirements ensure that the program serves its purpose of benefiting the U.S. economy and creating jobs.

Defining a New Commercial Enterprise in EB-5 Context

In the realm of EB-5, a New Commercial Enterprise plays a pivotal role. It is defined as any for-profit entity established after November 29, 1990, that is engaged in lawful commercial or business activities. This includes a wide range of business models, such as sole proprietorships, partnerships (limited or general), holding companies, joint ventures, corporations, business trusts, or other privately or publicly owned entities.

The enterprise must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the U.S. as a Conditional Permanent Resident. This criterion underscores the program’s primary goal of stimulating economic growth and employment. The inclusivity of this definition allows investors to venture into various sectors, offering flexibility and opportunities to leverage their expertise and interests in their U.S. investments.

Eligible Business Types for EB-5 Investment

When exploring the EB-5 investment landscape, understanding the spectrum of eligible businesses is crucial. The EB-5 program, known for its flexibility, accommodates a wide range of business types, offering prospective investors a variety of sectors to invest in. From manufacturing facilities and technology startups to real estate developments and hospitality businesses like hotels and restaurants, the choices are extensive. What binds these diverse businesses together under the EB-5 umbrella is their capacity to fulfill the job creation requirement – at least 10 full-time jobs for qualifying U.S. workers.

Investors often lean towards sectors they are familiar with, leveraging their expertise to maximize the success of their investment. For instance, a tech entrepreneur might invest in a tech startup, while someone with a background in hospitality might choose a hotel or restaurant project. The flexibility in business types ensures that the program is accessible to a broad range of investors with different professional backgrounds and interests. However, it’s not just about the type of business but also about its potential to drive economic growth and create jobs, aligning with the core objective of the EB-5 program.

Explaining a Targeted Employment Area (TEA)

A Targeted Employment Area (TEA) is a critical concept within the EB-5 program, designed to focus investment and economic development in areas that need it most. TEAs are either rural areas or areas with high unemployment. Investing in a TEA lowers the minimum investment threshold from $1.05 million to $800,000, making the EB-5 program more accessible to a broader range of investors.

Rural TEAs are defined as areas outside a metropolitan statistical area (MSA) or outside the boundary of a city or town with a population of 20,000 or more. High-unemployment TEAs are areas with unemployment rates at least 150% of the national average. This designation encourages investments where they can have a significant impact on job creation and economic revitalization. The TEA status of a project is a crucial factor for many investors, not only for the reduced investment amount but also because these projects often carry a sense of contributing to the betterment of underdeveloped or struggling communities.

Role and Function of an EB-5 Regional Center

EB-5 Regional Centers are pivotal in broadening the scope and impact of the EB-5 program. These centers are organizations approved by USCIS to facilitate EB-5 investments in large-scale projects, often pooling investments from multiple investors. They specialize in managing projects that meet EB-5 criteria, particularly focusing on job creation. A significant advantage of investing through a Regional Center is the ability to count both direct and indirect jobs towards the EB-5 program’s job creation requirement, offering more flexibility compared to direct investments.

Regional Centers can encompass a variety of projects, from real estate developments to large infrastructure or business projects. They often provide investors with turnkey solutions, handling much of the administrative and compliance burden. This makes them particularly appealing for investors who prefer a more hands-off investment approach but still wish to benefit from the EB-5 program’s residency pathway.

Comparing Regional Center Investments with Direct Investments

In the EB-5 program, investors have the choice between Regional Center investments and Direct investments, each with its own set of characteristics and benefits. Regional Center investments are ideal for those who prefer a more passive investment role. They allow for a broader count of job creation, including indirect and induced jobs, which can make meeting the EB-5 program’s job creation requirements more attainable. These investments typically involve large-scale projects and are managed by professionals, providing investors with a relatively hands-off experience.

