For high-net-worth individuals around the globe, the dream of obtaining permanent residency in the United States has often been pursued through investment-based immigration pathways. Often referred to as the “US Golden Visa,” the EB-5 Immigrant Investor Program offers a route to a Green Card by investing in a U.S. business that creates jobs for American workers.1 However, understanding the precise requirements and price of this program is crucial for potential investors. This comprehensive guide will delve into the intricacies of the EB-5 visa, clarifying eligibility criteria, investment thresholds, and the overall process for those seeking to make the United States their permanent home through investment.
It’s important to clarify that the term “US Golden Visa” is not the official name of any specific visa category in the United States.2 Instead, it’s a colloquial term often used to describe investment-based visas, primarily the EB-5 Immigrant Investor Program administered by United States Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS). This article will focus on the EB-5 program as the primary pathway that aligns with the concept of a “US Golden Visa.”
Table of Contents
Demystifying the EB-5 Program: The Real “US Golden Visa”
The EB-5 program was established by the U.S. Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.3 It provides a method for eligible immigrant investors to become lawful permanent residents—and ultimately U.S. citizens—by investing a requisite amount of capital in a commercial enterprise in the United States that creates or preserves at least ten full-time jobs for qualified U.S. workers.4
- Job Creation Requirement: A cornerstone of the EB-5 program is the requirement that the new commercial enterprise (NCE) created by the investor’s capital must create or preserve at least ten full-time positions for qualifying U.S. workers (defined as U.S. citizens, lawful permanent residents, or other immigrants authorized to work in the U.S.). This job creation must occur within two years of the immigrant investor’s admission to the United States as a conditional permanent resident, or under certain circumstances, within a reasonable time thereafter.5
- Investment Capital: The EB-5 program mandates a minimum qualifying investment in a new commercial enterprise.6 The amount of capital required depends on whether the investment is made in a Targeted Employment Area (TEA) or not.7 A Targeted Employment Area (TEA) is defined as a rural area or an area that has experienced unemployment of at least 150 percent of the national average unemployment rate.8
- Investment in a TEA: The current minimum investment amount for projects located in a TEA is $800,000. This lower threshold is intended to incentivize investment in areas with higher unemployment or in rural communities.
- Investment Outside of a TEA: For projects located outside of a TEA, the current minimum investment amount is $1,050,000.
It’s crucial for potential investors to understand these investment thresholds and whether their chosen project qualifies as being within a TEA. Information regarding TEA designations can often be found through state government resources or by consulting with experienced immigration attorneys and regional centers.
Detailed Requirements for the EB-5 “US Golden Visa”
To be eligible for the EB-5 program, potential investors must meet several key requirements set forth by USCIS.9
- Lawful Source of Funds: Investors must demonstrate that their investment capital was obtained through lawful means.10 This requires providing comprehensive documentation tracing the funds from their origin, which can include business profits, inheritance, gifts, or other legitimate sources.11 USCIS scrutinizes the source of funds rigorously to prevent illicit capital from entering the U.S. economy.12
- Investment in a New Commercial Enterprise (NCE): The investment must be made in a “new commercial enterprise,” which is defined as any for-profit activity formed after November 29, 1990. This can include:
- The creation of an original business.
- The purchase of an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results.
- The expansion of an existing business resulting in at least a 40 percent increase in the net worth or number of employees.
- “At Risk” Investment: The investor’s capital must be “at risk,” meaning it is subject to the possibility of loss and is not guaranteed to be returned.13 The investor cannot enter into any agreement that guarantees the return of their capital or provides a predetermined rate of return. This requirement ensures that the investment is genuinely contributing to the U.S. economy.14
- Job Creation: As previously mentioned, the investment must lead to the creation or preservation of at least ten full-time jobs for qualifying U.S. workers.15 If the investment is made in a troubled business (one that has existed for at least two years and has incurred a net loss of at least 20 percent of the company’s net worth in the 12 to 24 months prior to the priority date on the immigrant investor’s Form I-526), the requirement is to preserve the existing number of employees for at least two years at the pre-investment level.
- Filing Form I-526, Immigrant Petition by Alien Investor: The first step in the EB-5 process is typically the filing of Form I-526 with USCIS.16 This petition demonstrates that the investor meets the eligibility criteria, including the lawful source of funds and the intent to invest in a qualifying commercial enterprise. You can find detailed information and the form itself on the USCIS website at https://www.uscis.gov/i-526.
