The EB-5 immigrant investor program is administered under the US Citizenship and Immigration Services (USClS) department. Fully known as the employment-based fifth preference visa, Congress CIS created the EB-5 program "to stimulate the US economy through job creation and capital investment by foreign investors," which was quickly followed by the establishment of the Immigrant Investor Program in 1992.

EB-5 Process

The process that leads to the acquisition of lawful permanent residency under the EB-5 Visa program typically unfolds as follows:

  • REVIEW potential project investments provided by Rainier Regional and receive timely support from our professionals in answering your questions.
  • SIGN the Subscription Agreement and Limited Partnership Agreement upon identification of chosen investment project.
  • FINANCE the investment capital and administrative fees associated with your process.
  • PREPARE the Form 1-526 application through a consultation with one of our experienced immigration attorneys. The application will be given a thorough legal review by Rainier Regional services.
  • FILE the Form 1-526 application with the USCIS to establish eligibility to immigrate.
  • RECEIVE approval of Form 1-526 petition.
  • Upon approval of Form 1-526 petition, either:
    • FILE Form 1-485, Application to Register Permanent Residenceor Adjust Status, with USCIS to adjust status to a conditional permanent resident within the United States, or
    • FILE DS-230 or DS-260, Application for Immigrant Visa and Alien Registration, with the U.S.•Department of State to obtain an EB-5 visa for admission to the United States.
  • FILE Form 1-829, Petition by Entrepreneur to Remove Conditions, atleast 90 days before the two-year anniversary of the granting of the EB-5 investor's conditional resident status (Green Card). Rainier Regional Center will provide documentation to prove sustained investment and job creation required for the Form l-829 Removal of Conditions.
  • RECEIVE your permanent green card. Rainier Regional will continue to be available to support you and your family.

EB-5 Requirements

According to the USCIS, foreign nationals are eligible to apply for a green card through a Regional Center if they:

  • Invest at least $1 million {or $500,000 ifthe regional center is in a designated Targeted Employment Area - high employment or rural area) in a regional center that is affiliated with a new commercial enterprise or a troubled business.
  • Create at least 10 new full-time jobs either directly or indirectly through the capital investment.

Grounds of Excludability

EB-5 visa applicants are subject to the same bars against entry as are other intending U.S. immigrants. Grounds for denying a visa include:

  • Overstay of prior U.S. visa of more than six months
  • Prior criminal conviction
  • Communicable illness (AIDS, infectious tuberculosis, syphilis, etc.)
  • Membership in a communist or any totalitarian party
  • Illegal export of sensitive U.S. technology, goods, or information
  • Money Laundering
  • Terrorist Activities
  • Sexual Abuse of Minors
  • Aggravated Felony

Green Card Benefits