Direct investments, on the other hand, are more suitable for investors who desire active involvement in their business. This path requires the investor to directly manage the business and ensure that it creates at least 10 direct full-time jobs. While this route demands more from the investor in terms of involvement and management, it offers greater control over the investment and can be rewarding for those with entrepreneurial spirit and business acumen.

In summary, the choice between a Regional Center investment and a Direct investment in the EB-5 program depends largely on the investor’s level of desired involvement, risk tolerance, and personal business preferences. Each path offers unique advantages and caters to different types of investors within the EB-5 landscape.

Acceptable Sources of Funds for EB-5 Investment

The EB-5 visa program mandates strict adherence to the legality of the investment funds. It’s crucial that the capital invested is not only substantial but also derived from lawful sources. This requirement is a cornerstone of the program, designed to maintain integrity and transparency. Acceptable sources include earnings from business, salary, investments, property sales, inheritance, or even a legal settlement. The program also considers funds obtained through the sale of assets, stocks, or bonds, provided the investor can conclusively demonstrate the lawful nature of these assets.

The onus is on the investor to provide comprehensive, verifiable evidence of the source of their funds. This could involve tax returns, bank statements, sale deeds, business licenses, or any other relevant financial documentation. This stringent verification process is crucial in preventing money laundering or other illegal financial activities, ensuring that the EB-5 program remains a reputable and secure option for foreign investment into the United States.

Utilizing a Gift as an EB-5 Investment

In the realm of EB-5 investments, utilizing a gift as the source of funding is a viable option. This pathway can be particularly beneficial for investors who may not have immediate access to the required investment amount but have the support of family or friends. In such cases, the funds gifted must be accompanied by a legal affidavit stating the nature of the gift and confirming that it is not a loan that needs to be repaid.

Like any other source of EB-5 investment capital, the gifted amount must be substantiated with proof of its lawful origin. This means that the person gifting the funds must provide documentation verifying the legal acquisition of the funds, such as bank statements, tax returns, or any other relevant financial records. The EB-5 program’s emphasis on legal compliance extends to gifted funds, ensuring that they meet the same stringent criteria as any other investment capital.

Variety of Investment Forms Accepted in EB-5

The EB-5 program offers flexibility not only in the choice of investment projects but also in the forms of investment capital. Investors can channel their funds into the new commercial enterprise in various forms, including cash, cash equivalents, inventory, equipment, or other tangible property. This diverse range of acceptable investment mediums allows investors to leverage their assets in the most beneficial way to meet the program’s requirements.

For instance, an investor might choose to invest using equipment or technology essential to the business’s operations. Alternatively, the investment might take the form of inventory needed to start or maintain the business. What’s essential is that the value of these non-monetary assets is appraised and documented to meet the investment amount criteria. This flexibility in investment forms makes the EB-5 program accessible to a broader spectrum of investors, enabling them to capitalize on their resources effectively.

The Requirement of ‘At Risk’ Investment in EB-5

A fundamental stipulation of the EB-5 investment is that the capital must be ‘at risk’ in the commercial sense. This requirement is in place to ensure that investors are genuinely committing their capital towards the success of the business. The ‘at risk’ clause means that there must be a real and substantial possibility of gain or loss; the investment cannot be merely a loan or a facade for guaranteed returns.

This aspect of the EB-5 program underscores the investment’s genuine nature, aligning with the program’s objective of stimulating economic growth through real, impactful business activities. It also serves as a measure to maintain the integrity of the program, ensuring that investors are actively contributing to the economic development of the United States. While the ‘at risk’ nature of the investment may pose a challenge, it is also a testament to the investor’s commitment and faith in the potential of their chosen enterprise.

The EB-5 Visa Application Procedure

Embarking on the EB-5 visa journey is a structured process, entailing several crucial steps. The initial phase is choosing an eligible investment project and committing the required capital, either $1.05 million or $800,000 if in a Targeted Employment Area (TEA). Following the investment, the investor files Form I-526, Immigrant Petition by Alien Investor, with the United States Citizenship and Immigration Services (USCIS), providing detailed evidence of the investment, the lawful source of funds, and the job creation plan.