Understanding the Price Tag: Costs Associated with the EB-5 Visa
The “price” of the US Golden Visa through the EB-5 program goes beyond just the minimum investment amount.17 Potential investors need to be aware of several other significant costs.
- Minimum Investment Amount: As detailed earlier, this is either $800,000 for investments in TEAs or $1,050,000 for investments outside of TEAs.
- USCIS Filing Fees: Filing Form I-526 comes with a significant fee payable to USCIS.18 As of the latest updates, this fee is $3,675. Additional fees will be required at later stages of the process, such as the filing of Form I-485 (Application to Register Permanent Residence or Adjust Status) or the immigrant visa application processing fees at a U.S. embassy or consulate abroad. You can find the most current fee schedule on the USCIS website at https://www.uscis.gov/fees.
- Legal and Attorney Fees: Navigating the complexities of the EB-5 program typically requires the assistance of experienced immigration attorneys. Legal fees can vary widely depending on the attorney’s experience and the complexity of the case but can range from $15,000 to $50,000 or more. Choosing a qualified attorney who specializes in EB-5 visas is a critical investment in the success of your application.
- Economic Consultant and Due Diligence Costs: Investors often hire economic consultants to assess whether a project qualifies as being in a TEA and to conduct thorough due diligence on the new commercial enterprise. These services can incur additional costs.19
- Regional Center Fees (if applicable): Many EB-5 investors choose to invest through USCIS-approved regional centers.20 These centers manage investment projects that pool capital from multiple EB-5 investors. Regional centers typically charge administrative or management fees, which can range from $40,000 to $70,000 or more. You can find a list of approved regional centers on the USCIS website at https://www.uscis.gov/eb-5/find-eb-5-projects/eb-5-immigrant-investor-regional-centers. Investing through a regional center can offer advantages such as indirect job creation counting towards the ten-job requirement.21
- Translation and Document Preparation Costs: Applicants will likely incur costs for translating foreign language documents and for preparing the extensive documentation required to demonstrate the lawful source of funds.
- Medical Examination and Other Fees: As part of the immigration process, applicants and their dependent family members will need to undergo a medical examination by a USCIS-designated physician. There will also be fees associated with this examination and potentially other administrative tasks.22 Information on medical examinations can be found on the USCIS website.
Therefore, the total “price” of obtaining a Green Card through the EB-5 program can easily exceed the minimum investment amount by tens of thousands of dollars, making it a significant financial undertaking.
The EB-5 Process: A Step-by-Step Overview
The EB-5 process involves several key stages that applicants must navigate carefully.23
- Consultation with an Immigration Attorney: It is highly recommended to begin by consulting with an experienced immigration attorney who can assess your eligibility and guide you through the complex process.
- Identification of a Qualifying Investment Project: Investors need to identify a new commercial enterprise that meets the program’s requirements, either by directly establishing a business or by investing in a project through a regional center. Thorough due diligence on the project is crucial.
- Demonstrating Lawful Source of Funds: Gathering and documenting the lawful source of your investment capital is a critical step that requires meticulous record-keeping.24
- Filing Form I-526: Once an investment is identified and the source of funds is documented, the investor files Form I-526 with USCIS, along with supporting evidence.25
- I-526 Petition Approval: If USCIS approves the I-526 petition, the next steps depend on whether the investor is already in the United States.
- Applicants Outside the U.S.: Will proceed to the National Visa Center (NVC) for immigrant visa processing and an interview at a U.S. embassy or consulate in their home country.26 Information about the NVC can be found on the Department of State’s website.
- Applicants Inside the U.S.: Can file Form I-485 to adjust their status to conditional permanent resident if they are in a valid non-immigrant status.27
- Conditional Permanent Residency: Upon approval of the immigrant visa or the I-485 application, the investor and their eligible family members are granted conditional permanent residency for a two-year period.28
- Job Creation Fulfillment: During the two-year conditional residency period, the new commercial enterprise must create the required ten full-time jobs (or preserve jobs in a troubled business).29
- Filing Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status: Within the 90-day period before the two-year conditional residency expires, the investor must file Form I-829 with USCIS to demonstrate that the job creation requirement has been met and that the investment was sustained throughout the conditional residency period.30 You can find more details about this form on the USCIS website at https://www.uscis.gov/i-829.
