EB5 (Employment Based 5) is the world’s most desirable US immigration investment program. It is administered by the USCIS (United States Citizenship and Immigration Services).
The United States EB-5 Program was created by Congress in 1990 to encourage foreign direct investment into the U.S. with the goal of creating jobs and providing economic growth for the American economy.
In return for an investment that creates at least 10 full-time jobs for a minimum of 2 years, the investor, spouse, and all children under the age of 21 will be granted permanent U.S. residency (a U.S. green card).
Who can get EB-5 Visa
The EB-5 investor visa is much in demand from people wanting to migrate to the US for the educational, business and career opportunities it offers. For those who can afford to invest $500,000, this visa is one of the simpler ways to get American residency and eventually citizenship.
EB-5 Visa Program Requirements
A capital investment made by a foreign investor in a Qualified U.S commercial entity. When you invest through a Regional Center, the minimum capital requirement is US$500,000 when you select a project in a rural area or targeted employment area (TEA); for all other projects, the capital requirement is US$1,000,000. The capital investment must create 10 full time jobs for U.S workers within a period of two years.
Key Benefits of EB-5 Program
As a U.S. green card holder, you and/or your children will enjoy significant benefits including:
- Higher acceptance rates to top U.S. universities (~ 4x improvements due to not being subject to international student quotas)
- Lower tuition costs (in some cases) and access to wide variety of merit-based scholarships
- Eliminate difficulties obtaining summer internships and full-time positions
- Expand employment opportunities after graduation (not subject to annual H1-B annual visa lottery)
- Freedom to start your own business in the U.S
- Remove barriers to the World’s largest & most dynamic market
- Direct path to U.S. citizenship (within 5 years of the conditional green card)
Manya Education Private Limited (MEPL) set up in 2002 & has always focused on the needs of its customers & delivered long-term value to them. EB-5 investment visa program is our latest offering.
LCR Capital Partners, Founded by 1st generation U.S. immigrants who met and graduated from Harvard Business School in the mid 90’s. LCR Capital Partners is a global, partner-owned, investment and advisory firm that deploys its EB5 investors’ capital into a premier real estate and iconic hospitality projects, primarily in Miami and New York City. We structure each EB-5 fund as low-risk, debt-based instruments with strong collateral coverage and high job creation. The firm typically acts as the General Partner and independent fund manager of each EB-5 fund it sponsors and currently serves over 300 U/HNWIs from 20+ countries through its offices in the U.S, India, Brazil, South Africa and the UAE.
Manya Group has partnered with LCR Capital Partners to provide Indian families the opportunity to invest and obtain a U.S. green card through qualified commercial real estate investments. This means that you could find yourselves living and benefiting from all opportunities available in the U.S in less than 2 years.
- Who should invest in an EB-5 Regional Center?
Ans: EB-5 Regional Center foreign investors include people from all walks of life including professionals, business people, persons wanting to facilitate a child’s education, and retirees. If your goal is to become a permanent resident without actively managing a business, it is often less expensive and more convenient to utilize the Regional Center EB-5 category projects where your investment funds are placed into active projects.
- If I want to move to the United States and invest in an LCR project, do I have to live in the location of the project?
Ans: 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?
Ans: Legally yes. However, people from countries that do not have reliable tax and other financial documentation will need to be more actively involved in proving the authentication and source of investment funds to process an EB-5 visa application.
- What is the United States Citizenship and Immigration Service (USCIS)?
Ans: 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 relevant law and regulations to study?
Ans: Please go to the United States Citizenship and Immigration Services (USCIS) website. For a direct link to investment visa information, please click.
- Do I need my own immigration lawyer to prepare and file my immigrant investor (I-526 and I-829) petitions?
Ans: Every Foreign Investor who invests with LCR Capital Partners shall enter into a separate representation agreement with an attorney of their choice or LCR’S preferred law firm.
