EB-5 Visa | Ace Liberty

EB-5 VISA PROGRAM

The EB-5 Immigrant Investor Program provides foreign nationals and their families with a pathway to U.S. permanent residency through qualifying investment in American businesses. Established by Congress in 1990 to stimulate economic growth through job creation and capital investment, the program requires investors to contribute either $1,050,000 in a standard commercial enterprise or $800,000 in a Targeted Employment Area (TEA)—regions designated as rural or experiencing high unemployment. The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years. Successful applicants receive green cards for themselves, their spouse, and unmarried children under 21, leading to permanent residency and eventual eligibility for U.S. citizenship.

INVESTMENT OPTIONS

Option 01 - Direct Investment

Direct investment involves creating or investing in a new commercial enterprise that you actively manage and operate. Applicant is directly responsible for the day-to-day business operations, hiring employees, and ensuring the creation of at least ten full-time jobs. This option provides complete control over your investment but requires hands-on involvement in business management and direct job creation through your enterprise.

Option 2- Regional Center Investment

Regional Centers are USCIS-designated organizations that sponsor capital investment projects in specific geographic areas. By investing through a Regional Center, you take a passive investment approach where professional fund managers handle project operations, business management, and job creation requirements on your behalf. This option allows for indirect and induced job creation (jobs created through economic multiplier effects), offers diversification across multiple projects, and eliminates the need for active business management—making it the preferred choice for most EB-5 investors seeking a streamlined, professionally managed pathway to residency.

BENEFITS OF EB-5 VISA

Permanent Residency for the Entire Family: Green cards for you, your spouse, and unmarried children under 21
No Sponsor Required: Self-petition without the need for employer or family sponsorship
Live Anywhere in the U.S.: Freedom to reside, work, and conduct business in any state
Path to U.S. Citizenship: Eligibility to apply for naturalization after five years of permanent residency
World-Class Education: Access to public schools and in-state tuition rates at U.S. colleges and universities for your children
No Language or Educational Requirements: No English proficiency tests or minimum education qualifications
Business Flexibility: Ability to work for any employer, start your own business, or choose not to work
Travel Freedom: Maintain international mobility while building your life in the United States
Investment Return Potential: Opportunity to receive your capital back after the conditional period, depending on project performance

EB-5 VISA STATISTICS

The U.S. State Department and USCIS processed an average of about 10,000 EB-5 visa applications or petitions annually.
The visa approval rating is approximately 80%

TIMELINE AND PROCESSING DURATION

Total Timeline: 4-6 Years (to Unconditional Green Card)

The EB-5 process typically unfolds in the following timeframe:

I-526/I-526E Petition Processing: 12-24 months for USCIS approval

Consular Processing or Adjustment of Status: 6-12 months to receive conditional green card

Conditional Permanent Residency Period: 2 years while maintaining investment and demonstrating job creation

I-829 Petition Processing: 6-12 months to remove conditions and obtain unconditional green card

Citizenship Eligibility: Available after 5 years of permanent residency (3 years from unconditional green card approval).

VISA STAGES

Stage 1: Conditional Permanent Residency (2 Years)

Upon I-526/I-526E petition approval and completion of consular processing or adjustment of status, you and your family receive conditional green cards valid for two years. During this period, you must maintain your qualifying investment at risk in the commercial enterprise and demonstrate that the required ten jobs have been created or preserved. You have full rights to live, work, study, and travel in the United States, but your residency status remains conditional pending fulfillment of all program requirements.

Stage 2: Unconditional Permanent Residency

Within the 90-day window before your conditional green card expires (typically 21-24 months after receiving it), you file Form I-829 to remove conditions. This petition requires evidence that your capital investment has been sustained throughout the conditional period and that job creation requirements have been met. Once USCIS approves your I-829 petition, you receive an unconditional permanent green card with no expiration-related restrictions, valid for 10 years and renewable indefinitely. At this point, you may also receive your initial capital investment back, depending on your project terms.

Stage 3: U.S. Citizenship

After holding permanent residency for five years (counting from when you first received conditional status), you become eligible to apply for U.S. citizenship through naturalization. The naturalization process requires demonstrating continuous residence in the United States, physical presence for at least 30 months during the five-year period, good moral character, basic English proficiency, and knowledge of U.S. history and government. Upon approval, you take the Oath of Allegiance and receive full citizenship rights, including voting privileges and a U.S. passport.

