What is the EB-5 Investment Visa?
The U.S. Citizenship and Immigration Services (USCIS) administers the EB-5 Immigrant Investor Program, which was created by Congress in 1990 to create jobs and increase capital investment in the U.S. economy by foreign investors. The program offers a conditional two-year Green Card to the qualifying foreign national in exchange for investing the required capital into a new commercial enterprise in the U.S. and either create or preserve at least 10 full-time jobs for U.S. workers. After the two years, the investor is able to file to remove the conditions and obtain permanent U.S. residency.
Key Benefits for UAE Investors
There are many good reasons to consider the EB-5 visa as an option for moving from the UAE:
Direct pathway to permanent residency: for you, your spouse, and any unmarried children under 21. This is one of the fastest, simplest ways to getting a U.S. Green Card.
Flexibility: EB-5 Investment Visa holders have the freedom to live, work, and retire anywhere in the United States. Unlike other employment-based visas, there is no requirement for employer sponsorship.
Educational Opportunities: Beneficiaries can take advantage of U.S. public schooling and may be considered “residents” at U.S. colleges/universities, thus potentially reducing tuition costs.
No Prior Business Experience or Language Expectations: The program does not specify educational requirements, required business experience, or English proficiency. This makes it even easier than many other visa categories.
EB-5 Investment Visa Cost and Investment Thresholds
The cost of the EB-5 Investment Visa depends on the geographic location of the project the investor elects to invest in, demonstrating to the authorities that the investment capital is “at risk,” which, as do all investments, has no guaranteed return. The current minimum investment amount, established by the EB-5 Reform and Integrity Act of 2022, offers a range of minimum investment amounts designed to spur investment in certain areas.
The lower minimum investment amount of $800,000 USD, applies only for projects in a Targeted Employment Area (TEA), which is a rural area or an area experiencing high unemployment; this lower threshold is also designed to spur economic development where needed. The minimum required capital contribution for a project in a Non-Targeted Employment Area (Non-TEA), is $1,050,000 USD.
In addition to the principal amount of your investment, applicants need to carefully plan for several additional costs. These costs are comprised of non-refundable USCIS filing fees paid to the U.S. government for various forms, including the Initial Immigrant Petition (Form I-526E/I-526), the application for Adjustment of Status (Form I-485) or Consular Processing (Form DS-260), and the final Petition to Remove Conditions (Form I-829). Cumulatively, these government fees can be high, and for those opting for the popular Regional Center model of EB-5, an administrative fee is charged, usually in the range of $50,000 to $80,000 USD, for necessary project management, legal oversight, and compliance documentation. Additionally, fees for U.S. immigration attorneys and an immigration specialized advisor who will conduct due diligence into the financials and to file correctly, if applicable, is not negotiable. Legal and consulting fees can exceed $20,000 to $30,000 USD or more based on the complexity of an individual case or required assistance level. Overall, the EB-5 investment visa costs add up to a sizable investment.
The Critical ‘Source of Funds’ Requirement
One of the most important parts of the EB-5 application is demonstrating that the money invested came from a lawful and permissible source. The investor will need to provide a documentary paper trail detailing the source of funds (Source of Funds documentation) for the entire amount invested, including the administrative fee. Acceptable sources of funds may include income from a business, income from a salary, sale of property, sale of investments, or funds received as gifts/inheritance. All sources of funds must be documented and verified.
Regional Center vs. Direct Investment: Which Path is Right for You?
There are two major investment models under the EB-5 program: the Regional Center Program and Direct Investment. More than 90% of all EB-5 Investment Visa applicants worldwide, and to a lesser extent those from the UAE, choose the Regional Center model because of its passive investment nature.
1. Regional Center Program
The Regional Center program permits investors to combine their funds for larger projects that are approved by the USCIS.
Passive Investment: The investor will usually have little management responsibility, allowing them to attend to other business interests abroad or relocation planning.
Job Creation: This structure allows for the counting of indirect and induced jobs, jobs created by the project’s expenditure and economic activity, so the job creation requirement (10 direct jobs) is typically easier to achieve than in a Direct Investment case.
2. Direct Investment
Direct investment is defined as an investor making an investment in, and in full control of a new or existing commercial enterprise.
Active management: An investor is required to be active in the day-to-day operations or policy development of the enterprise in which they’re investing.
Job creation: Only direct jobs, meaning jobs held by employees of the commercial enterprise that are on the enterprise’s payroll, count towards the ten full-time job requirement, and, therefore, you’ll need to track staffing and employee information closely.
Oftentimes, the Regional Center model tends to be the preferred model for busy business owners and busy families in the UAE, considering the passive nature and ease of job creation under the EB-5 immigrant investor visa.
The EB-5 Investment Visa Process and Timeline
Securing permanent residency in the U.S. through the EB-5 Investment Visa has a series of steps, but with some recent law changes, there are new advantages like concurrent filing for certain applicants who are already in the U.S. legally.
Stage 1: Preparation and Petition (Form I-526E/I-526)
Engage an Expert Consultant: Find an expert to assist you with due diligence, source of funds documentation and compliance or a good US Immigration Firm for Investors.
