U.S. Citizenship by Investment program

1、Classification of EB-5 visas

USCIS administers the EB-5 Immigrant Investor Program, which was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a program first enacted as a pilot in 1992 and periodically reauthorized since then, investors can also qualify for EB-5 classification by investing through regional centers designated by USCIS based on recommendations to promote economic growth.  On March 15, 2022, President Biden signed the EB-5 Reform and Integrity Act as part of the Omnibus Appropriations Bill of 2022 (Public Law 117-103), which creates new requirements for EB-5 immigrant visa categories and regional centers.  Immigrant visas are authorized under the Regional Center Program and are valid until September 30, 2027.

 

 EB-5 Immigrant Investor Program

USCIS administers the EB-5 program. Under the program, investors (and their spouses and unmarried children under the age of 21) are eligible to apply for lawful permanent residency (to become green card holders) if:

① Make necessary investments in U.S. commercial enterprises; and

② Plans to create or retain 10 permanent full-time jobs for qualified U.S. workers.

The program, known as EB-5, is the name for the employment-based fifth priority visa that participants receive.

Congress created the EB-5 program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program, which reserves EB-5 visas for participants who invest in USCIS-approved commercial enterprises associated with regional centers, based on proposals to promote economic growth.

 

2、 E-2 Treaty investors

An alien entitled to enter the United States under the provisions of a treaty of commerce and navigation between the United States and the foreign country to which the alien belongs, or, if the alien acquired the relevant nationality through a financial investment and has not previously acquired status under this subparagraph, An alien of whom the alien is a national and who has resided continuously for not less than 3 years at any time, at the point of time prior to applying for a nonimmigrant visa under this subparagraph, and the spouse and children of any such alien, if accompanying or accompanying the alien to join;

 

To qualify for the E-2 classification, treaty investors must:

① Be a national of a country with which the United States maintains a treaty of commerce and navigation;

② Has invested in a real business in the United States or is actively investing substantial capital; and

③ The sole purpose of seeking entry into the United States is to develop and direct investment businesses.  This is determined by showing at least 50% ownership of the business or having operational control through management positions or other company equipment.

An investment is a treaty investor placing capital (including funds and/or other assets) at risk in a commercial sense in order to generate profit. If the investment fails, the capital must suffer a partial or total loss. Treaty investors must prove that the funds were not obtained directly or indirectly from criminal activity.

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