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Angela Taylor

USA EB-5 Visa Glossary: Key Terms Explained

Updated: Jul 26, 2024


USA EB-5 Visa Glossary: Key Terms Explained

The EB-5 visa is a sought-after investment immigration programme allowing foreign nationals to obtain a US Green Card. It requires a minimum $800,000 investment in exchange for permanent residency and the ability to live, work and study anywhere in the United States.


However, the process involves numerous technical terms and acronyms that can be confusing. This glossary explains some of the most crucial phrases.


USCIS


The United States Citizenship and Immigration Services agency. Part of Homeland Security, USCIS administers the EB-5 programme, processing key forms like the I-526 and I-829.


Green Card


Officially the Permanent Resident Card, it grants the holder the right to reside and work indefinitely in the US. EB-5 investors and their immediate families can apply if meeting all requirements.


Consular Processing


For EB-5 investors living abroad, this process involves applying for an immigrant visa at a US embassy or consulate in their home country.


Regional Center


A USCIS-approved business entity that sponsors EB-5 investment projects. Regional Center investments allow for indirect job creation, usually proven via economic analysis.


TEA (Targeted Employment Area)


Designated high unemployment or rural areas of the US qualifying for the lower $800,000 EB-5 investment threshold rather than $1,050,000.


I-526 Petition


The initial EB-5 application evidencing the investor's qualifying investment and job creation plans. Approval grants a 2-year conditional Green Card.


Exemplar


An optional pre-approval process where USCIS vets and approves certain aspects of an EB-5 project before any individual investor files their I-526 petition.


I-829 Petition


Filed within 90 days before the conditional residency expires to have those conditions removed and obtain full permanent residency.


Direct EB-5


An investment where the required jobs are directly created by the new commercial enterprise rather than via economic projections used by regional centres.


Visa Set Asides


A reserved number of EB-5 visas for investments in TEA areas like rural or high unemployment zones.


Priority Processing


Expedited handling of EB-5 petitions, with rural project investments eligible to have I-526s processed within a year in many cases.


Adjustment of Status


The process for EB-5 investors already living in the US to obtain permanent residency without having to depart and re-enter the country.


Rural Projects


Located in lower-population density zones designated as rural areas. They qualify for benefits like the $800,000 minimum investment.


NCE (New Commercial Enterprise)


The business entity like a partnership or corporation into which the EB-5 investment capital is placed initially.


JCE (Job Creating Entity)


The business actively deployed the EB-5 investment to create the required number of jobs, which may or may not be the same as the NCE.


The EB-5 currently allows foreign nations to invest a minimum of $1,050,000, but the threshold can be pushed down to $800K if you invest in a TEA project. To learn more, get in touch with one of our experts at International Wealth Venture.

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