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.
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)
Investment of $1.05 million or more (TEA areas: $800,000 or more)
Creating 10 jobs through direct employment
Indirect Investment
Minimum investment amount ($800,000) or more
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
No restrictions on education, career, or qualifications
Freedom to choose residence location within the US
No need for job sponsorship or work permits
Relatively shorter permanent residence processing time compared to employment-based immigration
Free entry and exit to/from the US
Ability to maintain residence in Korea through Re-entry Permit system, making it easy to maintain existing business or job
Spouse and unmarried children under 21 can obtain permanent residence together
Free public elementary, middle, and high school education for accompanying children under 21 + in-state tuition and various scholarship benefits when entering state universities
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
EB5 Investment Immigration Process
EB5 program selection and contract
through TOMAS&AMKOR consultation
Source of funds documentation and investment deposit
Investment immigration document preparation
I-526 / I-526E (immigration petition) filing and approval
(I-485 concurrent filing if processed locally)
DS-260 completion
Consular interview
(Interview waived if processed locally)
US entry and
conditional permanent residence acquisition (2-year validity)
I-829 (condition removal)
filing to obtain permanent residence
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
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TA Exclusive AAFF IV
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TA Exclusive CLF II
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ST Bakery Cafe