EB-5 IMMIGRANT INVESTOR PERMANENT RESIDENCY
The EB-5 Immigrant Investor Program was enacted by Congress in 1990 to stimulate economic growth across various geographic regions in the United States and increase job opportunities for citizens. In exchange, foreign individuals participating in the program, along with their spouses and unmarried children under 21, may apply for U.S. Lawful Permanent Residency (Green Cards).
In 1992, the EB-5 Regional Center Program was established, serving as a lever to facilitate immigration for thousands of families seeking a new future by investing in approved EB-5 projects. Rather than investors being personally responsible for business operations and the mandatory creation of 10 jobs within two years—as required by the U.S. Citizenship and Immigration Services (USCIS)—EB-5 regional centers act as entities that manage capital and fulfill regulatory requirements to successfully secure Green Cards for investors.
In March 2022, the program underwent a comprehensive overhaul with the enactment of the EB-5 Reform and Integrity Act (RIA). This act reflects the U.S. Government's commitment to enhancing protections for foreign investors, ensuring safer investments, and restoring the program's integrity after more than 30 years of operation.
EB-5 PROGRAM BENEFITS
- Green Cards for the Entire Family: Obtain U.S. Lawful Permanent Residency for the primary applicant, spouse, and all unmarried children under the age of 21.
- Fast Processing Times: Estimated processing time of approximately 2 years (for applicants from countries without visa backlogs).
- Investment Returns: Earn annual interest and receive full capital repayment upon the maturity of the EB-5 investment.
- Total Freedom of Residency: Live, work, study, or start a business in any state across the U.S. without restriction.
- Education Advantages: Access to free public schooling (K-12) for dependent children. Benefit from in-state tuition rates for higher education, which are typically only 1/3 of the cost paid by international students.
- Full Social Benefits: Enjoy all the rights and social security benefits of a U.S. Permanent Resident immediately upon entry with an immigrant visa.
- Global Mobility: Maintain the flexibility to travel between Vietnam and the U.S. at any time without having to give up your business interests in Vietnam.
- Path to U.S. Citizenship: Eligible to apply for U.S. Naturalization after 5 years to enjoy full citizenship rights and a powerful passport with visa-free access to over 170 countries.
EB-5 GREEN CARD REQUIREMENTS
01 EB-5 INVESTMENT CAPITAL:
02 CREATION OF 10 FULL-TIME JOBS FOR U.S. WORKERS
KEY EB-5 INVESTMENT FORMS
EB-5 INVESTMENT PROCESS
1
Month
24
Months
6 - 12
Months
1
Month
20
Months
& CAPITAL REPAYMENT
EB-5 PROJECTS AND TARGETED EMPLOYMENT AREAS (TEA)
EB-5 projects are New Commercial Enterprises (NCEs) that operate legally and for profit, established after November 29, 1990. Investors can choose to contribute $1,050,000 into a private business (Direct EB-5) or invest indirectly through a Regional Center project approved by the U.S. Citizenship and Immigration Services (USCIS). However, if an investor selects an EB-5 project located within a Targeted Employment Area (TEA), they qualify for a reduced investment amount of $800,000.
With an annual global quota of 10,000 EB-5 visas, the per-country limit is approximately 700 visas per year. High-demand countries, such as Vietnam, China, and India, frequently face visa backlogs (retrogression) because the number of applicants exceeds the available annual supply. Since May 2022, under the new EB-5 regulations, specific Visa Set-asides have been implemented: 20% for Rural projects, 10% for High-Unemployment (TEA) projects, and 2% for Infrastructure projects. To benefit from priority processing and avoid long waiting lines, EB-5 investors are encouraged to prioritize projects in Rural or TEA areas.
EB-5 REGIONAL CENTERS
An EB-5 Regional Center is a public or private U.S. economic entity involved in promoting economic growth. Regional centers must be designated and approved by USCIS (Form I-956) to participate in the EB-5 Program. Prior to November 2019, there were over 900 approved regional centers authorized to raise capital. By October 2022, following changes to TEA standards and increased investment thresholds under the new EB-5 laws, the number of active regional centers decreased to 632. Potential investors are strongly advised to research and select reputable regional centers before making an investment decision. [Click here to view the list of USCIS-approved regional centers].
AVS Regional Center, owned by Attorney José E. Latour, remains the only regional center with a dedicated office and a team of experts based in Vietnam. AVS provides direct and complimentary support to help clients complete their EB-5 investment process without the need for third-party immigration agencies. Vietnamese investors can interact directly with U.S. immigration attorneys and the EB-5 project management team from day one until the successful return of their capital.
KEY REFORMS UNDER THE EB-5 REFORM AND
INTEGRITY ACT OF 2022 (RIA)
- Investment Thresholds & Program Reauthorization: The minimum investment is set at $800,000 for Targeted Employment Areas (TEA) and Rural projects, and $1,050,000 for non-TEA/Urban projects. The EB-5 Regional Center Program is reauthorized for 5 years, effective through September 30, 2027.
- Concurrent Filing: Investors already in the U.S. on valid non-immigrant visas can now file Form I-485 (Adjustment of Status) simultaneously with their Form I-526/E petition. This significantly shortens the waiting period to obtain work authorization and travel permits while residing in the U.S.
- Investor Protection & Transparency Measures:
PARTIAL EB5 INVESTMENTS
EB-5 program regulations allow an investor to contribute an initial portion of the required capital to qualify for a Conditional Green Card filing, with the remaining balance to be paid within a specified timeframe (typically 6 to 12 months) as outlined in the investment agreement.
USCIS permits Partial EB-5 Investments because they constitute an irrevocable commitment to the EB-5 investment agreement. Investors must provide evidence of the initial partial contribution, along with documentation verifying the Source of Funds (SOF) and Path of Funds for both the capital already deployed and the capital that is "actively in the process of being invested."
Furthermore, the investor is required to provide a Promissory Note secured by personal assets with a value equal to the remaining capital balance. The EB-5 project holds this Promissory Note and maintains the right to take necessary legal action against the collateral to recover the outstanding capital should the investor fail to complete the contribution within the agreed schedule.
To ensure the highest probability of success for an EB-5 petition using the partial investment method, LatourLaw encourages investors to consult directly with experienced EB-5 attorneys to fully understand the specific agreements and requirements associated with the project.
CONTACT
US Office:
4500 Biscayne Boulevard, Suite 206,
Miami, Florida 33137
Hotline: (786) 866-9775
Fax: (305) 675-6195
Email: jlatour@latourlaw.com
Vietnam Office:
A: Friendship Tower, 31 Le Duan Street,
Ben Nghe Ward, District 1, Ho Chi Minh City
Hotline: 0938.61.30.62
Phone: +84 28 7303 2168
Email: vietnam@latourlaw.com
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