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WHAT IS EB-5

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USCIS administers the EB-5 program, created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a pilot program enacted in 1992, and regularly reauthorized since then, investors may also qualify for EB-5 visas by investing through regional centers designated by USCIS based on proposals for promoting economic growth. 

Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.

If a foreign national invests $1 million (or in some cases $500,000 within a Targeted Employment Area, an area statistically proven to be 150% of the U.S. national unemployment rate or rural area) in a business that creates ten new American jobs, the immigrant investor would be eligible to obtain a green card (permanent visa) for themselves and their qualifying family members. The program has many other provisions, such as maintaining the investment throughout the EB-5 conditional permanent residency period, increasing regional productivity, and other requirements. The program is divided into two distinct phases. In the first phase the immigrant investor is granted a conditional visa. After two years, the conditions on the visa are removed if the investor has proven the creation of 10 new American jobs, maintained the required amount of investment and met the residency time requirement the conditions on the visa are removed and the visa is made permanent.

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