Once the I-526 petition is approved, the investor and their immediate family apply for conditional permanent residency. This step varies depending on whether they are residing outside the U.S. (requiring processing through a U.S. consulate) or within the U.S. (allowing for an adjustment of status via Form I-485). The conditional Green Card granted is valid for two years, during which the investment must fulfill the job creation requirements.

Towards the end of this two-year period, the investor files Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, providing proof of the fulfilled job creation and the sustained investment. Upon approval, the conditions are removed, and the investor and their family become permanent U.S. residents. This detailed and meticulous procedure ensures that the EB-5 program achieves its goals of stimulating the U.S. economy through foreign investment and job creation.

Timeline for the Complete EB-5 Process

The timeline for the EB-5 visa process is complex and can vary based on several factors, including the project’s location, the efficiency of the USCIS in processing petitions, and individual circumstances of the investor. Typically, the process begins with selecting a suitable EB-5 project and making the necessary investment. The I-526 petition process can take anywhere from 12 to 18 months, although this timeframe can fluctuate.

Upon I-526 approval, if the investor is outside the U.S., the consular processing for a visa can take several months. Those already in the U.S. can expect an adjustment of status process to take a similar length of time. Following entry into the U.S. or adjustment of status, the two-year conditional residency period begins. Near its end, the investor files the I-829 petition, which can take about 6 to 8 months to process. In total, the entire EB-5 journey from investment to permanent residency can span approximately 5 to 7 years.

Potential Future Modifications to the EB-5 Program

The EB-5 program, like any dynamic immigration pathway, is subject to potential legislative and regulatory changes. These modifications often aim to improve the program’s integrity, efficiency, and alignment with evolving economic needs. Possible future changes could include adjustments in investment thresholds, redefinition or stricter designation of TEAs, enhanced measures for fraud prevention and national security, and improvements in the processing speed of petitions.

Another area of potential reform is the job creation requirement, with possible alterations in what constitutes a qualifying job or the required number of jobs. Additionally, there might be updates to the source of funds documentation to enhance transparency and legality. Investors and stakeholders must stay informed about these potential changes, as they can significantly impact the program’s structure and the decision-making process for prospective EB-5 applicants.

Details of the EB-5 Job Creation Mandate

The job creation mandate is a cornerstone of the EB-5 visa program. Each investment must lead to the creation or preservation of at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the United States as a Conditional Permanent Resident. These jobs must be direct, meaning actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.

For investors utilizing the Regional Center route, the program allows for a broader interpretation of job creation, including indirect and induced jobs. Indirect jobs are those created collaterally or as a result of capital invested in a commercial enterprise affiliated with a Regional Center by an EB-5 investor. This flexibility in job creation criteria is pivotal in making the Regional Center option attractive to many investors, as it can be less challenging to demonstrate job creation through this pathway. The job creation mandate ensures that the EB-5 program’s economic stimulus objective is met, making it a critical component of the investor’s journey toward U.S. permanent residency.

Job Creation in Pre-existing Businesses for EB-5 Compliance

The EB-5 visa program’s flexibility extends to allowing investments in pre-existing businesses, but with specific job creation requirements. For an EB-5 investment to qualify in a pre-existing business, it must result in a substantial change in the business’s net worth or number of employees. Specifically, the program mandates that the investment should lead to a 40% increase in either the net worth or the number of employees, ensuring significant contributions to the business’s growth.

In scenarios where an investor chooses to invest in a troubled business (one that has experienced a net loss for a period of one or two years), the requirement shifts to job preservation instead of job creation. In such cases, the EB-5 investor must maintain the pre-investment number of jobs for at least two years. This approach provides an avenue for investors to contribute positively to businesses facing challenges, aiding in their recovery and securing jobs. Whether it’s through expansion or stabilization, investing in pre-existing businesses under the EB-5 program requires a strategic approach to meet the stringent job creation or preservation criteria essential for compliance and successful visa processing.

