Your Guide to the EB-5 Immigrant Investor Visa Program

What is an EB-5 Visa?

The EB-5  immigrant investor program is a highly beneficial permanent residence option for wealthy individuals. For many foreign nationals, it is the best option, and for foreign nationals with no family or employment sponsorship in the U.S., it may be the only option for obtaining permanent residence status.

Employment-based, 5th Category EB-5 allows you, your spouse, and your unmarried children under the age of 21, the opportunity to live and work in the United States of America.

The EB-5 Visa category is designed to provide you with a pathway to U.S. Citizenship, through investment. Currently, as of March 15, 2022, the amount of investment is $800,000 (in Targeted Employment Areas and Rural Areas) and $1,050,000 elsewhere (non-TEA zones).
Congress has approved these amounts for the next five years starting March 15, 2022.

Do I qualify for an EB-5 Investor Visa?

Submit our 3-minute and straightforward EB-5 questionnaire and we will evaluate your potential EB-5 case.

Why Lawmaks?

Unlike traditional US law firms, Lawmaks has offices in US and UAE to conveniently assist EB-5 clients throughout the Middle East, North America, and around the world.

We offer our clients the most suitable and compatible EB-5 project. Whether you choose a direct $1,050,000 or reduced $800,000 EB-5 investment opportunity, our attorneys can file the I-526 Petition with USCIS and manage the entire immigration process.

At the completion of the two-year conditional permanent resident card (“Green Card”), our lawyers also handle the I-829 Petition (Removal of Conditions).  

Additionally, our lawyers can assist Regional Centers and potential EB-5 developers with project structuring, Regional Center designation, as well as USCIS/SEC compliance. 

EB-5 program advantages

Investors and derivatives will qualify for U.S. Passports and become naturalized after 5 years of presence in the United States (5 years upon entry with a U.S. Green Card).

  • No special requirements for education, experience, or language skills.

  • Sponsorship is not required from either an employer or a family member.

  • Investor can choose any State he or she wishes to reside in.

  • Investor and derivative family members have permission to work and/or study in the United States upon entry first entry with Immigrant Visa Stamp.

  • Investor can establish or get involved in any type of business in the United States in addition to any EB-5 investments, immediately upon first entry with Immigrant Visa Stamp.

Is EB-5 for me?

Parents looking for a better future for their children. Those who are looking for better schools and universities where their children may thrive.

  • Individuals looking to become US Citizens (EB-5 allows for you to become a naturalized US person and to obtain US Passport).

  • Expats whose present country of residence does not offer them long-term Citizenship options.

  • Individuals looking to invest and in return obtain a safer environment to live in and grow their families.

  • People who want to get out of their country because of uncertainties such as financial and/or social crises.

  • Business owner having existing business outside the U.S. who is looking for more productivity and growth and expansion into the U.S. markets.

  • Existing business owners looking for more business opportunities and tools.

  • Individuals looking for better medical services and healthcare.

  • Students obtaining higher education who want to ensure a better future upon completion of their studies.

  • Less expensive university options (i.e. loan or grants) may be available for legal permanent residents.

  • People looking for more job opportunities.

  • People looking for higher standards of living.

  • Ideal for nationals whose country does not have the Treaty Trade Agreement with the US, allowing them the option for E-1/ E-2.

  • Ideal for business savvy entrepreneurs looking for more opportunities.

  • Inventors looking to patent their invention in the United States and reside here thereafter to oversee their invention’s growth.

  • Doctors taking their USMLE exam would have a higher change of being matched for hospital Residency programs.

  • Expats whose present country does not offer them long-term Citizenship options.

  • Anyone not eligible for any other kind of visa.

  • People who want to work in financial sectors like NY stock Exchange, or who may be interested in obtaining US government jobs, and want to have a stronger standing in the US.

EB-5 vs E-2 & L-1 Visa

Side-by-side comparison of Investment options in the U.S.

E-2L-1EB-5 (Regional Center)EB-5 (Direct)
Investment Amount (USD)No minimum.
Any amount sufficient to buy or create a business		No minimum.
Any amount sufficient to buy or create a business		$800,000 at TEA* zone

