EB5 VISA PROGRAM OVERVIEW 2024
The EB-5 Immigrant Investor Program (AKA the EB-5 Visa) 2024 At A Glance
OFFICIAL EB-5 PROGRAM RESOURCES
Launched in 1990, the EB-5 Immigrant Investor Visa is one of the world’s flagship Residency By Investment programs.
Section 203(b)(5) of the Immigration and Nationality Act (INA), allocates 10,000 EB-5 immigrant visas per year to qualified individuals seeking Lawful Permanent Resident (LPR) status on the basis of them making a capital investment in a business enterprise.
As at January 22, 2024, the program offers two investment options:
- $800,000: Qualifying investments in Targeted Employment Areas, or TEAs ( being either Rural or High Employment Areas).
- $1,050,000: Qualifying investments in areas other than Targeted Employment Areas.
The EB-5 Program offers a reliable path to a US green card and eventual US citizenship – whereas visas like the E2 Treaty Visa category, holding a “non-immigrant” visa classification, does not.
The program has been massively popular, with demand frequently exceeding the supply of available visas, which is also subject to annual caps for each respective source country.
EB-5 applicants from China and India, in particular, have faced EB-5 Visa retrogression – i.e. lengthy delays – whenever these countries’ annual visa allocation caps have been hit.
But in 2023, when the Reform and Integrity Act (RIA) was signed into law, the program became even better. In particular, the RIA changes pertaining to EB-5 Rural Projects paved a way out of visa retrogression for nations affected by it (more on these changes below).
WHAT YOU WILL DISCOVER BELOW:
✓ Why Our Rural EB5 Project ticks a LOT of important boxes
Let’s get into the details below…
Key EB-5 Program Benefits
Reliable path to US permanent residency, a green card, and eventual US citizenship.
The program has no educational, language, or work experience requirements.
You don’t need to stay in the USA continuously.
You can choose to live anywhere within the United States.
You can establish any type of business in the USA.
You can include your children up to the age of 21 years in your EB-5 application.
You don’t have to have family members in the US to be eligible to apply.
Your children can study in US public schools with no charge.
You, your spouse and your children can attend college or university at US resident rates.
There is no need to find a job and employer to sponsor you.
Gain access to the world’s premier employment market.
All included family members are authorized to work in the USA.
TEAs*: Rural & High Unemployment Area EB-5 Projects vs Non-TEA EB-5 Projects
* Targeted Employment Areas
| Key Considerations | Targeted Employment Area (TEA) EB-5 Projects: Rural Areas (including infrastructure projects) |
Targeted Employment Area (TEA) EB-5 Projects: High Unemployment Areas |
Non-TEA EB-5 Projects: |
|---|---|---|---|
| Minimum Capital Requirement | $800,000 (Reduced Amount) | $800,000 (Reduced Amount) | $1,050,000 (Standard Amount) |
| Fast-Track Processing | Yes – I-526 (conditional green card) petitions to be adjudicated within 120 days |
No – I-526 (conditional green card) petitions to be adjudicated in around 240 days | N/A |
| Visa Set-Asides | 20% (i.e. 2,000 visas for Rural EB5 Projects)
+ 2% (ie. 200 visas for EB5 infrastructure projects) |
10% (i.e. 1,000 visas for Non-Rural TEA EB-5 Projects) | N/A |
| Job Creation Requirements | 10 full-time positions | 10 full-time positions | 10 full-time positions |
A “High Unemployment Area” is defined as one that experienced an unemployment rate of 150% that of the national average unemployment rate at the time the EB-5 applicant commits their capital or files their EB-5 petition (Form I-526).
It’s now been almost two years since the EB-5 Reform and Integrity (RIA) Act came into effect, and a question we frequently get from Indian and Chinese investors is:
“How long are EB-5 Rural Visa applications taking to get processed?”
As of late April 2024, we’ve seen numerous reports from various EB-5 immigration firms confirming that their clients’ I-526E approvals were issued by USCIS in less than 12 months (11 months being the fastest instance we’re aware of).
In addition, a Freedom of Information Act (FOIA) request from the American Immigrant Investor Alliance (AIIA) sheds some further light on the uptake of EB5 Rural set-aside visas for the period April 1, 2022, and April 30, 2023:
According to the information obtained via this FOIA request, 377 I-526/I-526E applications were filed under the rural category, comprising 24% of the total.
