If you’re investigating the path to U.S. permanent residency offered by the EB-5 visa program, the first thing you’ll want to get clear on is what the project requirements are. What constitutes an EB-5 project? What are the options you have as an investor? Are there any ways around certain requirements? Can an H1-B visa holder take advantage of the EB-5 program? We’ll cover all the bases quickly in this article so you can start moving forward on your EB-5 visa goals as soon as possible.
Below, we will review six absolutely essential criteria your business or investment project will have to satisfy to be considered a valid EB-5 visa program project. We’ll also discuss a few options you have to for reducing the investment dollar amount and for avoiding the active engagement requirement. Lastly, we’ll discuss how partnering with Atlanta Partners Group can simply this process for immigrant investors, both current H1-B visa holders and investors still living in their home countries.
Looking to turn that H1-B visa into permanent residency? Atlanta Partners Group can help you use the EB-5 visa program to stay in the U.S. independent of any employer.
Investment Amount Requirements
Your first question most likely is, “How much will this cost me?” The answer is that you must contribute a minimum of $1.05 million to your EB-5 project. If you invest in a Targeted Employment Area (TEA), like the projects that Atlanta Partners Group (APG) specializes in, the investment threshold is lowered to $800,000. Depending on your project, you may or may not need to come up with the entire amount up front. You may also be able to obtain loans to make up the difference between the cash you have on hand and the investment requirement.
At-Risk Investment
Your investment capital must be “at risk” for the purpose of generating a return – just like any true investment. Essentially, this means that your investment must be subject to loss and cannot be guaranteed. Your EB-5 project investment and its assets cannot be used as collateral for any loans or financing you obtain for financing the project. These loans can be secured by other assets, such as other real estate or investment assets you personally own, but any assets for the EB-5 project itself cannot be used.
Lawful Source of Funds
It seems like it should go without saying, but the source of funds used for your EB-5 visa project must be from legal sources. Not only that, but you have to be able to prove the origin of the funds and provide a clear and concise paper trail for the USCIS (United States Citizenship and Immigration Service) when you file your visa paperwork. So whatever resources you plan to liquidate, transfer, or borrow to make your EB-5 investment, ensure that all of your paperwork demonstrating it was obtained legally are in order.
New Commercial Enterprise
According to USCIS regulations, EB-5 projects must be in a “new commercial enterprise established after November 20, 1990” or an existing enterprise that is being restructured or expanded in order to meet the investment criteria. Most immigrant investors choose the new business route as it can be more clear cut than restructuring or expanding an existing business. If you choose an existing business, be extra certain you’ve got knowledgeable attorneys and business advisors on your team. You don’t want to go through the expense, time, and effort only to discover that the USCIS won’t accept your project.
Job Creation Criteria
Another major criterion is job creation. Your EB-5 business project must create (or preserve, in the case of an existing business restructuring as described above) a minimum of 10 full-time jobs for U.S. workers. If you’re a direct investor, meaning you are not investing through a regional center, you can only count employees directly working for your business. This means they must be employees being managed by you (or by another employee of yours) who are on your payroll. It cannot include any indirect employment. If you invest with a regional center, indirect employment such as construction workers can be included in the job creation requirement.
Active Personal Engagement
For direct investors, you must not only be actively managing and engaged in the day-to-day business operations of your EB-5 project business, you must also be able to prove that you are doing so. When you submit your Form I-526 to the USCIS the details of your active involvement must be clearly outlined in your business plan. If you’re not interested in active involvement, you can choose to invest with a regional center like Atlanta Partners Group. Regional center investors are not required to fulfill the active engagement requirements.
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APG and the H1-B Visa Holders Advantage
If you’re already in the United States on an H1-B visa, you’re probably familiar with the stress and anxiety that comes with having your residency tied to an employer. You and your family have built a life in the U.S., but a single round of layoffs could change all of that. There is good news, though. You can take the H1B to EB-5 visa journey and achieve permanent U.S. residency. That means you can live and work anywhere in the U.S. You can even choose self-employment. The relief that comes with knowing your life isn’t subject to corporate whims can’t be understated.
That’s why we at Atlanta Partners Group (APG) love working with immigrants currently on H1-B visas. We’ve worked hard as a qualified regional center to create a program that H1-B visa holders can use to improve their lives and the lives of their families through the EB-5 visa program. You’ve already got the advantage of being in the United States on your side. You’ve got resources available to help make you successful, including APG. Here’s why H1-B visa holders love working with APG.
Ready-Made EB-5 Visa Projects
One of the biggest benefits of working with APG, a USCIS approved regional center, is that all of our business ventures are specifically designed and created to meet the EB-5 visa program requirements. This means our investors don’t have to spend months or years designing their own project, ensuring that it will qualify, then going through the whole business creation process on their own.
TEA Projects
Another advantage of investing with APG is that we specialize in TEA projects. The USCIS permits a reduced investment minimum – currently $800,000 – for projects located in rural and/or high unemployment areas. This savings of over $200,000 makes the EB-5 program more affordable for H1-B visa holders seeking an EB-5 visa, as well as immigrants in other stages of their journey.
Experienced Partners
When it comes to completing successful EB-5 visa projects, APG has been there, done that. And we’re doing it again. Our investors see our track record of higher-than-average return EB-5 projects and confidently move forward toward their own EB-5 visa goals knowing we’re on their side. Having an experienced partner makes the whole program easier, faster, and more reliable.
Your Green Card May Be Closer Than You Think
Achieving permanent residency in the U.S. is a goal for many around the world, from H1-B visa holders to those still living and working in their home countries. But the complexities of the EB-5 visa program and its many requirements discourage many would-be investors from moving forward. With APG and the regional center program, this should no longer be an obstacle. With ready-made investment projects tailored to meet the USCIS EB-5 program requirements, and the experience to back it up, APG is making permanent residency a reality for immigrant investors. Contact us today to learn more about our current project offerings and take a bold step toward securing you and your family’s future here in the United States.