VISA CONSULAR PRCESS: STEP-BY-STEP GUIDE

Step 1: Select Your Investment

We work with you to research and choose between direct investment or Regional Center investment. We then conduct thorough due diligence on business opportunities or Regional Center projects, reviewing business plans, financial projections, job creation strategies, and track records.

Step 2: Make Your Qualifying Investment

Transfer the required capital ($800,000 for TEA or $1,050,000 for standard areas) from legitimate sources into the new commercial enterprise or Regional Center project. Gather comprehensive documentation proving the lawful source of your investment funds.

Step 3: File Form I-526E or I-526

Submit the immigrant petition to USCIS with complete documentation including business plans, financial records, organizational documents, job creation evidence, and proof of lawful source of funds. Pay the required filing fees.

Step 4: Wait for USCIS Approval

USCIS reviews your petition (typically 24-36 months). Respond promptly to any Requests for Evidence (RFEs). Upon approval, your case moves forward to the National Visa Center (NVC).

Step 5: National Visa Center (NVC) Processing

Complete the DS-260 Immigrant Visa Application online for yourself and each family member. Pay visa processing fees. Submit civil documents (birth certificates, marriage certificates, police certificates, medical examination results) and supporting financial documentation to the NVC.

Step 6: Attend Visa Interview

Schedule and attend your immigrant visa interview at the U.S. Embassy or Consulate in your country of residence. Bring all original documents, passport photos, and additional evidence as requested. The consular officer will review your application and ask questions about your investment and background.

Step 7: Receive Immigrant Visa

If approved, receive your immigrant visa stamp in your passport. You must enter the United States within the visa validity period (typically 6 months). Your conditional green card will be mailed to your U.S. address within 2-3 weeks of entry.

Step 8: Maintain Investment and File I-829

Live in the United States with conditional permanent resident status for two years. Maintain your investment at risk and ensure job creation requirements are fulfilled. File Form I-829 within the 90-day window before your conditional green card expires to remove conditions.

FAQs

What is a Targeted Employment Area (TEA)?

A TEA is either a rural area or a region experiencing unemployment of at least 150% of the national average. Investing in a TEA reduces the required investment amount to $800,000 (compared to $1,050,000 for non-TEA investments).

Can my children be included in my EB-5 application?

Yes, unmarried children under 21 years of age can be included as derivative beneficiaries. However, be mindful of "aging out"—if your child turns 21 before receiving the green card, they may lose derivative eligibility.

Do I need to speak English to qualify for the EB-5 visa?

No, there are no language requirements for the EB-5 visa. However, basic English proficiency is required later if you choose to apply for U.S. citizenship.

Can I get my investment money back?

Potentially, yes. After you receive your unconditional green card and fulfill all EB-5 requirements, you may be able to exit your investment and recover your capital, depending on the terms of your investment agreement and project performance.

What happens if my I-526 petition is denied?

If your petition is denied, your investment should be returned according to your subscription agreement terms. You may have the option to appeal the decision or refile with additional documentation. We work closely with our immigration attorney to understand your options.

Am I required to live in the same state where I made my investment?

No, you can live anywhere in the United States regardless of where your EB-5 investment is located. The program does not restrict your choice of residence.

How do I prove the lawful source of my investment funds?

You must provide comprehensive documentation showing how you earned or acquired your investment capital through legal means. This includes tax returns, business ownership records, employment income, inheritance documents, property sales, gifts, or other legitimate sources with a clear paper trail.

What is the difference between direct and indirect job creation?

Direct jobs are positions created directly by the new commercial enterprise (employees on the company's payroll). Indirect jobs are created through Regional Center investments based on economic models showing jobs generated in related industries and through spending multiplier effects. Regional Center investors can count both direct and indirect jobs toward the ten-job requirement.

Can I work while on a conditional green card?

Yes, conditional green card holders have full work authorization in the United States. You can work for any employer, start your own business, or choose not to work at all.

What are the main risks of EB-5 investment?

Key risks include potential loss of capital if the business fails, denial of your immigration petition if requirements aren't met, project delays affecting job creation timelines, and longer processing times due to visa backlogs. Thorough due diligence and working with experienced professionals help mitigate these risks.