EB-5 Immigration Investment: Everything You Need to Know

What is immigration through EB-5? What is EB-5? The ​EB-5 Immigrant Investor Program is a great opportunity to invest in a business idea of your own or to invest in established projects in the United States. EB-5 is also a direct route to obtaining a Green Card (permanent residency) for you and your family. In this article, the best EB-5 attorney in California discusses the EB-5 process and the benefits of the program.  

EB-5 Immigrant Investor Program was established to invite foreign investors to explore their invest opportunities in the United States as well as secure their permanent residency. The investor can invest $900,000 or $1.8 million in business or investment project (the exact investment amount depends on the project and location). The investment can be cash or other types of capital investment such as loans, gift, inheritance, tangible property, etc.

What Are The Main Requirements for EB-5? 
There are several requirements and moving parts when it comes to getting an EB-5 approval or qualifying for EB-5, but in general the main factors for the application are: (1) Sufficient investment amount, (2) proper source of the investment money, and (3) creation of 10 full-time jobs within two years of being granted a green card. 

Two Ways to Do EB-5: What Is The Difference Between EB-5 Direct Investment and Regional Center EB-5?
Under the EB-5 program, there are two ways to invest: 

1. Direct Investment (starting your own business and investing in the business); or
2. Investing in a established project through a Regional Center. 

A Direct Investment is where the investor creates and manages a business and invests the EB-5 funds in his or her own business. For an investment through a Regional Center project, an investor finds external investment projects and invest the money without taking part in the day-to-day management of the project. The Regional Center project option is a great choice for those that rather not be in the "driver's seat" for the investment. 

How to Start The EB-5 Application Process? 
Below are the steps of the EB-5 application and an overview of the EB-5 process:

1. Find an investment opportunity through Direct Investment or a Regional Center;
2. Speak to an immigration attorney regarding immigration risks and qualifications;
3. Speak to a financial advisor regarding business and financial strategies;
4. Submit EB-5 application package; 
5. Processing time depends on investor's nationality and Embassy; 
6. After application approval, receive 2-year conditional Green Card, 
7. After two years, apply for permanent Green Card (removal of condition on Green Card); and 
8. After five years of Green Card status, apply for U.S. Citizenship. 

What Are The Risks of EB-5 Investment? Can You Lose Your Money by Investing in EB-5? 
You may wonder, is EB-5 a good opportunity to earn interest and financial gains? There is no way to guarantee that it is and there is a specific reason why. EB-5 investments must be “at risk,” meaning like any other type of investment whether it is stock, real estate, etc., there is no guarantee that the investment will be returned or that there will be a high-rate of returns on your investment. A Regional Center project cannot guarantee that they will return an investor's EB-5 investment. Like any other type of investment, there is a potential of losing those funds depending on the success and profitability of the business or project. 

Where Can You Start? How Can You Get Professional Answers to Your EB-5 Questions? 
EB-5 is a complex area of immigration law that has a lot of strict requirements. Najmeh Mahmoudjafari is one of the best EB-5 immigration lawyers in California and the United States. Najmeh and our team at ImmigraTrust Law would be happy to speak with you about your immigration options through investment whether you are considering starting your own business or finding the fastest way to obtaining a Green Card. Najmeh has successfully guided many clients in EB-5 and has provided detailed-oriented due diligence needed for a successful EB-5 immigration petition.

More EB-5 Resources:
For more information on the EB-5 program, please see the following links:

1. USCIS EB-5 Page 
2. List of Approved Regional Centers

If you have any questions regarding the EB-5 Program, please contact us today. Najmeh Mahmoudjafari and ImmigraTrust Law are here to help with all your EB-5 immigration needs!​

Najmeh Mahmoudjafari, Esq.
Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law, an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Najmeh can be reached at [email protected].

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DISCLAIMER: This article is for general information purposes only. It is not intended and does not constitute legal advice. This article does not create an attorney/client relationship and does not provide an attorney/client privilege. For legal advice about your specific case, please contact an attorney.