Under EB 5 Visa Green Card, the employment-based, fifth preference (EB-5) immigrant investor classification, individuals are eligible to apply for lawful permanent residence in the United States if they make the necessary investment in a commercial enterprise in the United States and create or, in certain circumstances, preserve 10 full-time jobs for qualified United States workers. This rule provides priority date retention to certain EB-5 investors, increases the required minimum investment amounts, reforms targeted employment area designations, and clarifies USCIS procedures for the removal of conditions on permanent residence.
We specialize in helping you get EB 5 visa Green Card. You can hire our Eb 5 visa lawyers in California to get a green card. Before you begin, get to know the Summary of the EB-5 final new rules
U.S. immigration law allows certain aliens who are employment-based immigrants to become lawful permanent residents (get a Green Card). One employment-based (EB) “preference immigrant” category includes aliens who have invested or are actively in the process of investing $1 million (or $500,000 in targeted employment areas) in a new commercial enterprise that will benefit the U.S. economy and create at least 10 full-time positions for qualifying employees. These aliens are also called “EB-5 immigrant investors” because they are in the employment-based fifth preference visa category.
Alert: On June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization Final Rule (PDF). While USCIS considers this decision, we will apply the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019, including:
- No priority date retention based on an approved Form I-526;
- The required standard minimum investment amount of $1 million and the minimum investment amount for investment in a Targeted Employment Area (TEA) of $500,000;
- Permitting state designations of high unemployment TEAs; and
- Prior USCIS procedures for the removal of conditions on permanent residence.
In other words, we are applying the regulations in effect before Nov. 21, 2019, on this website and in the USCIS Policy Manual, Volume 6, Part G, Investors. In addition, USCIS again will accept the April 15, 2019, version of Form I-526, Immigrant Petition by Alien Entrepreneur, because the Nov. 21, 2019, version of the form reflects updates from the now-vacated rule.
Alert: Statutory authorization for the EB-5 Immigrant Investor Regional Center Program ended at midnight on June 30, 2021. This sunset in authorization does not affect EB-5 petitions filed by investors who are not seeking a visa under the Regional Center Program. Due to the sunset in authorization for the Regional Center Program, USCIS will reject the following forms received on or after July 1, 2021: