EB-5 Visas: Becoming a Permanent Resident

Specialist in Emigration by Investment to the USA

As leader in US investment, business and innovation emigration streams. Sterling Migration partners with emigration-compliant investment funds, Business advisory firms and TEA’s across the USA. 

We provide a complete, tailored emigration solution to match your requirements.

 Who Benefits From Our Emigration by Investment Solutions

 Our clients include young families, Small and medium-sized business owners, Private high-net-worth individuals and FTSE 100 corporations. Along with those from the world of music, sports, and entertainment.
 
Whoever you are, you can be confident that we will manage your case with the utmost care.

Benefits of the EB-5 Program

The United States of America is able to provide a raft of benefits, making the EB-5 programme one of the most desirable emigration-by-investment schemes in the world:

Access to US education and healthcare systems

Opportunities to live and work in the United States

A pathway to US citizenship

The freedom to travel unrestricted in and out of the United States

Access to a stable and flourishing economy

Number of Investor Visas Granted

The number of EB-5 visas issued annually remains restricted, typically resulting in heightened demand for these visas. In 2023, the United States Citizenship and Immigration Services (USCIS) granted 4,409 EB-5 places.

 

“For peace of mind and protection, place your emigration plans in safe hands.”

The Requirements

No language skills required

No minimum education required

No business or managerial experience required

Investment capital can come from a gift, inheritance, business ownership or any other lawful activity

No obligation to live in the area of investment

The opportunity to live, work and study anywhere in the U.S. and benefit from lower tuition fees

Inclusion of dependent children under the age of 21

Qualifications

To qualify for the program, applicants must fulfill one of the investment options below in addition to meeting the following criteria:

Be at least 21 years of age

Show legal source of assets and funds

Applications to the program must be made through the prescribed forms and must be accompanied by the appropriate fees and supporting documents. In addition to the usual personal documentation, the requisite documentation includes medical reports, vaccination records, certified police clearance certificates, and any court records that the applicant may have. On average, applicants receive their initial conditional green cards anywhere between 12 and 36 months. The filing for the conditional green card to be converted into a regular green card is done two years later.

Investors’ spouses and unmarried children under 21 years of age may apply for green cards as derivative applicants and are not required to make further financial contributions but must submit their own paperwork.

Permanent residents can settle anywhere in the USA, but they have limited visa-free or visa-on-arrival access when compared to other countries.

To be eligible for citizenship, green card holders must have lived continuously in the USA for at least five years prior to naturalization. They must further show that they have been physically present in the USA for at least 30 months out of the five years immediately before filing for naturalization and must be able to read, write, and speak basic English. Other than a civics test, minimal additional conditions are required in order to obtain citizenship.

 

Book your free consultation today

The Steps

Initial Consultation 

Sterling Migration will evaluate the individual requirements and tailor our advice to provide the most suitable Regional Center and business to invest in.

Invest $800,000 into an Approved EB-5 Project

Once an EB-5 investor has selected their preferred project, investment funds must be transferred into an escrow account.

Submitting I-526 Petition

To establish an investor’s eligibility for classification as an EB-5 Immigrant Investor, our immigration lawyers file the initial application, called the I-526 petition, with the USCIS.

The I-526 petition must provide proof of investment and verify that the enterprise will create the necessary number of jobs.

Applying for Conditional Permanent Residency

If the I-526 petition is approved, Sterling Migration proceed with the documentation for a two-year Conditional Green Card. If the I-526 petition is denied, investment funds will be returned in accordance with the terms of the Regional Center partnership agreement.

Conditional Permanent Residency Approval

Once an applicant has been approved as an EB-5 investor, they and their qualifying family members receive Conditional Green Cards valid for two years. If not already present, they must enter the US within 180 days.

Submitting I-829 Petition

The final step in the EB-5 visa process is to become an unconditional permanent resident by removing the two-year conditional status. Between months 22-24 of the EB-5 investor conditional period, our immigration lawyers file the I-829 petition. This is supported by documents proving the EB-5 visa requirements have been met and at least 10 jobs have been created.

Unconditional Permanent Residency Approval

The investor and eligible family members receive a permanent Green Card if the I-829 petition is approved.

All applicants, including the investor, their spouse, and unmarried children under the age of 21, may then permanently live and work in the United States and may apply to become US citizens after a five-year period from the date initial conditional residency began.

Our Services

Selecting The Right Option

Our team quickly identify the correct pathway.

Sourcing Opportunities

Across the USA

Preparing Your Case

Ensuring a successful outcome

Faster Processing

Residency within 12 months

Few Requirements

No Skills, Qualifications or experience required

Citizenship

The whole family are eligible after After 5 years

Book your free consultation today

Frequently Asked
Questions

EB-5 Investors are now enjoying 3-8 month I-526E processing times in Rural TEA-designated projects! Currently, approved rural investors have realized an average 5-month I-526E processing time, with some reported cases as low as 3 months.

On 15th March 2022, the Biden administration passed the EB-5 Reform & Integrity Act (RIA) of 2022. The law requested USCIS, the government agency that oversees lawful immigration, to reduce the processing time for I-526E Petitions under what is termed “Priority Processing” for Rural TEA Designated Projects. Rural areas are defined as towns with less than 20,000 people located in a county that does not have a metropolitan statistical area. Non-rural EB-5 investments will continue to be processed under normal processing, there have not been any I-526E Approvals post-RIA so it is unknown how long non-rural petitions will take to be processed.

Proper documentation of the source of funds is critical, and funds required for the investment may include, but are not limited to:

  1. Accumulation of salary
  2. Earnings from business ownership
  3. Proceeds from the sale/mortgage of real estate property
  4. Gift
  5. Inheritance
  6. Loans—you can utilise them, and they are asset-secure best practice loans. Funds can be sourced from anywhere in the world if they legally belong to the investor.

The Project has multiple ways to secure the EB-5 Investors and their Capital Contributions. Each Project serves as an EB-5 lending entity that has provided financing in the form of a secured loan for the project’s Development. The investment is structured through three interconnected agreements: the Project Loan Agreement, the Promissory Note, and the Deed of Trust.

Once the Investor’s EB-5 process has run its course, CTP has multiple options to monetize the Project and return the loaned

capital back to the EB-5 Investors according to the terms of the Project Loan Agreement. Those options include, but are not limited to:

  1. Refinancing through the Government Sponsored Enterprises (“GSE’s”) of HUD, FHA, FNMAE, and Freddie Mac and the Section 232 program.
  2. Selling the Project
  3. Repayment via Operational Revenue
  4. Refinancing through a traditional commercial loan

An EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time positions for at least 10 qualifying employees.

For a new commercial enterprise located within a Regional Center, the new commercial enterprise can directly or indirectly create full-time positions.

Direct jobs establish an employer-employee relationship between the new commercial enterprise and the persons it employs.

Indirect jobs are held outside of the new commercial enterprise but are created because of the new commercial enterprise.

Rather than count 10 hired employees, the USCIS allows Regional Centers to use multiple economic impact formulas to connect money spent on a project with the number of jobs created. This means if the money is spent on the project as specified the jobs are created and are permanent.

The US Concurrent Filing Process is available for some people who are already living in the United States or have a pre-existing visa for staying in the country. Concurrent filing is the process of submitting multiple applications for immigration benefits simultaneously.

In the context of EB-5 immigration, it refers to filing an I-526E petition and an I-485 application for adjustment of status at the same time. This process allows the applicant to remain in the U.S. while their EB-5 petition is being processed.

Book your free consultation today

We use cookies to give you the best online experience. Please let us know if you agree to all of these cookies.