$1,050,000 outside TEA		$800,000 at TEA* zone

$1,050,000 outside TEA
Gifted InvestmentYesYesYesYes
Borrowed Investment (Loan)Yes (certain rules apply)Yes (certain rules apply)Yes (certain rules apply)Yes (certain rules apply)
Investment LocationAnyAnyTEA (Targeted Employment Areas) or outside TEATEA (Targeted Employment Areas) or outside TEA
Job Creation RequirementsNot required. However, investor must
follow the Business Plan closely		Yes. Investor must follow the Business Plan closely10 direct or indirect jobs10 direct jobs (more difficult to make direct jobs
Investor’s RoleInvestor has the option to hire a manager. Otherwise must be involved in day to day operationsManagement/ Executive/ Key EmployeeNo active role requirementInvestor has the option to hire a manager.
Otherwise must be involved in day to day operations
Option to purchase an existing companyYesYesN/AYes, must add 10 full-time jobs
Investor’s Overseas Employment RequiredPrefer to have similar business as with E-2 entityYes, 1 year out of the last 3-yearsNoPrefer to have managerial experience (option to hire a manager)
Country (Passport Specific)Yes. Must be from a Treaty CountryAny (if foreign business is in certain countries like Iran there are restrictions)All countries qualifyAll countries qualify
Required to have company outside United StatesNoYesNoNo
Timeline**Usually 2-4 months4-6 months.
Expedited, 15 business days is available		Avg. 2-Years
Nationality Specific		Avg. 2-Years
Nationality Specific
U.S. Green Card (LPR)May convert to EB-5
only if investment grows.
May also qualify under EB-1C (consult U.S. lawyer)		Managers & Directors may qualify for LPR after 1-yr of entry under EB-1C (consult U.S. lawyer)Yes, upon entryYes, upon entry
Fast TrackYes, if change status in US;
No if filing from abroad
Yes (optional) for USCIS approval, followed by regular Consular processing (if abroad); if changing status available for the petition, after which application for adjustment of status if in the USNoNo
1st Visa Issuance2-years (most nationals)Depends on the type of L-1
(consult U.S. lawyer)
Starts with 2-years conditional LPRStarts with 2-years conditional LPR
Maximum LengthRenewable as long as the business is running.
Children over 21 do not qualify for renewal
5- 7 years (consult U.S. lawyer).
Children over 21 do not qualify for renewal		Permanent, upon approved I-829Permanent, upon approved I-829
Who is considered Investor’s Family (Derivative)Spouse & Unmarried Children under 21Spouse & Unmarried Children under 21Spouse & Unmarried Children under 21Spouse & Unmarried Children under 21
Can Your Derivative work?YesYesYesYes
Can Your Derivative Attend School/University?YesYesYesYes
Employment for investorImmediately upon entryImmediately upon entryImmediately upon entryImmediately upon entry

*TEA: Targeted Employment Area refers to “a rural area” or an area that has experienced unemployment of at least 150% of the national average rate; TEA zones are determined by USCIS, beginning Nov/22/2019

**Average processing time from the receipt dates. Subject to change without further notification.

Call our Dubai office now for a free consultation:
+971 4 518 2500

EB-5 Application: Timeline and Process

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Pick Your Attorney

Consult with him/her regarding your source of funds

Pick Your Project

Contact the project or your Agent

Your Attorney Contacts Your Project / Agent

Get your attorney involved with your project or agent and start gathering documents

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Execute a contract with the project

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Transfer of Funds

Transfer the admin fee and investment amount to the project's escrow account after having the confirmation from the project

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USCIS Filing

Your attorney files for you in USCIS, and provides you with the receipt and file number. Average Processing Time by USCIS: 14-18 months

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RFE: Request for Evidence (if applicable)

Providing and processing time: 90-120 days

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Inside the US: USCIS Processing

Inside the US: USCIS Processing

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Change of Status Applications

Consular Processing: Average 4-6 months

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Biometrics + Medical in United States

Medical Exam

You will receive Change of Status Letter In about 5-months

Interview appointment

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Enter the US: You will receive the welcome package

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You will receive your temporary Green Card

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Permanent Green Card

Eligible to Apply after 21 months; takes about 3-years to process

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You will receive your permanent Green Card

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File for your US citizenship

5 years from the issuance date of your 1st Green Card

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US Passport

***This is proprietary information and subject to change and should not be considered as legal advice. This provides a very general outlook in the scope of work. Please consult a professional US Attorney if you choose to move forward***

Our Latest EB-5 Approvals

FAQs

  • Anyone with legal Source of Fund.

  • There are two main investment options: Direct and In-Direct (Regional Center)

  • 10,000 Visas each fiscal year.

  • The required investment amount is either $800,000 in targeted employment area (TEA) or $1.05 million elsewhere.

  • Yes.

  • EB-5 investment has to be “at-risk” by definition.

  • Depends on the project and usually it’s minimal.

  • Only for Direct investment you need to take a direct managerial role, however you have the option of hiring a business manager as well.

  • Yes, 10 full time jobs until obtaining your permanent green card.

  • Approximately 2 to 3 years as of now. (subject to change anytime)

  • No.

  • Generally, No.

  • Generally, No.

  • Pick your attorney.

  • Best time is to complete your investment before filing.

    Investment should be on a project or your own business.

  • If you operate your own business, you might end-up living nearby.

  • Minimum 30 months out of 60 consecutive months. (Last date of your exit and entry should not be more than 12 consecutive months.)

  • Yes.

  • Yes.

  • It’s based on your income. Please consult a Tax Attorney or a CPA (Certified Public Accountant)

  • An EB-5 green card is the same as any conditional two-year green card. You will be required to remove conditions on residence within 90 days of the two-year anniversary of when you are granted your conditional green card. It allows you to live and work anywhere in the United States. You may purchase medical insurance and obtain medical treatment like any other permanent resident.

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