EB-5: Fast Alternative for U.S. Permanent Residency

EB-5: Fast Alternative for U.S. Permanent Residency
September 12, 2016

The EB-5 Immigrant Investor program allows investors and their spouse and children to obtain U.S. permanent residency (green cards) by making a $500,000 investment into a U.S. business.  Currently, it takes 1.5 to 2 years for EB-5 investors and their dependents to receive U.S. permanent residency (2.5- 3 years for mainland China -born investors).


Compared to the long queue faced by most beneficiaries waiting for their EB-2 or EB-3 priority dates to become current, EB-5 is a much faster alternative, which may result in other benefits:


  1. Reduced tuition for college-bound children;
  2. Permanent residency for children before they age-out (at 21); and
  3. Control over the green card process: loss of employment and employer change will no longer impact work authorization or the GC process.


For employees who are already under employer sponsorship (EB-2 or EB-3), we note that filing an EB-5 petition does not impact the EB-2/EB-3 process.  Both may be pursued in parallel.  Therefore, applicants may pursue EB-5 for a faster path to permanent residency and continue with their employer-sponsored EB-2/EB-3 petition to qualify for post-6th year H-1B extensions.  In most cases, EB-5 applicants will receive their green cards much sooner.


Another helpful feature is that EB-5 investors who invest through a Regional Center do not need to be actively involved in the management of the investment, and therefore, can maintain full-time employment completely unrelated to their EB-5 investment.  Choosing a reliable EB-5 Regional Center and investment project is a complicated process and requires experienced legal counsel.  Contact your ILG attorney or eb5@immigrationlawgroup.net to get started.