EB-5 Integrity Fund

The EB-5 Reform and Integrity Act of 2022 requires USCIS to establish the EB-5 Integrity Fund. USCIS will collect a fee from each designated regional center to fund the fund. The fee is $20,000 or $10,000, depending on the direction of the law. USCIS will publish a Federal Register notice to explain how and when the fee is to be paid.

• EB-5 Immigrant Investor Regional Center ProgramPresident Biden signed a law on March 15, 2024 that includes an EB-5 Immigrant Investor Regional Center Program. The program will be in effect until September 30, 2027.
• EB-5 capital investment
  The capital investment requirement for EB-5 projects is $800,000 for projects in rural or high-unemployment areas and infrastructure projects. For projects in other areas, the investment requirement is $1,050,000. 
  
• Job creation
  Investors must prove that their funds will create ten permanent full-time jobs for U.S. workers.

Overview of the EB-5 Investor Program

The EB-5 Investor Program offers foreign investors and their immediate families a pathway to U.S. permanent residency, commonly known as a Green Card. Established by the U.S. government to stimulate economic growth and job creation, the program attracts foreign capital investment. Following significant reforms in March 2022, the EB-5 Program has been extended through 2027, with enhanced regulations focused on integrity and investor protection, giving participants greater confidence in their U.S. relocation plans.

To qualify for the EB-5 Investor Program, applicants must make an eligible investment in a new commercial enterprise that meets specific requirements, such as creating or preserving a minimum number of jobs in the United States.

How the EB-5 Investor Program Works

The EB-5 Investor Program offers a straightforward path for you and your family to achieve permanent residency in the United States. Here’s an overview of how the program works:

• Eligibility: To participate, you must be at least 18 years old, prove that your investment funds come from a lawful source, and be prepared to make a qualifying investment in a new U.S. commercial enterprise.
• Investment Amount: The minimum investment required is currently $800,000. You’ll need access to this amount to make your qualifying investment.
• Job Creation: By investing through a Regional Center, you gain more flexibility in meeting the job creation requirement, a key part of the program.
• Application Process: With American Dream and our partners, you’ll begin by filing the I-526 petition with U.S. Citizenship and Immigration Services (USCIS) to start your EB-5 application.
• Conditional Green Card: Once your petition is approved, you and your family will receive conditional Green Cards, granting you conditional permanent residency in the U.S.
• Removing Conditions: Before your conditional Green Card expires, we will file an I-829 petition to confirm that your investment has been sustained and the job creation requirements have been met. Upon approval, you and your family will receive permanent residency.

Your Non-Restrictive Green Card Benefits:

• You and your family can live and work anywhere in the U.S. through this investment program.
• Easily expand or establish your business across the U.S.
• Enroll your children in top-ranked Ivy League colleges, renowned for academic excellence and private research.
• Become U.S. citizens after 5 years of residency.
• Enjoy visa-free travel to over 160 countries.
• Invest in a stable economy, benefiting from the strength of the U.S. Dollar as a reliable hedge.
• Receive the full amount of your investment back, with the added advantage of the U.S. Dollar appreciating significantly against the Rand each year.

Payment options

In order to invest into this Program, you need to have $800,000.00 accessible funds – this can be through various means. A deferred payment option is available, providing a unique pathway to file your application. By submitting a down payment of $250,000 and a promissory note, you can start the immigration process. However, it is essential to provide supplementary documentation showcasing the source of the remaining funds, for example, proceeds from property sales, businesses, or investment portfolios. This approach demonstrates your active involvement in securing the full $800,000.00 before your file undergoes adjudication.

Adjustment of Status: A Quick Guide
The EB-5 Investor Program allows foreign investors in the U.S. on a valid non-immigrant visa to file their I-485 Application to Adjust Status before their I-526 petition is approved, thanks to the EB-5 Reform & Integrity Act. This offers significant benefits, including work and travel authorization while your I-485 is pending and maintaining lawful status during processing. However, the I-485 can only be approved after the I-526 is approved.

Eligibility Requirements:

1. Lawful Status: You must have entered the U.S. legally and maintained lawful status.
2. Visa Eligibility: You need a pending I-526 or new I-526 filing.
3. Visa Availability: A visa must be available in your category without backlog.
4. Supporting Documentation: Proof of lawful entry and status, medical exam, and required fees (application and biometrics).

Key Forms:

• I-485: Adjustment of status application.
• I-526: Proof of qualifying investment and job creation.
• I-765: Application for Employment Authorization.
• I-131: Application for Travel Document.

Steps to Adjust Status:

1. Check Eligibility: Ensure you meet all requirements for the I-485, including lawful presence and visa availability.
2. Gather Documents: Prepare your I-526 and I-485/I-765/I-131 forms, and required documents like passport, birth certificate, and employment details.
3. File Applications: Submit your I-526, I-485, and other supporting forms with fees. If I-526 is pending, only file the I-485 and related forms.
4. Receive Work Authorization, Travel Card & SSN: After filing, expect work authorization, travel documents, and an SSN in 3-4 months.
5. Biometrics Appointment: USCIS will schedule a fingerprint and photo appointment.
6. Interview: Attend the USCIS interview and provide any requested documents.
7. Wait for Decision: USCIS will notify you of approval or denial. If denied, you may appeal or request reconsideration.

Although the process may seem complex, Discoveries of Hope is here to guide you every step of the way on your journey to a better life. Contact us to learn more.

The minimum investment required for an EB-5 visa depends on the location of the project:

• Targeted Employment Area (TEA): The minimum investment is $800,000
• Non-TEA: The minimum investment is $1,050,000
  These amounts are subject to automatic adjustment every five years based on inflation. The adjustment is based on the Consumer Price Index for All Urban Consumers (CPI-U). 

Other requirements for an EB-5 visa include:

• Proving that the funds were lawfully sourced
• The project must create at least 10 eligible jobs
• The funds must be fully invested in the project and remain at risk
  There are also additional fees associated with the EB-5 visa process, including: 
• DS-260 filing fee: $345 per person to file with the Department of State
  I-829 petition filing fee: $3,750 for the investor and all dependents

Explore the links below:

• About the EB-5 Visa Classification – Requirements for investing capital and creating jobs
• EB-5 Investors – How to apply
• EB-5 Immigrant Investor Regional Centers – View information about regional centers
• EB-5 Resources – View EB-5 resources, such as protocols
• EB-5 Support – How to contact us with questions
• EB-5 Integrity Fund – How to pay the annual fee