EB-5 Investor’s Role in Business Management

An integral part of the EB-5 investment process is the investor’s role in the business. The program stipulates that the investor must be involved in the management or policy-making of the enterprise. This involvement can take various forms, from being an active, hands-on manager to assuming a policy-making role as a corporate officer or board member.

The objective behind this requirement is to ensure that the investor exerts some degree of influence or control over the investment. It’s not enough to merely contribute capital; the investor must be engaged in some aspects of the business operations. This requirement adds a layer of responsibility and commitment to the investment, aligning with the program’s goal of fostering economic growth. The investor’s management role also serves as a safeguard, ensuring that their investment is actively working towards the success and job-creation goals of the EB-5 program.

Path to Citizenship Through the EB-5 Program

The EB-5 program not only offers a route to permanent residency in the United States but also paves the way for citizenship, subject to certain conditions. After successfully obtaining a Green Card through the program, investors and their immediate family members can eventually apply for U.S. citizenship. This process begins with obtaining conditional permanent residency upon the approval of the I-526 petition and the fulfillment of the investment and job creation requirements.

After two years of conditional residency, investors apply to remove the conditions on their Green Card using Form I-829. Once these conditions are removed and they have met the residency requirements, including physically residing in the U.S. for at least five years, they are eligible to apply for naturalization using Form N-400. The path to citizenship via the EB-5 program is a significant draw for many investors, offering them and their families the opportunity to become full participants in American life and society.

Essential Documentation for EB-5 Application

The EB-5 visa application process is document-intensive, necessitating meticulous compilation of various forms of evidence. The cornerstone document is Form I-526, Immigrant Petition by Alien Investor, which requires comprehensive evidence of the investment, job creation plan, and the legal source of the investment funds. Investors must provide financial statements, bank records, tax returns, payroll records, and business incorporation documents, among others, to substantiate their claims.

Additionally, proof of the lawful source of funds is critical. This can include bank statements, employment records, sale deeds, inheritance letters, or any legal documents relevant to the source of the investment capital. Investors also need to demonstrate their investment’s impact on job creation, requiring detailed business plans and economic impact analyses. Properly organizing and presenting these documents is key to navigating the EB-5 application process successfully, highlighting the need for thoroughness and accuracy in preparing the application package.

Role of Immigration Lawyers in the EB-5 Process

In the intricate landscape of the EB-5 visa program, immigration lawyers play a pivotal role, acting as navigators and advisors throughout the process. Their expertise is crucial from the very beginning, where they help in determining the eligibility of the investor, guiding through the selection of a suitable EB-5 project, and ensuring the investment meets all the program requirements. A key aspect of their role is to assist in compiling and reviewing all necessary documentation to demonstrate the lawful source of investment funds and the project’s compliance with EB-5 job creation criteria.

Immigration lawyers also provide invaluable assistance in preparing and filing the I-526 petition, the first critical step in the EB-5 visa process. They help in interpreting complex immigration laws and policies, ensuring that the application adheres to the latest legal requirements and standards. Beyond the initial application, they continue to provide guidance through the conditional residency period, the preparation and filing of the I-829 petition to remove conditions, and even on the path towards U.S. citizenship. Their ongoing support and legal counsel help mitigate risks and navigate the complexities of the EB-5 process.

Identifying Suitable EB-5 Investment Opportunities

Identifying the right EB-5 investment opportunity is a task that requires diligent research and thorough due diligence. Prospective investors must consider various factors such as the project’s location, the industry sector, the track record of the developers or regional centers, and the project’s potential to fulfill the job creation requirement of the EB-5 program. It’s advisable to choose projects in industries with which the investor is familiar or has a keen interest, as this can provide additional insight and confidence in the investment.