- Removal of Conditions and Permanent Residency: If USCIS approves the I-829 petition, the conditions on the investor’s permanent resident status are removed, granting them lawful permanent residency in the United States.31
- Path to Citizenship: After holding permanent residency for a required number of years (typically five), EB-5 investors may be eligible to apply for U.S. citizenship through the naturalization process.32 Information on naturalization can be found on the USCIS website at https://www.uscis.gov/citizenship.
The Role of AM Global in Assisting with US Visa Aspirations
While AM Global primarily focuses on Indian passport and select international visa services, understanding the requirements for complex visas like the EB-5 is part of providing comprehensive information to our clients with global mobility aspirations. For those in India considering the US Golden Visa (EB-5 Program), it’s crucial to seek expert legal counsel specializing in U.S. immigration law.
- Initial Guidance and Information: AM Global can provide initial information and guidance regarding the general concepts and requirements of the EB-5 program based on publicly available resources. You can contact us at +91-9999-422-422 or email us at amglobal.org@gmail.com for preliminary inquiries.
- Referral to Specialized Legal Counsel: Given the complexity and high stakes involved in the EB-5 process, AM Global can help connect you with reputable U.S. immigration attorneys who specialize in EB-5 visas and have a proven track record of success.
It’s important to note that AM Global does not directly provide legal services for U.S. immigration. For comprehensive legal assistance with your USA visa or US Golden Visa aspirations, especially the EB-5 program, we strongly recommend consulting with a qualified U.S. immigration attorney.
FAQ Section on the US EB-5 Visa (“”US Golden Visa””)
Q1: What is the minimum investment required for the EB-5 visa?
A: The minimum investment is currently $800,000 for projects in a Targeted Employment Area (TEA) and $1,050,000 for projects outside of a TEA.
Q2: Does investing the minimum amount guarantee a Green Card?
A: No. Meeting the investment requirement is only one part of the eligibility criteria.33 USCIS must also approve your I-526 petition, and the new commercial enterprise must create the required jobs.34
Q3: Can my family members also get Green Cards through my EB-5 investment?
A: Yes, your spouse and unmarried children under the age of 21 can typically be included in your EB-5 petition and may also receive conditional permanent residency.35
Q4: How long does the EB-5 process typically take?
A: The processing times for the EB-5 visa can vary significantly depending on various factors, including USCIS processing backlogs and the specific investment project. It can often take several years from the filing of the I-526 petition to the removal of conditions on permanent residency. You can check current processing times on the USCIS website.
Q5: What is a USCIS-approved regional center?
A: A USCIS-approved regional center is a private or public economic unit that is involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment. Many EB-5 investors choose to invest in projects sponsored by regional centers.36
Related Topics for Future Reading
- EB-5 Regional Center Program: A deeper dive into the structure and benefits of investing through a USCIS-approved regional center.
- Immigrant Investor Program Office (IPO): Information about the USCIS office that administers the EB-5 program. You can find more on the USCIS website.
- Form I-526 Processing Times: Stay updated on the current processing times for the initial EB-5 petition.
- Visa Options for Investors: Explore other potential investment-based visa options in different countries.
Conclusion: Navigating the Path to US Residency Through Investment
The US Golden Visa, primarily represented by the EB-5 Immigrant Investor Program, offers a pathway to U.S. permanent residency for foreign investors willing to make a substantial capital investment in a job-creating enterprise.37 While the requirements and price are significant, for many, the opportunity to live and work permanently in the United States, along with their families, makes it a worthwhile endeavor. Understanding the intricacies of the program, including the investment thresholds, job creation mandates, and the multi-stage application process, is crucial for success. Potential investors are strongly advised to seek guidance from experienced U.S. immigration attorneys to navigate this complex landscape effectively.
Disclaimer: This article provides general information about the EB-5 Immigrant Investor Program, often referred to as the “US Golden Visa.” Immigration laws and regulations are subject to change, and it is essential to consult with a qualified U.S. immigration attorney for personalized legal advice. AM Global does not provide legal services for U.S. immigration. Please refer to the official USCIS website (https://www.uscis.gov/) for the most current and accurate information.
Affiliate Disclosure: This article does not contain affiliate links related to the EB-5 program or U.S. immigration services, as these are highly specialized legal services. For travel-related services to the USA, you may find helpful resources on platforms like Skyscanner.
Contact AM Global:
For initial inquiries and referrals to qualified U.S. immigration attorneys regarding USA visa options, you can contact AM Global.
Official Website: https://amglobal.org
Contact Number: +91-9999-422-422
Email: amglobal.org@gmail.com
