EB5 Investment Immigration Overview

EB5 Overview

Employment-Based Immigration 5th Preference

The US investment immigration program called EB5 is an immigration visa category administered by USCIS, which grants foreign investors and their families (spouse and unmarried children under 21) the right to apply for US permanent residence when they invest a certain amount of capital in a US commercial enterprise and meet certain conditions such as job creation.

The US investment immigration program was created in 1990 to promote US economic growth through foreign investor capital attraction and job creation, and the Regional Center (RC) program, widely known as the $500,000 investment program, began pilot implementation in 1992.

EB5 Investment Immigration Structure

With the enactment and implementation of the EB5 Reform and Integrity Act 2022 (RIA), investment immigration is currently proceeding in two ways.

A. General Investment Immigration (Direct Investment) - Investment of $1.05 million or more (TEA areas: $800,000 or more)

B. Regional Center Investment Immigration (Indirect Investment) - Investment of $800,000 or more

TOMAS&AMKOR has secured various programs to handle all EB5 processes through both direct and indirect investment.

EB5 Capital Investment Forms and Job Creation Features

General Investment (Direct Investment)

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Investment of $1.05 million or more (TEA areas: $800,000 or more)

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Creating 10 jobs through direct employment

Indirect Investment

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Minimum investment amount ($800,000) or more

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Creating 10 jobs including indirect employment

Targeted Employment Area (TEA) - To qualify for TEA area, must belong to either A or B.

A. Rural Area: Rural areas with 20,000 or fewer people

B. High Unemployment Area: Areas with unemployment rates exceeding 150% of the national average

Benefits of EB5 Investment Immigration

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POINT 01

No restrictions on education, career, or qualifications

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POINT 02

Freedom to choose residence location within the US

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POINT 03

No need for job sponsorship or work permits

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POINT 04

Relatively shorter permanent residence processing time compared to employment-based immigration

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POINT 05

Free entry and exit to/from the US

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POINT 06

Ability to maintain residence in Korea through Re-entry Permit system, making it easy to maintain existing business or job

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POINT 07

Spouse and unmarried children under 21 can obtain permanent residence together

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POINT 08

Free public elementary, middle, and high school education for accompanying children under 21 + in-state tuition and various scholarship benefits when entering state universities

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POINT 09

Different admission quotas for university and graduate school provide advantages over international student status - expanded options for academic and future career paths in the US

EB5 Investment Immigration Summary

Investment Amount
Non-TEA - $1.05 million or more / TEA areas and RC - $800,000
Job Creation
Create 10 or more full-time local jobs (RC can include indirect employment)
Investment Type
Direct Investment / Equity Investment / Loan Method
Permanent Residence
Conditional permanent residence (I-526/I-526E) converts to general permanent residence through I-829 after 2 years
Accompanying Family
Spouse and unmarried children under 21
Main Applicant / Domestic Residence
Domestic residence possible (Re-entry permit required for extended stays)

EB5 Investment Immigration Process

STEP 01 STEP 01

EB5 program selection and contract
through TOMAS&AMKOR consultation

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STEP 02 STEP 02

Source of funds documentation and investment deposit
Investment immigration document preparation

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STEP 03 STEP 03

I-526 / I-526E (immigration petition) filing and approval
(I-485 concurrent filing if processed locally)

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STEP 04 STEP 04

DS-260 completion

STEP 05 STEP 05

Consular interview
(Interview waived if processed locally)

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STEP 06 STEP 06

US entry and
conditional permanent residence acquisition (2-year validity)

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STEP 07 STEP 07

I-829 (condition removal)
filing to obtain permanent residence

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STEP 08 STEP 08

EB5 investment recovery
according to program principal repayment procedure

Please consult with experts as completion schedules, profit distribution, and principal repayment procedures vary by EB5 program.