Select Investment Project: Select a qualified Regional Center or a Direct Investment
Invest Money: Transfer the capital investment into the project’s bank account (often escrow).
File the Immigrant Petition (I-526E or I-526): Submit the petition to the USCIS describing the investment and job creation plan. This date becomes the Priority Date, that you will use to track your potential wait time for a visa.
Stage 2: Conditional Permanent Residence
Petition Approval: Once the I-526E/I-526 is approved, the investor and family apply for their Green Card.
Outside U.S.: Consular Processing (DS-260) at a U.S. Embassy/Consulate (Abu Dhabi, Dubai, UAE).
Inside U.S.: Adjustment of Status (I-485).
Conditional Green Card: Once approved, the investor and family then receives a conditional Green Card for two years.
Stage 3: Permanent Green Card (Removal of Conditions)
Filing the Petition to Remove Conditions (Form I-829): This must be made between 90 days of the expiration of the conditional Green Card. The investor must prove that the capital investment has been sustained during the conditional period and that the required 10 jobs were created.
Unconditional Green Card: Following the approval of Form I-829, the investor and their family will receive an unconditional 10-year Green Card that confirms their status as lawful permanent residents.
The total timeframe from the initial investment to the time they receive the final unconditional Green Card is estimated to take 4 to 7 years, depending upon the efficiency of USCIS and the investor’s country of chargeability.
Securing Your Future with the U.S. EB-5 Visa for Dubai UAE Investors
For affluent individuals and prosperous families in the UAE, the EB-5 Investment Visa program serves more than simply a piece of paper; it presents a genuine potential for global mobility, economic safety, and unparalleled immersion in American society. The legalization of the EB-5 visa program, as well as the passive investment through Regional Centers, makes it an ideal format for someone in need of a dependable long-term product for them and their children.
Walking through the complexities of the EB-5 Program, especially the extensive Source of Funds documentation and project selection is done ideally with the help of the right expert. When an investor lives in the Middle East, before they begin trying to navigate the EB-5 program, finding a specialized U.S. Immigration Firm for Investors, with a good presence and knowledge base in the area, is a priority. A reputable professional such as FRR Immigration will be your best option for someone to walk you through the entire experience, from initial contact, to final Green Card approval while maximizing compliance and speed to ensure the process is as effective as possible. The U.S. EB-5 Visa for Dubai, UAE residents is an unprecedented opportunity for generational change.
Take the Next Step: Your EB-5 Visa Consultation in Dubai
The initial and arguably the most important action an investor seeking the EB-5 Investment Visa can take is obtain qualified legal counsel. The large amount of investment at stake, coupled with the complex requirements of U.S. immigration law, clearly justifies the need for you to undergo a preliminary, protected, EB-5 Visa Consultation in Dubai or Abu Dhabi.
A reputable United States Immigration Advisory Firm for Investors can:
1. Assess your financial situation and your lawful source of funds.
2. Provide insights as to whether the TEA Regional Center is best or Direct.
3. Structure your petition to ensure compliance with all USCIS rules and regulations.
4. Provide a detailed breakdown of the overall Immigrant investor visa EB-5 cost, and the anticipated timing.
Take action now to secure your family’s future in the U. S. Speak with a trusted advisor to get started on your EB-5 Immigrant Investor Program journey.
Frequently Asked Questions (FAQ)
Q1: What is the most critical requirement for the EB-5 Investment Visa?
A: The two most critical requirements are the minimum capital investment (currently $800,000 for a TEA project) and the creation of at least 10 full-time jobs for qualified U.S. workers. Equally important is the ability to fully document the lawful source and path of the EB-5 Investment Visa funds.
Q2: Can my children included in my EB-5 application be over 21?
A: No. To be included in the principal applicant’s petition, children must be unmarried and under 21 years of age at the time of filing the I-526E/I-526 petition, subject to certain exceptions under the Child Status Protection Act (CSPA).
Q3: What is a Targeted Employment Area (TEA)?
A: A TEA is defined as either a high-unemployment area (at least 150% of the national average unemployment rate) or a rural area. Investing in a TEA reduces the minimum required EB-5 Investment Visa cost from $1,050,000 to $800,000.
Q4: How long does the EB-5 Green Card last?
A: Initially, the investor and family receive a two-year conditional Green Card. Once the conditions are successfully removed by filing Form I-829 and proving job creation, an unconditional Green Card is issued, which is valid for 10 years and can be renewed indefinitely.
Q5: Can I get an EB-5 Visa Consultation in Dubai?
A: Yes, many top-tier global migration advisory firms, including FRR Immigration, have offices or specialist consultants in Dubai and the UAE to provide in-person or virtual consultations tailored to investors in the region, focusing on the U.S. EB-5 Visa for Dubai UAE applicants.
Q6: What does “at-risk” investment mean for the EB-5 immigrant investor visa?
A: The investment must be truly “at risk” for the purpose of generating a return, meaning a guarantee of the return of capital is prohibited. The funds must be placed in the enterprise and put to commercial use for the duration of the conditional residency period.
