How to Secure Your U.S. Green Card Through EB-5 Investment

Back November 22nd, 2024 Colin Behring

What Is the EB-5 Investment Program

The EB-5 Investment Program offers an effective pathway for foreign investors to secure a U.S. green card by making a qualifying investment that supports U.S. economic growth. This program, managed by the U.S. Citizenship and Immigration Services (USCIS), requires investors to fund projects that generate jobs, ultimately benefiting the U.S. economy.

It’s a popular choice for those looking for a straightforward way to achieve permanent residency without the need for family or employer sponsorship. Behring offers EB-5 investors strategic EB-5 investment opportunities that align with the program’s goals, helping you achieve your green card faster and with confidence.

One such opportunity is Behring’s RISE Fund, a USCIS-approved EB-5 investment, backed by U.C. Berkeley student housing and multifamily apartments in the San Francisco Bay Area. With 14 assets across the East Bay, the RISE Fund delivers stable returns and expedited performance, making it an ideal choice for investors seeking secure, high-quality EB-5 investment opportunities.

This article will guide you through the essentials of EB-5 investment, including requirements, project types, and the steps to secure a green card.

Benefits of Securing a Green Card Through EB-5 Investment

The EB-5 program offers significant advantages, especially for families. Successful applicants and their families—spouses and children under 21—can obtain green cards, granting them the right to live and work anywhere in the U.S. The green card also provides access to the U.S.’s robust healthcare system, top educational institutions, and the opportunity to apply for citizenship after five years. For investors seeking to establish a life in the U.S., EB-5 investment offers a powerful and direct path to the freedoms and opportunities of U.S. permanent residence.

EB-5 Investment Requirements

To qualify for the EB-5 program, investors must meet several requirements, beginning with the minimum investment amount. Currently, this amount is set at $800,000 for projects in Targeted Employment Areas (TEAs) and $1.05 million for non-TEA locations.

This investment must generate at least 10 full-time jobs for U.S. workers, either directly or indirectly. Additionally, the capital must be directed toward a new commercial enterprise or an existing troubled business. These criteria ensure that the investment not only benefits the investor but also contributes positively to the U.S. economy.

Types of Projects Suitable for EB-5 Investment

The EB-5 program allows investors to choose from a range of project types, each offering unique advantages. Real estate developments, including residential and commercial properties, are popular because they meet job creation requirements through construction-related employment.

Other options include infrastructure projects, which support regional economic growth, and hospitality ventures like hotels and resorts. Selecting the right type of project can align the investment with the investor’s personal interests and financial goals.

The U.S. government designates regional centers as economic units that promote growth in a particular area. Upon approval as a regional center for inclusion in the Immigrant Investor Program, that regional center’s projects are suitable for EB-5 investment.

Behring operates its own approved regional center, Behring Regional Center. Behring’s EB-5 projects available for investment include multifamily residential apartments in the San Francisco Bay Area.

How to Choose the Right EB-5 Investment Project

Choosing the right EB-5 project is crucial to the success of the investment. Investors should evaluate the project’s potential for job creation, its location, and the reputation of the regional center overseeing it.

Projects located in TEAs qualify for a lower investment threshold, which may accelerate the approval process. It’s also important to review the financial transparency, job-creation estimates, and exit strategy, as these factors impact both the security and profitability of the investment. A well-researched choice can minimize risks and ensure a smoother path toward residency.

Behring offers projects and financial structures that align with one of three different strategies, as follows.

  • Max Protection: Loan-style investments for a conservative risk profile. The Max Protection offerings provide Behring Regional Center’s strongest set of investor protections and guarantees to minimize investment risk and prioritize return of capital
  • Basic Income: Preferred equity investments with a balance of risk and return. The Basic Income offerings provide investors with a stronger income profile than debt-style Max Protection investments while limiting its risk compared to common equity.
  • Wealth Builder: Common equity investments aimed at maximizing growth. The Wealth Builder offerings provide investors with the highest potential return profile, with higher level of relative risk compared to debt-style Max Protection investments and Basic Income preferred equity investments.

