What is the EB-5 Regional Center Program?
In 1990, under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5) the US Congress created the fifth employment-based preference immigrant visa category know as EB-5. The provision grants 10,000 immigrant visas annually to qualified individuals who seek permanent U.S. resident status on the basis that their investment in a new commercial enterprise will benefit the US economy.
To encourage immigration through this program, Congress created a Pilot Program in 1993 that specifically sets aside 3,000 visas each year for foreign investors who are required to apply through a United States Citizen and Immigration Services (USCIS) designated Regional Center Investment Program. An investor seeking an EB-5 immigrant visa through a designated Regional Center must generally make a qualifying investment of US $1 million.
Download our EB-5 Approval Letter
Who should invest in an EB-5 Regional Center?
EB-5 Regional Center foreign investors include people from all walks of life. They are professionals, business people and a wide variety of persons wanting to facilitate a child’s education or provide for their own retirement in the U.S. If your goal is to become a permanent resident without actively managing a business, it is often less expensive and more convenient to utilize Regional Center EB-5 projects.
What is the minimum amount of capital required in order to apply for an EB-5 visa?
When you invest through a Regional Center, the capital requirement is US$1,000,000 or, if you select a project in a rural area or targeted employment area (TEA), the minimum capital requirement is US$500,000.
What involvement will I have in an EB-5 Regional Center program?
EB-5 regulations deem a limited partner in a limited partnership that conforms to the Uniform Limited Partnership Act as sufficient engagement in the EB-5 enterprise. The Uniform Limited Partnership Act, adopted by most states of the United States, prohibits the limited partner from actively participating in management of the project.
If I want to move to the United States and invest in a Lexin Capital project, do I have to live where the project is located?
No. The EB-5 visa program allows you to maintain your Permanent Residency by living anywhere in the U.S.
Are EB-5 visas available to people from any country in the world?
Yes. However, people from countries that do not have reliable tax records and other financial documentation may need to be actively involved in proving the authentication and source of their investment funds to process an EB-5 visa application.
What is the United States Citizenship and Immigration Service (USCIS)?
USCIS is a division of the Department of Homeland Security. USCIS is a government agency responsible for the implementation, administration of immigration and naturalization laws, rules and regulations, functions and policies in the provision of services.
Where can I find a copy of the EB-5 regulations?
Please go to the United States Citizenship and Immigrations Services (USCIS) website. Please visit the US Citizenship and Immigration Services (USCIS) website at: www.uscis.gov/eb-5-investor.
Do I need my own immigration lawyer to prepare and file my immigrant investor (I-526 and I-829) petitions?
Yes. Every Foreign Investor who invests with Lexin Capital shall enter into a separate representation agreement with an attorney of their choice.
What is the process to obtain permanent residency in the US?
Acquiring lawful permanent residence (“Green Card”) through the EB-5 category is a three step process.
- First, a successful applicant must obtain approval of his or her Petition for an Alien Entrepreneur (Form I-526).
- Second, he or she must either file an I-485 application to adjust status to lawful permanent resident, or apply for an immigrant visa at a U.S. consulate or embassy outside of the United States. The EB-5 applicant (and their derivative family members) is granted conditional permanent residence for a two year period upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa.
- Third, a Form I-829 Petition by an Entrepreneur to Remove Conditions must be filed 90 days prior to the two-year anniversary of the granting of the EB-5 applicant’s conditional Green Card. If this petition is approved by USCIS then the EB-5 applicant will be issued a new Green Card without any further conditions attached to it, and will be allowed to permanently live and work in the United States.
The processing time for these filings is of approximately five to six months. You can read more detail about this process on our How it Works page.
Can my family members also receive immigrant visas?
Based on your approved petition, your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you. Like you, they must also fill out required application forms, obtain required civil documents, pay the required fees, and undergo medical examinations.