Background

The U. S. Immigrant Investor Program (“EB-5”) was created by Congress in 1990 to encourage the investment of foreign capital into the American economy. This program makes it possible for an investor and his/her family to obtain permanent residence (Green Card) in the United States by either investing in the creation of a business or in the development of an existing enterprise in the United States.

Each year, 10,000 EB-5 visas are available through the program. The program has become very popular — for investors, EB-5 represents a relatively reliable means of obtaining a green card; for Regional Centers, EB-5 represents a source of financing for a variety of commercial projects. When the minimum investment amount was $500,000, the number of EB-5 investors mushroomed, peaking in 2015–2017 when more than 12,000 petitions were submitted annually. The number of approved Regional Centers also exploded, with nearly 800 approved Regional Centers throughout the United States. More than 95% of EB-5 investments are made through Regional Centers, with billions invested and hundreds of thousands of jobs created and supported.

Although the minimum investment has been increased to $800,000, the reauthorization of the EB-5 Regional Center program through September 30, 2027 has put it back on firm legal ground, creating the predictability and stability that investors desire.