Who Benefits Most From the EB-5 Visa?

The EB-5 is an employment-based visa that grants permanent residency to foreign nationals who invest at least $800,000 in a new commercial enterprise and create jobs for ten qualified U.S. workers.

The minimum investment requirement for targeted employment area (TEA) projects is $800,000, compared to $1,050,000 in other regions. The EB-5 Reform and Integrity Act of 2022 (RIA) also mandates the U.S. Citizenship and Immigration Services (USCIS) to prioritize the processing of petitions based on rural EB-5 investments. This has resulted in significantly shorter processing times than other alternatives.

These shorter processing times make rural investments ideal for those seeking faster permanent residency, especially for specific groups who may find the EB-5 visa an ideal option.

In this article, we’ll look at the advantages of the EB-5 visa and the most common categories of candidates who benefit from it.

Individuals Stuck in Backlogged Visa Categories

The EB-5 visa may be a great solution for foreign nationals stuck on long EB-2 and EB-3 visa waitlists. Due to increased demand and limited quotas, the backlog for EB-2 and EB-3 visas remains ever-growing, especially for Chinese and Indian applicants.

For example, recent visa bulletin data shows that only Indian nationals who filed their EB-3 petition before August 22, 2012, are eligible for Green Card issuance. Indian nationals who recently applied for EB-2 and EB-3 visas may have to wait several decades to receive their Green Cards.

Chinese applicants also face a large employment-based visa backlog. The final action dates for Chinese applicants are February 1, 2020, for EB-2, and September 1, 2020, for EB-3.

However, there are currently no backlogs in EB-5 set-aside categories. This current status, combined with priority processing, can help Indian and Chinese applicants receive their Green Cards in less than a year.

F-1 Students Who Want to Stay in the U.S. After Graduation

The EB-5 visa offers F-1 student visa holders a way to remain in the U.S. after their studies without employer sponsorship. It is one of the fastest pathways for international students to get permanent residency in the U.S.

Students who want to stay in the U.S. after their studies need to change their visa status. A common option is employer-sponsored visa categories, but fresh graduates may find it hard to compete in the job market due to a lack of work permits. And only a few employers are willing to go through the hassle of sponsoring foreign employees. So, many international students often have to return to their home countries after graduation.

On December 20, 2023, USCIS updated its policy guidance for nonimmigrant F and M student visas, which are “single intent” visas requiring students to maintain the intent to leave the U.S. after their academic program. The new guidance clarifies that F and M visa holders can submit an immigrant visa petition without violating their visa conditions, as long as they have a foreign residence to return to. This, along with the concurrent filing option provided by RIA, means F1 students can apply for their EB-5 visas while still studying. They can also file for employment authorization, travel permit, and adjustment of status along with their EB-5 petition, benefiting from Green Card privileges while waiting for approval.

H-1B Visa Holders or Applicants Who Need a Better Alternative

Many people apply for the H-1B visa lottery each year, but with limited visas available, many don’t get selected. The H-1B visa allows foreign workers in specialized fields to work in the U.S. temporarily but comes with challenges like high demand, limited quotas, and restrictions on family members’ employment.

The H-1B visa is highly sought after, especially in the tech industry. However, recent large-scale layoffs have heavily impacted workers on temporary visas. These workers rely on their jobs to stay in the U.S. and have a short window to find new employment and keep their visa status. Many end up having to leave the country.

For those who didn’t win the H-1B visa lottery or were laid off, the EB-5 visa offers a viable solution.

E-2 Visa Holders Who Seek a More Permanent Solution

The E-2 is a nonimmigrant visa that comes with many restrictions. The primary requirement for E-2 visa eligibility is the applicant’s nationality. Only citizens of countries with which the United States has an E-2 treaty can apply as treaty investors.

E-2 visa holders can’t change jobs and must keep renewing their visas every two years. And though there are no restrictions on the number of renewals, they cannot become U.S. permanent residents unless they switch to an immigrant visa.

The EB-5 visa is ideal for E-2 visa holders who want a more permanent solution, particularly for treaty investors who wouldn’t qualify for EB-2 or EB-3 because they own a high percentage of the E-2 business.

Switching from an E-2 visa to an EB-5 investor visa is doable because the amount already invested in the E-2 business can be credited towards the $800,000 minimum EB-5 investment requirement. If the business already employs full-time U.S. workers, the jobs created can be counted toward meeting the ten jobs EB-5 investors need to generate.

E-2 employees who may qualify for sponsored employment can also take advantage of rural EB-5 investments to avoid the long waitlists.

Canadian Citizens Who Want to Spend More Than Six Months Per Year in the U.S.

Canadian citizens need a visa to stay in the U.S. for more than six months annually. The EB-5 visa is an excellent option for retirees and those without sponsoring family in the U.S.

Regional center investments are perfect for retirees as they won’t have to actively manage the business or take part in its operations. They don’t need to spend their life savings on a Green Card, either—they can get their investment capital back in a few years if they invest in the right project.

By investing in a rural EB-5 project, Canadians can enjoy unlimited U.S. stays and travel freedom.

Foreign Nationals Without Family or Employer Sponsorship Options in the U.S.

The EB-5 visa is the most straightforward pathway to obtaining U.S. permanent residency for foreign nationals without employer or family sponsorship. And they don’t have to be millionaires or business experts to qualify. All they need to do is raise the $800,000 minimum investment for regional center-sponsored TEA projects and other administrative fees.

The sponsoring regional center will handle the enterprise’s operations and create the ten required jobs. Once the investment is complete and the applicant’s I-526E petition is approved, investors can apply for their Green Card through adjustment of status or consular processing. With an EB-5 visa, they’ll be free to live and work anywhere in the U.S.

EB-5 Applicants With Pending or Denied Cases

Foreign nationals with pending or denied EB-5 applications can benefit from the set-aside quotas provided by RIA. By carefully reviewing the old case with an experienced immigration attorney to find the possible causes of the delay or denial, they may be able to file a new application for successful permanent residency and repayment.

EB5AN Can Help You Become a U.S. Permanent Resident

There are many benefits to choosing EB-5 as a pathway to U.S. permanent residency, but it all starts with the wise selection of a regional center and project.

The necessary due diligence is often complex, and seeking guidance from industry experts can help.

EB5AN has assisted more than 2,300 families from 60 countries in relocating to the United States as lawful permanent residents. Our team has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

To learn more about the EB-5 visa and the application process, please book a one-on-one call with our EB-5 team today.