Investors often turn to EB-5 Regional Centers, which offer a range of projects that have been pre-vetted for compliance with the EB-5 program’s requirements. These centers can also provide detailed project documentation and forecasts, making it easier for investors to assess the potential of the investment. However, whether choosing a regional center project or a direct investment, the key lies in thorough due diligence, including assessing the financial stability of the project, the feasibility of the job creation estimates, and the overall viability of the business plan.

Who is Eligible for the EB-5 Visa?

Eligibility for the EB-5 visa is based on the ability to invest the required amount of capital in a new commercial enterprise in the United States and to create or preserve 10 full-time jobs for U.S. workers. The investor must invest either $1.05 million or $800,000 if the project is located in a Targeted Employment Area (TEA). Apart from the financial requirements, the investor must prove that the investment funds were obtained through lawful means, requiring extensive documentation of the source of the funds.

The program is open to individuals of any nationality, with no requirements regarding age, education, business experience, or language skills. This makes the EB-5 visa accessible to a wide range of people, provided they have the necessary financial resources and are committed to adhering to the program’s regulations. Additionally, the investor must be willing to take an active role in the business, either in day-to-day management or policy-making.

Understanding the EB-5 Visa Backlog

The EB-5 visa backlog refers to the delay in processing and approving EB-5 visa petitions due to the high demand and limited number of visas available each fiscal year. The United States allocates approximately 10,000 visas annually for the EB-5 program, with a per-country cap. This cap can lead to longer waiting periods for applicants from countries with a high number of EB-5 applicants, such as China, Vietnam, and India.

The backlog means that investors from these high-demand countries may face extended wait times before their petitions are processed and visas are issued. This delay can impact the investor’s plans regarding relocation, business operations, and family matters. Understanding the dynamics of the visa backlog is crucial for prospective EB-5 investors, as it can significantly influence the decision-making process and the timing of the investment. It’s important to stay informed about the current processing times and the potential impact of the backlog on the EB-5 application.

Timeline for Investing Funds in an EB-5 Business

The timeline for investing funds in an EB-5 business is a critical aspect of the visa application process, requiring strategic planning and timely execution. Initially, the prospective investor must identify a suitable business or project in which to invest. Once the investment decision is made, the capital must be committed to the business to qualify for the EB-5 program. This commitment typically involves placing the funds in an escrow account, especially in Regional Center projects, ensuring that the investment is at risk and actively in use for the business purpose.

The actual investment or the commitment of the funds should occur before or concurrent with the filing of the I-526 Immigrant Petition by Alien Investor. It is essential that the investment is made and the funds are irrevocably committed to the business at the time of petition filing to meet the EB-5 program requirements. The timeline can vary depending on the project’s complexity, the investor’s decision-making process, and the arrangement of the necessary capital. Timely investment is crucial, as delays can affect the overall application process and the fulfillment of the job creation requirement within the designated period.

EB-5 Visa Eligibility for Family Members

The EB-5 visa program offers significant benefits not only to the investors themselves but also to their immediate family members. Under the program, the investor’s spouse and unmarried children under the age of 21 are eligible to apply for a Green Card as dependents of the investor. This inclusivity allows families to embark on the journey to U.S. residency together, ensuring that they can live, work, and study in the United States.

The eligibility of family members to obtain conditional permanent residency hinges on the investor’s successful application. Once the investor’s I-526 petition is approved, family members can apply for their visas simultaneously with the investor, ensuring a unified transition to life in the U.S. This family-inclusive approach of the EB-5 program is a significant draw for many investors, offering a pathway to a better future for their families.

Concerns About Children ‘Aging Out’ in EB-5 Process

A notable concern in the EB-5 process is the potential for children to ‘age out’ – turn 21 and lose their eligibility as dependents under their parents’ EB-5 application. The Child Status Protection Act (CSPA) addresses this issue to an extent by allowing the calculation of the child’s age to be frozen on the date the I-526 petition is filed. However, delays in the processing and approval of the I-526 petition or in obtaining a visa can lead to situations where a child turns 21 before these processes are completed.

