EB-5 U.S. Investor Immigration
The EB-5 investor immigration program allows investors and their families to obtain U.S. permanent residence by lawfully investing a qualifying amount in a U.S. business and creating at least 10 jobs in the United States. Unlike employment-based immigration, it does not require a U.S. employer sponsor and is based on the applicant's own capital investment.
About EB-5
The EB-5 investor immigration program allows investors and their families to obtain U.S. permanent residence by lawfully investing a qualifying amount in a U.S. business and creating at least 10 jobs in the United States. Unlike employment-based immigration, it does not require a U.S. employer sponsor and is based on the applicant's own capital investment.
The minimum EB-5 investment amount varies by location: 1) Standard areas: USD $1,050,000 2) TEA-designated areas, including high-unemployment or rural areas: USD $800,000 The investment must be made into a New Commercial Enterprise.
After the investment is completed and the I-526E (or I-526) petition is approved, the permanent residence process begins. Investors first receive a two-year conditional green card, and the conditions are removed at the two-year mark once investment maintenance and creation of 10 jobs are proven.
What Is a Regional Center?
A Regional Center is an EB-5 project operating entity designated and supervised by USCIS to promote economic growth and job creation in a specific region. By investing through a Regional Center project, the EB-5 requirement of 10 jobs per investor can include not only direct jobs but also indirect and induced jobs, making it the most widely used structure in practice.
Since the 2022 Reform and Integrity Act (RIA), the Regional Center program has been reauthorized with significantly strengthened disclosure, oversight, and compliance requirements. Most EB-5 programs pursued from Korea are selected and processed through Regional Center projects.
Investment Risks You Should Know
Under immigration law, EB-5 capital must be at-risk capital, so principal repayment cannot be guaranteed.
For that reason, it is essential to review the project structure, collateral and repayment plan, and the track record of the developer and operator from both immigration and investment perspectives.
Every EB-5 project introduced by DaeYang Immigration Law Group is presented only after thorough review by experts.
DaeYang Exclusive service
DaeYang's Dedicated EB-5 Investor Immigration Team Service
DaeYang's dedicated EB-5 team provides one-stop management from project suitability review and source-of-funds planning to I-526E/I-829.
We systematically support source-of-funds documentation and Regional Center project risk analysis.
Because EB-5 investments must remain at risk, repayment of principal cannot be guaranteed, but we pursue the highest possible recovery potential.
EB-5 Benefits
The immigration process is relatively short, usually around 1 to 2 years.
You may live and relocate freely anywhere in the United States.
Children can benefit from free public education, reduced tuition costs, easier employment opportunities, and expanded access to medical and dental schools after obtaining permanent residence.
There are no qualification requirements for the investor's education, career, age, or English ability.
Through thorough review, the potential for recovering the investment principal can be significantly increased.
Eligibility
1. Invest in a New Business
An EB-5 investment must be made into a new, ongoing, for-profit business in the United States. There are no restrictions on the operating business structure, which may include sole proprietorships, partnerships, corporations, joint ventures, or holding companies.
2. Minimum Investment Amount and Eligible Assets
Minimum Investment Amount
The EB-5 investment amount is USD $1,050,000 for direct investments. For most Korean EB-5 investors investing in high-unemployment Targeted Employment Areas (TEA), the amount is USD $800,000.
What Is a Targeted Employment Area?
A Targeted Employment Area is either 1) an urban area with unemployment at least 1.5 times the U.S. national average, as designated by the government, or 2) a rural area located outside a city with a population of 20,000 or more.
Eligible Assets
Eligible assets can include almost all tangible assets such as cash, equipment, products, and securities. Assets jointly owned with a third party other than a spouse are excluded. Bank loans may be used, but loans secured by the new U.S. business are not eligible. Source-of-funds documentation is a critical part of the EB-5 process, and DaeYang's source-of-funds specialists help clients quickly identify and document lawful sources of funds before proceeding.
3. Create 10 New Local Jobs
The creation of 10 new jobs must be completed by the end of the second year, when the conditions on permanent residence are removed, and the jobs must be full-time positions. The employees must already hold lawful employment status regardless of the investor's business at the time of hiring. The investor's family members and nonimmigrant visa holders such as E-2 or H-1 visa holders are not counted.
Important Notes
Investment capital must be lawful funds obtained through proper procedures, and the investor must prove that the funds were acquired through lawful business, salary, investment returns, gifts, inheritance, or other lawful means.
EB-5 investments must satisfy the immigration law requirement of at-risk capital, so repayment of principal cannot be guaranteed. However, DaeYang's dedicated EB-5 team can maximize the potential for capital recovery by proceeding with projects that have been thoroughly analyzed and reviewed for structure, repayment plan, developer track record, and job creation feasibility.
To remove the conditions on conditional permanent residence, the investor must prove that sufficient investment was made in the business, either USD $1,050,000 in a standard area or USD $800,000 in a TEA, and that the requirements for removal of conditions have been satisfied. This includes not only the investment amount but also job creation, so the employment requirements must be carefully reviewed. Whether the business can continue in the future may also be considered in the removal of conditions.