Making a Partial EB-5 Investment
Deciding If a Partial EB-5 Investment Is the Right Option
How Partial Investments Benefit EB-5 Investors
The EB-5 investment program offers many benefits to foreign nationals who are eager to relocate to the United States. Qualified investors who infuse capital in a business that creates at least ten U.S. jobs can become eligible to receive a green card. Their immediate family members are also usually eligible for permanent residence under the same investment. And after five years, they can all apply for U.S. citizenship.
Launched in 1990, the EB-5 program is as beneficial to the U.S. economy as it is to foreign investors. The new jobs and businesses created by this program boost the national economy without putting stress on U.S. tax dollars. Perhaps one of the most appealing parts of the EB-5 program to entrepreneurs seeking visas, however, is its flexibility regarding investment capital. Many potential participants are aware that United States Citizenship and Immigration Services (USCIS) allows EB-5 investors to use virtually any legal source of funds.
In addition, some EB-5 projects allow for partial investments. In these instances, investors can provide EB5 capital in installments over time. But how exactly do these partial investments work?
Making a Partial EB-5 Investment
When a foreign national applying for a partial EB-5 investment is approved, they are agreeing to provide a set amount that is considered the initial investment. They will then pay the remaining investment installments incrementally over an established schedule. This is usually a timeline of 6 to 12 months in which they can pay off the remaining balance.
As of March 2022, the minimum investment requirement for EB-5 projects located in targeted employment areas (TEAs) is $800,000.
If the full amount of $800,000 is not paid in full within the established timeframe, the project will liquidate the pledged funds. This is handled through a promissory note from the investor to the EB-5 project, which gives the project legal rights over the promised assets. The interest in assets pledged as part of the partial investment plan must total at least as much as the amount of capital paid in installments.
Partial EB-5 investments are considered an irrevocable commitment. They require a great deal of documentation and an examination of the pledged funds. Moreover, if the EB-5 project cannot enforce its promissory note, USCIS may reject a partial investor’s I-526E petition.
Deciding If a Partial EB-5 Investment Is the Right Option
Partial investments make the EB-5 program more accessible for interested individuals worldwide. Foreign nationals who cannot provide $800,000 in EB-5 capital in one payment might still be eligible to make a partial EB-5 investment and obtain an EB-5 visa. The first step to starting the EB5 investment process is to find an immigration attorney who can help identify suitable EB-5 projects.
EB5AN and Beshara Global Migration Law Firm presented a joint webinar explaining how to make a partial EB-5 investment. Interested foreign nationals can watch the webinar to gain a better understanding of this EB-5 financing option.
How Partial Investments Benefit EB-5 Investors
Partial investment can be especially beneficial for EB-5 investors who would like to immigrate to the United States as soon as possible but cannot provide the entire investment of $800,000 at once.
In addition, the EB-5 Reform and Integrity Act of 2022 allows EB-5 investors to file Form I-526E concurrently with Form I-485, which is used to adjust a non-resident visa holder’s immigration status. This means that EB-5 investors who already hold a non-immigrant visa can make a partial EB-5 investment today, submit the I-526E and I-485 petitions, and adjust their immigration status immediately.
Doing so can grant EB-5 investors many of the benefits of a U.S. Green Card even before obtaining one. This provision can also grant investors employment authorization in approximately six months.
Holders of an H-1B, L-1, E-2, F-1, or TN visa should consider making a partial investment and filing forms I-526E and I-485 concurrently, especially if their visas are close to expiration. If EB-5 investors already hold non-immigrant visas and file their petitions concurrently, they will also be able to avoid delays associated with consular processing.
Of course, EB-5 investors will have to prove in their I-526E petitions that the entire amount of $800,000 is irrevocably committed toward the EB-5 project. And if investors fail to provide the full amount within the established timeframe, their I-526E petitions may be denied.
For information on how to begin the EB-5 immigration process, email EB5AN at info@EB5AN.com or schedule a one-on-one call today.