Of these, 247 of the applicants were from China, and 57 from India.
|
EB-5 Source Market Data: Applications Per Country |
China | India | Vietnam | ROW | Total | Total % | |
|---|---|---|---|---|---|---|---|
| EB-5 Rural Projects | 247 | 57 | 7 | 66 | 377 | 24% | |
| EB-5 High Unemployment Projects | 429 | 180 | 68 | 413 | 1,090 | 69% | |
| EB-5 Infrastructure Projects | _ | _ | _ | _ | _ | 0% | |
| Non-TEA Projects | 23 | 15 | 3 | 72 | 113 | 7% | |
| Rural AND High Employment Projects | 2 | _ | 1 | 2 | 5 | 0% | |
| Total | 701 | 252 | 79 | 553 | 1,585 | 100% | |
| Total % | 44% | 16% | 5% | 35% | 100% |
Learn more about the benefits of Rural EB-5 Visas here, or contact us now for more information.
Eligibility Requirements
| Key Program Requirements | EB-5 Visa Program 2024 |
|---|---|
| Capital Investment Requirement | $800,000 (Rural & High Unemployment Area TEAs), OR; $1,050,000 (Non-TEA Regional Center Projects) |
| Job Creation Requirement | Create 10 Full-Time Jobs For US workers |
| Investment Criteria (Regional Center Option) |
Invest in a new US commercial enterprise for a minimum period of 2 years (down from 5 years+). |
| Clean Source Of Funds Requirement | The funds used to invest in an EB5 Regional Center project must have been derived through legitimate means, and can comprise of personal savings, the proceeds of selling a house or other assets, inheritance earnings, gifts, salaried income, a loan – or a combination of any of the above categories.
In addition to being expected to prove that every single dollar was sourced through legitimate means, you will also have to provide proof of the path of your funds, i.e. how each dollar arrived in the USA. |
| Funds “At-Risk” Criterion | To meet this criterion, your funds should be subject to a total potential loss – or to potential gain. This means that no qualifying EB-5 Project can guarantee your principle or a return on investment. |
| “Active Management” Requirement | Technically speaking, a qualifying EB-5 investment is NOT a fully passive one; you’re required to engage in the management of the new enterprise.
You can meet this requirement either by participating in the day to day management of the business, or by participating in company policy formulation. Proving the latter role is not difficult, and this is typically how EB5 Regional Center applicants can meet this requirement. |
Rural and High Unemployment TEA EB-5 vs “Standard” EB-5 Cost Breakdown (2024)
| Key EB-5 Visa Costs | TEA EB-5 Projects: Rural & High Unemployment Areas | Standard EB-5 Projects |
|---|---|---|
| Minimum Capital Commitment | $800,000 | $1,050,000 |
| Regional Center Admin Fee | $70,000-$80,000+ | $70,000-$80,000+ |
| EB-5 Lawyers’ Fees | $15,000-$20,000+ | $15,000-$20,000+ |
| Adjustment Of Status Fee | $3,675 | $3,675 |
| Form I-829 Petition Filing Fee | $3,750 | $3,750 |
| Document Translation & Courrier Fees | Variable | Variable |
| Travel and Relocation Expenses | Variable | Variable |
| Total Minimum Outlay | $892,425+ | $1,142,425+ |
The EB-5 Application Process
Why Choose Our Rural EB5 Energy Project in 2024?
ROI POTENTIAL WAY
BEYOND THE EB5 NORM
Property based EB5 projects typically offer a yield of around 1% per year. With our Rural EB5 energy project, you’re looking at potential PE-type returns…
ACCESS YOUR CAPITAL
IN JUST 2.5-3 YEARS
The minimum eligible investment period is 2 years. Based on rigorous project forecasts and financial modelling, the required job creation thresholds and ROI milestones will be met within two and a half years, enabling capital returns to commence in under three years.
SIGNIFICANT PROFIT
PARTICIPATION BEYOND EXIT
The benefits don’t stop once you’ve secured your green card and recouped your principal… Our EB5 investors enjoy significant profit participation, even after exiting their holdings in the project. We anticipate distributing an equal profit share to all EB5 investors at the end of Year 6.
ALL OF THE RURAL
EB5 BENEFITS
Our EB5 Rural Oil and Gas Project is a “best of breed” opportunity, offering: The lowest capital outlay ($800K); Immediate visa availability and set-asides; Faster I-526 processing… Plus higher social impact AND ~20X the projected yield of EB5 Real Estate projects (rural or urban).
BUILT-IN PRODUCT DEMAND
THAT WILL LAST FOR YEARS
Oil remains the primary energy source for power generation and most productive industries. And while renewables are still in their infancy, demand for oil will remain consistent for years to come. This built-in demand provides a strong foundation for investment, and reduces uncertainty.
A HIGHLY EXPERIENCED
TEAM OF INDUSTRY EXPERTS
Hailing from the Oil and Gas and EB5 Due Diligence sectors, the team behind this EB5 Rural Gas Production Project are all highly acclaimed industry practitioners. Visit our About Us page to meet the team and see who you will be working with throughout your EB5 application journey.