EB5 YouTube

Active Projects
Closed Investment Projects
LA Link Apartment Project Image

LA Link Apartment

$800,000 3 years (2 extension options of 1 year each) Annual interest 0.5%
COTA VERA2 EB5 Investment Project Image

COTA VERA2

First priority collateral for EB5 investors 3 years (+1 year extension option) Annual interest 0.25%
Civitas Hawaii Project Image

Civitas Hawaii RURAL

$800,000 4 years (+2 extension options of 1 year each)
Civitas Project Image

Civitas Bishop Arts

$800,000 5 years (2 extension options of 1 year each) Multi-family apartment
EB5 Capital Project Image

JF40 RURAL

$800,000 3 years (2 extension options of 1 year each) Annual 0.5%
eb5 capital 프로젝트 이미지

JF38

$800,000 5 years Annual interest 2%
TA 프로젝트 이미지

TA Exclusive AAFF IV

Diversified fund asset management 5 years Annual interest 2%
Civitas 프로젝트 이미지

Civitas RURAL II

$800,000 3 years (+1 year extension)
Civitas 프로젝트 이미지

Civitas Santa Monica

$800,000 3 years (+1 year extension) Annual 1%
Civitas 프로젝트 이미지

Civitas RURAL

$800,000 5 years (+ two 1-year extension options) Condominium type<
eb5 capital 프로젝트 이미지

JF35

$800,000 5 years (+ two 1-year extension options) Annual interest 0.5%
eb5 capital 프로젝트 이미지

JF34

$800,000 5 years (+ two 1-year extension options) Annual interest 0.5%
HOMEFED 프로젝트 이미지

COTA VERA

1st lien for EB5 investors 5 year maturity Annual interest 0.25% No extension option San Diego
eb5 capital 프로젝트 이미지

San Francisco Marriott Residence Hotel

$800,000 5 years (+ two 1-year extension options) Interest increases if extended San Francisco, California
eb5 capital 프로젝트 이미지

Takoma Park

Located in the Washington, D.C. housing market $800,000 EA-compliant investment project
Civitas 프로젝트 이미지

Civitas Fund

100% pre-leased before construction Exceptionally high profitability Major metropolitan area
TA 프로젝트 이미지

TA Exclusive CLF II

Diversified investment 4–5 year maturity Annual interest 2% Interest increases if extended Rural TEA Florida<
PARAPRIN Project Image

Stazione25

Construction completed 80% leased – stability ensured Government-backed HUD loan Annual interest 1% Seattle
TA Project Image

TA Exclusive AAFF III

Diversified investment & asset management Rural TEA Florida, Atlanta, Louisiana
8BC 프로젝트 이미지

Sister City Hotel

Construction completed Bridge loan replacement Annual 0.25% Shortest investment period Manhattan, NY
CA Project Image

The Spiral

100% collateral for EB5 investors Pre-approved by USCIS 5 year maturity Manhattan, New York
EB5 Project Image

9 Orchard

1st lien collateral for EB5 investors/span> 5 year maturity Annual interest 0.5% Manhattan, NY
EB5 Capital Project Image

Ritz-Carlton

100% priority for EB5 investors 5 year maturity Annual interest 0.5% Times Square, New York
EB5 Capital Project Image

Capitol Hill Apartment

100% priority on resale or refinancing proceeds 5 year maturity Washington, D.C.
Civitas Project Image

Waverly Equity Fund

Preferred equity for EB5 investors 4 year maturity Annual interest 6% Brooklyn, New York
Civitas Project Image

The Tradition – Woodway

Short-term completion Equity loan 5-year maturity Annual interest 2% Houston, Texas
EB5 Capital Project Image

Rivergate (Phase2)

5-year maturity Annual interest 1% Interest increases if extended Preferred equity structure Woodbridge, Virginia
EB5 Project Image

Montage Big Sky

1st lien collateral for EB5 investors 5-year maturity Annual interest 0.5% Rural TEA Montana
Active Projects
ST Bakery Cafe Project Image

ST Bakery Cafe

$1,050,000 5 years Average annual returns 4%
ON&ON Restaurant Project Image

ON&ON Restaurant

$1,050,000 5 years Average annual returns 5%