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The EB-5 visa program, popularly known as the “Investor Visa”, reached impressive numbers in 2024, registering a significant increase in interest from foreigners. With a growth of more than 40% in the number of requests until September, the program attracted about 2,600 new foreign investors in this period alone, according to a report released by the immigration authorities.
What is the EB-5 Visa?
The EB-5 Visa allows foreign investors and their families to obtain permanent residence in the United States by making a qualified investment in a business in the country. Among the program’s requirements, the investment must be made in a project that generates at least 10 full-time jobs for American workers.
Currently, the minimum investment amount is 800,000 dollars, provided it is applied in priority areas, known as TEAs (Targeted Employment Areas). These regions are defined as places with high unemployment or rural areas, determined by the U.S. government. In other areas that do not fit as TEAs, the minimum value rises to $1,050,000.
The EB-5 Program is considered one of the most efficient and fastest ways to obtain the long-awaited Green Card (permanent residence in the USA). In addition, after a period of residence in the United States, the investor and his family may qualify to apply for American citizenship, provided that they comply with the established legal requirements.
Are real estate investments eligible for the EB-5 Program?
A frequent question is whether I can apply for the EB-5 Visa by investing in a property in Florida.
The correct answer to this question is “No”! However, some construction companies in Florida have managed to create legal solutions that lead to the purchase of a unit in their launches. In this way, the investor can achieve two goals: 1 – Obtain the Green Card and 2 – Own a property.
Direct investments in real estate are not eligible for the EB-5 Visa because the program requires that the resources be applied to a business that generates at least 10 full-time jobs for American workers, in addition to other requirements, which is not the case with the purchase of a property.
The solution that some construction companies created was to perform the operation in two steps. Keep reading to understand how it works!
Step 1
In this first stage, the initial investment of the foreigner is not directly linked to the purchase of a residential unit, but to the financing of the project as a whole. The invested capital is intended to support the construction company in the feasibility of the work, meeting the requirements of the EB-5 program, such as the creation of at least 10 full-time jobs per investor.
During a minimum period of five years, required by the program, the investment must remain linked to the enterprise, while the construction company complies with the legal requirements and the candidate advances in the process of obtaining the Green Card.
Step 2
After this period required by the program, of 5 years, and provided that all the conditions of the program have been met, a legal solution can be structured to unlink the value of the general fund of the project and use it in the formal acquisition of a unit in the enterprise. This means that the investor, at the end of the process, may become the owner of a property on site.
However, it is important to note that, at the time of investment, the value is not directly related to a specific unit, but to the project as a whole. This modality requires special attention, with specialized legal and financial support, to ensure that the process is transparent and well structured.
ATTENTION: AMG International Realty is a real estate consultancy in Florida and does not provide legal or immigration services. The information in this article about the EB-5 visa is informative and does not replace the guidance of specialized professionals. We are available to connect you with trusted partners who can guide you on this and other US visas.
See also: Meet another Investor Visa in the USA: The E-2 Visa
Interested in learning more about the EB-5 Visa Program?
AMG International Realty is a global real estate consultancy specialized in the Florida market, focusing on serving foreign customers. We know that buying a property abroad goes far beyond a simple transaction: it can be a strategic step for investment, the realization of a vacation dream or the beginning of a new stage of life in another country. Therefore, we offer full support at all stages of the process, with personalized guidance before, during and after the acquisition of the property.
If you are considering the EB-5 Visa as part of your strategy to reside in the United States, we can connect you to offices specialized in the program. These partners can assist you in planning and executing the immigration process, ensuring that all requirements are safely met.
Do you need help or do you have questions? I’m at your disposal! Talk to me on WhatsApp: +1 305 761 2655 (Heloisa Arazi).