To mitigate the risk of aging out, it is advisable to file the I-526 petition well in advance of the child’s 21st birthday. The timing of the application and the processing times should be carefully considered. If a child ages out despite these precautions, they may need to find alternative immigration pathways to join their family in the U.S., which can be a complex and emotionally challenging process for families involved in the EB-5 program.

Entering the U.S. Post-EB-5 Visa Approval

Once an EB-5 visa is approved, the investor and their eligible family members can enter the United States as conditional permanent residents. This entry must occur before the expiration of the visa, which is typically issued with a six-month validity. Upon entry into the U.S., the two-year conditional residency period begins, during which the investor must meet the job creation requirements associated with their EB-5 investment.

The initial entry to the U.S. post-approval is a significant milestone in the EB-5 journey, marking the beginning of the investor’s and their family’s life in the United States. This period is crucial for establishing residency, initiating or overseeing the EB-5 investment, and integrating into the community. The transition can involve significant adjustments, including settling into a new home, enrolling children in school, and acclimating to a new cultural and social environment. Successful entry into the U.S. post-EB-5 visa approval sets the stage for the investor and their family to embark on their new life, with the potential of permanent residency and eventually citizenship in the U.S.

Residency Obligations with an EB-5 Green Card

Obtaining a Green Card through the EB-5 program comes with specific residency obligations that investors must fulfill to maintain their status. The primary requirement is to establish and maintain permanent residency in the United States. This means living in the U.S. for the majority of each year, demonstrating a commitment to the country as a permanent resident.

Holders of an EB-5 Green Card need to be cautious about extended absences from the U.S., as spending too much time outside the country can be interpreted as an abandonment of permanent residency. The general guideline is to avoid being outside of the U.S. for more than six months at a time. However, if circumstances require longer absences, it is advisable to obtain a re-entry permit to avoid complications with residency status.

Moreover, EB-5 Green Card holders are expected to fulfill the obligations of residency, which include paying U.S. taxes on worldwide income. This comprehensive tax responsibility is a critical aspect of U.S. residency, reflecting the individual’s fiscal commitment to the United States. Adhering to these residency obligations is vital for maintaining the Green Card and for future eligibility for U.S. citizenship.

Leveraging an Existing U.S. Business for EB-5

For entrepreneurs who already own a business in the United States, the EB-5 program offers an opportunity to leverage that existing enterprise for immigration purposes. To qualify, the existing business must be expanded or restructured in a manner that meets the EB-5 program’s criteria. This typically involves a substantial investment leading to a significant increase in the net worth or number of employees of the business, aligning with the EB-5 mandate of job creation.

Investing in an existing business often requires careful planning to ensure that the new investment results in the creation or preservation of at least 10 full-time jobs. The investor must demonstrate that the capital invested is substantial and leads to the required job creation or preservation within a two-year period. This path can be advantageous as it allows investors to capitalize on their existing operations and knowledge of the U.S. market while pursuing U.S. residency.

Transitioning from an E-2 to an EB-5 Visa

Transitioning from an E-2 Treaty Investor Visa to an EB-5 Immigrant Investor Visa is a path taken by some investors seeking permanent residency in the U.S. The E-2 visa, while providing an opportunity to live and work in the U.S., does not directly lead to permanent residency. In contrast, the EB-5 visa offers a pathway to a Green Card and eventual citizenship.

The transition involves converting the temporary investment under the E-2 visa into a qualifying investment for the EB-5 program. This typically requires increasing the investment to meet the EB-5 program’s minimum investment amount and ensuring that the investment leads to the creation or preservation of at least 10 full-time jobs for U.S. workers. It’s important for E-2 visa holders to plan this transition carefully, ensuring their investment and business activities align with the EB-5 criteria and regulations.

Undertaking this transition offers E-2 visa holders a valuable opportunity to leverage their existing investments and business activities in the U.S. for permanent residency. However, it requires meticulous planning and adherence to both E-2 and EB-5 program requirements, making it essential to consult with experienced immigration and legal professionals.