For further analysis, see our blog article How to Find & Select the Best EB-5 Project to Invest In or schedule a call with Behring’s team to discuss which investment profile is right for you.

The Process of Securing Your Green Card Through EB-5 Investment

Securing a green card through EB-5 investment involves several steps:

Step 1: Select Your EB-5 Investment Project

Begin by choosing a suitable EB-5 project, ideally through a reputable regional center. Gather all required documentation to demonstrate compliance with USCIS requirements.

Step 2: Engage with an EB-5 Immigration Attorney

Engage an immigration attorney who specializes in EB-5 to help prepare your source of funds report and prepare your EB-5 filings.

Step 3: Make the Required EB-5 Investment

Invest the required amount in your selected EB-5 project. Watch Behring Co. Guide to EB-5 Due Diligence to learn what you need to know to make an informed decision about your EB-5 investment.

Step 4: File Form I-526E and Adjust Status or Apply for an EB-5 Visa

The EB-5 immigration process begins with filing Form I-526E to establish eligibility through an approved investment in a qualifying project. If an immigrant visa is immediately available, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, either concurrently with your I-526E, while its pending, or after its approval. Concurrent filing allows you to apply for Employment Authorization Document (EAD) and Advance Parole (AP) along with your I-485.

Once Form I-526E is approved, there are two options to proceed: either file Form DS-260 with the U.S. Department of State to obtain an EB-5 visa if applying from abroad, or, if not already filed, submit Form I-485 to adjust status to a conditional permanent resident within the United States. Upon I-485 approval or entry into the U.S. with an EB-5 visa, USCIS grants conditional permanent residency for two years to the investor and derivative family members.

Step 5: File Form I-829 to Remove Conditions

To remove the conditional status, you must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, within the 90-day period before the second anniversary of gaining conditional residency. Upon approval of Form I-829, USCIS removes the conditions, granting full permanent resident status to both the investor and any included dependents.

EB-5 Investment Success Stories

Many investors have achieved success through the EB-5 program, creating legacies in the U.S. by choosing impactful EB-5 projects.

We believe that one of the best ways to understand the value and potential of an EB-5 investment with Behring is by hearing directly from those who have experienced it. To offer a deeper understanding of the potential and value of an EB-5 investment with Behring, we’ve gathered testimonials from some of our previous EB-5 investors who graciously shared their stories with us.

Take a moment to hear their stories, learn about their journey with us, and understand the impact of their EB-5 investment and immigration decisions by watching the playlist of Behring’s EB-5 Investor Testimonials below:

Securing Your Future in the U.S. Through EB-5 Investment

The EB-5 program offers an exciting opportunity for investors to secure a green card while contributing to the U.S. economy. By understanding the program requirements, evaluating the risks, and selecting the right project, investors can make a lasting impact and build a foundation for their future in the United States. Schedule a call with our team to explore your EB-5 investment options and start your journey toward U.S. residency.

Frequently Asked Questions (FAQs)

The minimum investment is $800,000 in Targeted Employment Areas (TEAs) and $1.05 million outside these areas. Historically, all of Behring’s EB-5 investment opportunities have qualified for the $800,000 minimum investment threshold.

While the EB-5 program can be a valuable investment for those seeking U.S. residency, careful project selection is essential due to associated financial risks. Behring offers different investment structures to help EB-5 applicants choose an investment that fits with their risk-return goals.

Many projects aim to return capital after completion, but investment repayment depends on the project’s exit strategy and financial health.

EB-5 investment risk varies by project. Factors include the project’s location, economic viability, and management. Behring offers EB-5 investment options designed for different risk levels, including debt-style, preferred equity, and common equity options

Schedule a Call with Behring’s Team of EB-5 Experts to Get Started Today

Schedule a call and learn about EB-5, our investment opportunities, processing time estimates, cost estimates, financing options, attorney recommendations, and more!

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