The EB-5 Immigrant Investor Program allows foreign investors to obtain a U.S. green card (lawful permanent residence) by investing in a U.S. commercial enterprise. To qualify, investors must:

• Invest a minimum of $1,050,000, or $800,000 if investing in a targeted employment area (TEA).
• Create or preserve at least 10 full-time U.S. jobs for qualifying employees.
• Pass background checks and source-of-funds verification.

The EB-5 Reform and Integrity Act of 2022 (RIA) introduced key changes to improve oversight, prevent fraud, and make the program more accessible. Some key changes include:

• Reauthorization until September 30, 2027 (providing stability to the program).
• Increase in minimum investment amounts ($800,000 for TEA projects and $1,050,000 for others).
• More oversight on Regional Centers (entities that pool EB-5 investments).
• Set-asides for rural, high-unemployment, and infrastructure projects, increasing investment options.
• Concurrent filing for Adjustment of Status (allowing investors already in the U.S. to stay while their EB-5 application is processed).

The EB-5 program is currently authorized until September 30, 2027, due to the EB-5 Reform and Integrity Act of 2022.

A green card holder through EB-5 can apply for U.S. citizenship after 5 years of permanent residency, provided they:

• Have physically lived in the U.S. for at least 30 months out of those 5 years.
• Have continuously resided in the U.S.
• Demonstrate good moral character.
• Pass the English and U.S. civics tests.

Holding a U.S. green card (permanent residence) comes with several advantages, including:

• Live and work anywhere in the U.S. without restrictions.
• Travel freely in and out of the U.S. (with some limitations on extended stays abroad).
• Pathway to U.S. citizenship after five years.
• Access to U.S. healthcare, education, and social benefits.
• Sponsor certain family members for green cards.
• Protection under U.S. laws.

The EB-5 process, involving the processing of Forms I-526, I-485, and I-829, can vary depending on the workload of different USCIS service centers and other case-specific factors. USCIS regularly updates estimated processing times for each form on its website, providing investors with general guidelines. Investors from countries with backlogs may face longer processing times. Please contact us at investor@hc2capital.com to evaluate your timeline according to your specific case.

The EB-5 Reform and Integrity Act of 2022 introduced the option for concurrent filing, allowing investors to file both Form I-526 (Immigrant Petition by Alien Investor) and Form I-485 (Application to Register Permanent Residence or Adjust Status) simultaneously. This provision enables investors already in the United States on a valid visa to apply for adjustment of status without waiting for the approval of their I-526 petition.

Benefits of Concurrent Filing:

1. Faster Access to Benefits
   Investors can obtain work and travel authorization while their petitions are pending, expediting their ability to live and work in the U.S.
2. Streamlined Process
   Concurrent filing reduces the overall waiting time, as both applications are processed in parallel.
3. Flexibility for Investors in the U.S.
   This option is particularly advantageous for investors already residing in the United States, as it allows them to maintain lawful status while awaiting approval of their green card application.

By incorporating this option, the EB-5 program offers greater convenience and efficiency for eligible investors.

Applying for the EB-5 program involves several fees, which include:

1. USCIS Filing Fees (As of Jan 2025)
   • Form I-526 (Immigrant Petition by Alien Investor): $3,675
   • Form I-485 (Application to Register Permanent Residence or Adjust Status): $1,225 (includes biometric services fee)
   • Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status): $3,835
2. Administration Fees
   • Investors working with a regional center may be required to pay administrative fees, which typically range from $65,000 to $80,000, depending on the project.
3. Legal Fees
   • Legal representation for preparing and filing EB-5 applications usually costs between $15,000 and $25,000.
4. Other Costs
   • Costs related to sourcing and documenting the lawful origin of funds, such as accountant fees or document translation services, may apply.

Investors should be prepared to cover these costs in addition to their investment amount to ensure a successful EB-5 application.

Below an overview of the process to obtain a green card through the EB-5 Visa Program. Click here to download a detailed timeline.

Step 1: Prepare source of funds documents and invest in selected EB-5 Investment project

• Review and sign the offering documents
• Funding $800,000 (Targeted Employment Area) or $1,050,000 (non-TEA) investment capital and administrative fee.

Step 2: File Form I-525 or I-526E form with USCIS and Receive Approval

• If you are already in the US studying / working under a valid visa over 90 days, at the time of the Form I-526E filing, you will be eligible for concurrent filing. File Form I-485 and work and travel authorization, which allows you to remain in the U.S., and to work and travel in and out of the U.S. while your Form I-526E is pending.

Step 3: Adjust Status and Receive Conditional Green Card

• Once the I-526E petition is approved:
  • Inside the U.S.: adjust status to receive the Conditional Green Card.
  • Outside the U.S.: Apply for an immigrant visa at a U.S. consulate through the National Visa Center. Attend an interview, and upon approval, enter the U.S. to receive the Conditional Green Card.

Step 4: Maintain Conditional Residency

• Conditional permanent residency is valid for two years.
• During this period:
  • Fulfill the investment and job creation requirements.
  • Ensure all legal obligations are met.

Step 5: File Form I-829 (Petition to Remove Conditions) and Receive Approval

• Within the final 90 days of the two-year conditional period, file Form I-829.
• Submit evidence proving:
  • The investment was sustained.
  • The required jobs were created or will be created within a reasonable timeframe.

Step 6: Receive Permanent Green Card

• If Form I-829 is approved, USCIS grants you and your family permanent resident status.
• You can now live, work, and study anywhere in the U.S. without restrictions.

Step 7: Path to Citizenship (Optional)

• After five years of permanent residency, including the two years of conditional residency, you may apply for U.S. citizenship through naturalization.

You can contact the HC2 Capital team by emailing us at investor@hc2capital.com.
Our hours of customer support are between 9 AM – 5 PM CST, Monday through Friday.