The attorney shall prepare the I-526 Petition for you as a Foreign National Investor. Upon approval of the Petition, the appointed designated Immigration Attorney can prepare your Applications for Conditional Permanent Residency. Before the end of the two years Conditional Permanent Residency, the appointed designated Immigration Attorney can prepare for you the Immigrant Petition to Remove the Conditions of your Permanent Residency; the final step necessary for you to obtain unconditional Permanent Residency.
- What are the processing procedures?
Ans: The foreign investor must complete three phases of the application process
Step 1: To obtain immigrant investor status, the foreign investor must submit a completed Immigrant Petition by Alien Entrepreneur Form (Form I-526) to US Citizenship and Immigration Services (USCIS) along with supporting documentation clearly demonstrating that the investment meets all EB-5 requirements. Upon approval of the I-526 Petition, this will be the foundation for Step 2.
Step 2: If the foreign investor is residing within the US and has received Form I-526 approval, he or she may obtain conditional resident status by submitting a completed Application to Register Permanent Residence or Adjust Status (Form I-485) to USCIS. If residing outside the US, the foreign investor must apply for an immigrant visa at a US Consulate abroad.
Step 3: During the 90-day period prior to the expiration of the conditional period, the investor should file a completed Petition by Entrepreneur to Remove Conditions (Form I-829) to USCIS. In this petition, the foreign investor must demonstrate that the investment was sustained over the two-year conditional period, and the requisite jobs were created. Upon approval of the I-829 petition, the conditional nature of the green card is lifted and full permanent residence is granted to the investor and the investor’s family members less than 21 years of age.
- What information and documentation are required?
Ans: Professional Background: You must prepare complete biographical information for each applicant and the principal applicant must prove the source of the investment funds. A résumé with copies of college diplomas and other educational certificates, if applicable, should be included. Any memberships in professional organizations should be documented. Unless the investor inherited the funds, the investor should be presented as a successful professional or businessperson with a business, financial or family history that explains the accumulation of financial net worth that is presented in the financial information. Provide as much documentation as possible that pertains to the career and achievements of the Investor.
Source of Funds: Funds for the investment must come from a lawful source. Lawful sources of funds include profits from the sales of a property, stocks or bonds, profits from business, business transactions, gifts, and inheritances. To prove the source of investment funds, USCIS requires five years of tax returns, five years of bank records, proof of ownership in any businesses, financial statements for each business and business licenses. The idea is to present a track record of an honest course of dealing. If your capital came from a specific transaction, such as a sale of a house, inheritance or gift, you must prove the transaction occurred, by providing an official document, such as a closing statement or contract or other official documents. This is not an exhaustive list of documents. Other documents may be required and vary on a case-by-case basis.
All documents included in the application must be translated into English in a proper Affidavit format.
- What is the difference between conditional and unconditional green cards?
Ans: Under the regulations, an investor who is approved for the EB-5 immigrant visa receives a conditional green card, which must be reissued after two years, subject to removal of conditions. Otherwise, the two cards offer the same rights and privileges. A conditional Green Card is a temporary Green Card valid for two years. One year and nine months after it is issued, a three-month window opens up during which an individual must file another application with the USCIS to verify that all of the funds have been invested and the required employment has been created. When the conditional resident status has been lifted, full resident status is granted and a permanent Green Card is issued.
If my I-526 petition is approved by USCIS, what is the purpose of the Consulate application and Interview, and how soon do I get my “Green card”?
Upon approval of I-526 Petition:
(a) If you are residing outside the U.S. you must wait for notification from the U.S. Consulate in your home country to prepare documents for the visa interview. The purpose of this procedure is to ensure that the investor and his or her family undergo medical, police, security and immigration history checks before the conditional permanent resident visas are issued. At the interview, the consulate officer may address these issues and information printed on the I-526 application, including asking the investor to summarize the nature of his or her immigrant investment.
(b) If you are in the United States, then you may apply for adjustment of status by filing form I-485, and supporting documents, the application may be filed at the appropriate office of the USCIS.