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The EB-5 program is an immigrant investor program that allows eligible petitioners and qualifying family members to receive Green Cards and become permanent residents of the United States. There are two types of EB-5 investment: Direct investments and investments made in the regional center program. Direct investments require active management by the investor and only direct jobs count towards job creation requirements. Participation in the regional center program does not require active management of the investment and jobs created may include direct, indirect, or induced jobs. The capital investment requirement is an investment of $900,000 for a Targeted Employment Area (TEA), or $1.8 million for a non-TEA or standard investment. TEA’s are areas in need of economic stimulus and may be either high-employment TEA’s or rural TEA’s. Another fundamental requirement is the creation of 10 full-time U.S. jobs for a period of at least two years. If an EB-5 investors I-526 petition is approved they may become conditional permanent residents of the U.S. for a period of two years. During this time, their investment capital must remain “at risk.” To remove conditions of their permanent residency, they file an I-829 petition. Upon I-829 approval, the investor and qualifying family members are unconditional permanent residents of the U.S.
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