EB-5 Program

U.S. IMMIGRATION OPPORTUNITY

EB-5 Overview

The EB-5 program is administered by the USCIS, and allows entrepreneurs, their spouses, and unmarried children under 21 to apply for permanent residence through the Green Card. The program was created in 1990 to stimulate job creation and foreign investment in capital. Qualifiers for the EB-5 program must invest in American commercial enterprise and create or preserve 10 full-time jobs for U.S. citizens.

Unlike other visa programs, sponsorship by an employer is not required. After being certified for the Green Card, investors and previously mentioned family members are given conditional citizenship. Two years later, they can petition for the conditions to be removed. Furthermore, after 5 years of permanent residency, investors with the EB-5 Visa may qualify for U.S. Citizenship through naturalization.

Important Update: It has been announced by USCIS that $500,000 investment opportunities will end on 11/21/2019. After 11/21/2019, Regional Centers can only offer $900,000 for Targeted Employment Area (very suburban area) or $1,800,000 for most of the projects.

EB-5 Regional Center Program

The EB-5 program designates organizations and titled Regional Centers to sponsor capital investment projects in high-unemployment or rural areas for applicants. The Regional Centers increase capita, job creation, and economic growth. By investing in a Regional Center, applicants do not have to manage their investment on their own, which sets them on the right track towards achieving a Green Card and citizenship, if they so choose.

Aboard America Regional Center Introduction

Approved January 13th, 2014, Aboard America Regional Center (AARC) was formed in partnership with Kengo as a designated Regional Center by the U.S. Citizenship and Immigration Services. By operating under the same management, investing with AARC creates more opportunity for the united business model to create jobs and help qualify Green Card applications through the EB-5 program. The expertise in their shared management makes for prime location development for long term success, ensuring your investment’s ability to create results.

By investing in AARC, obtaining permanent residency is no longer a dream—it’s a reality. We identify key opportunities in real estate, which complement the potential of a location’s surrounding success. Without having to handle any of the project management, applicants to the EB-5 program can rely on our regional center to show the U.S. government your added value to the community, while still being able to enjoy the benefits of travelling and residing wherever you wish.

Benefits of EB-5 for Foreign Investors

Allows applicants to start their application to obtain U.S. citizenship

Does not require sponsorship from a U.S. employer

One of the fastest methods for an investor, their spouse, and unmarried children under the age of 21 to gain citizenship

Green Card holders may live and work anywhere in the U.S.

Public education access and reduced in-state costs for public colleges and universities

The H1-B work Visa isn’t needed to do work in the U.S.

Although the needed investment must be “at risk”, collateral in real estate projects can be used as collateral to help minimize risk

EB-5 Immigration Process

1. Document lawful source of funds

2. Meet investment requirements

3. File the I-526 form petition with the USCIS to determine eligibility to participate

4. If outside U.S., file form DS-260 OR
If already living in U.S., file form I-485

5. Interview at an Embassy/Consulate

6. Review the application and file

7. Get the required background checks and national security screenings

8. A conditional Green Card will be eligible for 2 years

9. Applicant must file form I-829 to remove conditions 90 days before expiration

10. Applicant will receive a permanent Green Card

11. After 5 years, applicant needs to file for naturalization

12. Applicant will receive U.S. Citizenship

EB-5 Investment Requirements

The invested capital must equal either $1 million or $500,000 within a targeted employment area
Investment must be towards a new commercial enterprise that is “for profit”
Must be established after Nov. 29, 1990 OR
- Purchase and the existing business is restructured or reorganized resulting in a new commercial enterprise by investor OR
- Expanded through investment resulting in at least a 40% increase in net worth or hired employees
10 full-time jobs for qualifying employees must be made due to the investment for qualifying employees
A number of existing employees must be maintained, or will be for at least 2 years

FAQ

Q: Do I have to speak English to apply for the EB-5 program?
A: No, you do not have to speak English. However, you do need to have a translator so that you can understand the details of the application process.

Q: Will my family members need to apply for green cards separately?
A: No, the investor and their spouse, along with any unmarried children- adopted or otherwise- under the age of 21 at the time of approval of the I-526 petition are eligible to receive a green card.

Q: What is the difference between a conditional Green Card and an unconditional Green Card?
A: The conditional Green Card holds a 2-year residency, whereas the unconditional Green Card holds a 10-year residency.

Q: What is the financial commitment required for investment?
A: By nature, the investment must be an “at risk” investment, however collateral in real estate projects can be used to help minimize risk.

Q: Does the investor have to stay in the U.S. during the whole waiting period?
A: The investor does not have to stay in the U.S., however a Green Card holder must be present at least 180 days of the year, unless a re-entry permit is applied for.

Q: Do I have to report foreign income as a Green Card holder?
A: Yes, all world income and assets must be declared.

Q: Is permanent residency different from U.S. Citizenship?
A: Yes, permanent residency refers to the unconditional Green Card, which allows for 5 years of stay. U.S. Citizenship would allow for lifelong residence and the rights of a U.S. Citizen.

Q: Can my investment be in the form of a loan?
A: No, it must be some form of cash, cash equivalents, inventory, etc.

Q: I am from a non-treaty country; can I apply for the EB-5 program?
A: Yes, no country is excluded from the EB-5 program.

Q: As an investor with a regional center, would I have any say in the company?
A: No, by the EB-5 standards you must stay separate from the management of the company.

Affiliates