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EB5 visas: Permanent investors

 This category of immigrant visa is mainly aimed at candidates who have significant investment funds at their disposal. This category is primarily used by citizens of countries like India and China, who would not have access to permanent residency in the United States through other means. That said, all foreign investors have the possibility of being candidates. A maximum quota of 10,000 visas per year is available to all candidates. 

In short, the EB5 category has two distinct cases: 

A/EB5 linked to a Regional Center (a*) 

B/EB5 direct and independent (b*)


Cases (a*) are established on an investment fund linked to a Regional Center (RC) where the EB5 investment amount conditions are $900,000 (instead of $1.8M) and where the creation of 10 qualified jobs per investor is carried out by the RC. 

Cases (b*) are established through an independent company financed by the investor. The amount depends on the geographic location of the investment location. 10 direct qualified employees per investor are required. 

In the 2 cases above, funds from several investors can be brought together to make the entire investment. 

Ex (a*): $9M project, 200 jobs created (direct and indirect), 10 EB5 investors with each $900,000 invested. 

Ex (b*): $2.5M project, 20 direct jobs created, 2 EB5 investors, each $900,000 invested in a TEA zone (rural area or area with high unemployment rate). The project manager obtains a loan of the difference beyond the share of the EB5 investors to finance the project.  

Ex (b*): $6M project, 30 direct jobs created, non-TEA zone, Investment per investor $1.8M, 3 EB5 investors. 

This is just a brief example of the possibilities offered by the EB5 category. 

I only get involved with stand alone applications. 

The time frame for reviewing EB5 files is very long. You must therefore be well prepared before sending a file to avoid approval delays often linked to a request for additional information not submitted during the initial application.  

Given the long duration before first approval which is approximately 56 months (February 2024) the E2 visa remains a viable temporary option. 

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