EB-5 Visa Overview

The Immigration Act of 1990 created the employment-based fifth preference, or EB-5 immigrant investor category. Under the EB-5 provisions, approximately 10,000 visas were made available each year to immigrants seeking to enter the U.S. for the purpose of:

1. Investing in a new commercial enterprise;
2. In which the immigrant has invested, or is actively in the process of investing, a qualifying amount of capital, currently not less than $500,000;
3. Which will create at least 10 full-time jobs for persons other than the investor’s immediate family. 

The EB-5 Reform and Integrity Act of 2022 (“RIA 2022) which was enacted on March 15, 2022 made extensive changes to the EB-5 program. With some notable exceptions, “legacy” EB-5 investors who filed their I-526 petitions before the enactment of RIA 2022 are subject to EB-5 rules and procedures established before the enactment of the new law.

Preliminary Decisions For Prospective Eb-5 Investors

Important preliminary decisions and assessments that prospective EB-5 investors must make prior to making their investment and filing the I-526E petition (or I-526 petition for “direct” investors) include:

• Deciding between investing with other EB-5 investors in a regional center project or a investing in “direct“ (or “standalone”) project which may be a “self-managed” project
• Assessing the immigration compliance of a project
• Assessing the financial risks and commercial viability of a project
• Determining the availability of evidence required to adequately document the lawful source of capital to be invested

These important preliminary decisions and assessments should be made in consultation with competent and experienced professionals.

Experienced Legal Counsel Is Necessary

While the EB-5 visa program is an attractive path to U.S. lawful permanent resident status for many prospective immigrants, the EB-5 provisions are complex and continuously evolving. Success in the process requires competent representation throughout the process by experienced immigration counsel and, in most cases, the assistance of licensed financial experts and other allied professionals.

The attorneys at the Law Offices of Robert P. Gaffney have over 35 years of experience providing exceptional service and creative solutions for clients around the globe, helping individual and corporate clients meet their business and investment immigration needs.

Contact Us For Expert Service And Effective Solutions

Contact our offices through our online form or by calling 415-503-9653 to schedule a consultation with one of our attorneys.