ABSTRACT

EB-5 Immigrant Investor Visa [Updated January 26, 2021]   [open pdf - 1MB]

From the Summary: "Under the Immigration and Nationality Act (INA), there are five categories of employment-based visas in the permanent immigration system. The EB-5 immigrant investor visa, the fifth employment preference immigrant visa category, was created in 1990 to benefit the U.S. economy through job creation and foreign capital investment. It provides lawful permanent residence (LPR status) to foreign nationals who invest $1,800,000 or more, or $900,000 or more in a rural area or an area with high unemployment (referred to as targeted employment areas [TEAs]), in a new commercial enterprise (NCE) in the United States and create or preserve at least 10 jobs. [...] Compared with other immigrant visas, the EB-5 visa presents additional risks of fraud. Such risks are associated with difficulty verifying that investors' funds are obtained lawfully and with the visa's potential for large monetary gains, which could motivate individuals to take advantage of investors and make the visa susceptible to the appearance of favoritism. U.S. Citizenship and Immigration Services (USCIS) has reported improvements in fraud detection but also states it is restricted by statutory limitations. EB-5 stakeholders have voiced concerns over the delays in processing EB-5 applications and possible effects on investors and time sensitive projects as well as uncertainty generated by the short-term reauthorizations of the Regional Center Program, the most common pathway for EB-5 visas."

Report Number:
CRS Report for Congress, R44475
Author:
Publisher:
Date:
2021-01-26
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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