Dear readers, according to a number of requests received in September 2013 to help families and relatives living in Vietnam have the opportunity to settle in the United States in a short time without passing through the We would like to share some information about the EB-5 immigrant settlement program to help immigrant aliens who want to get green cards to become permanent residents of the United States. In this article, SG VISA would like to share the origins of the EB-5 settlement program and related laws.

November 29, 1990 The US Congress created the EB-5 settlement program to stimulate the US economy and create conditions for aliens (investors with spouses and children under 21 unmarried – investors) want to have the opportunity to become a permanent resident (Permanent Resident – PR) to enjoy the American immigration and social benefits. The US Department of Citizenship and Immigration (USCIS) has begun to authorize RCs to call on foreign investors to contribute capital to their projects through the Pilot Program. . Investors will invest in a new or existing business and create jobs for citizens, permanent residents, or lawful residents who are entitled to work in the United States, in the region where the business is located. . If investing in an operating company, the capital of the investor must increase at least 40% of the enterprise value as well as the number of employees of the business.

Job creation requirements for ten full-time citizens (permanent residents) and legal residents (FT) for 2 years (special cases, extended periods of time) more than a two-year period from the date of entry into the United States as a Conditional Permanent Resident (CPR). 10 FT must be maintained or generated from direct or indirect work. Direct jobs are countable jobs for employees of the business in which the investor directly invests their capital. Indirect jobs are jobs that do not belong to the enterprise or are the result of the investor’s capital investment in a business linked to an RC. Investors are only counted as working for a struggling business that is on the verge of bankruptcy and has been operating for at least 2 years, but for the second year, from December to December. Before the day when investors started to contribute capital, the business was losing money.

Investment project eb-5, ensuring 100% green card, 100% preserve capital, make sure create 10 direct jobs.

FT means that a qualified employee of a new business is made up of investment capital. One FT employee must work at least 35 hours per week. In the case of the RC Pilot Program, FT also means that a qualified employee undertakes an indirect job generated from the invested capital. 1 FT may also be shared between two employees when the working time of these two employees is at least 35 hours per week and this position is long-term with job benefits similar to one FT Employees, for example: wages, holidays, unemployment benefits and other benefits from the business.

The investment capital required to invest in an enterprise will include cash, equipment, goods, and tangible assets with cash equivalents without debt. Capital contributions will be valued at market value of USD. Capital-contributing assets from unlawful sources, such as criminal activity, will not be credited to capital contributed by investors to the business to benefit from the EB-5 program. And capital is not extracted from borrowed funds. The investment is $ 1 million for projects anywhere in the US, or $ 500,000 for a Targeted Employment Area (TEA) project with an unemployment index of 150. % compared to the national or rural unemployment index with a population of less than 20,000.

The length of time a record has prepared information and evidence of the source of funds, personal identification, and the relationship between members since filing, until the time the application is processed and approved by the USCIS. in two cases.

1. Direct investment in non-RC projects is about 18 to 24 months, and in special cases, USCIS will require the investor to provide additional evidence in writing (Request for Evidence (RFE)),

2. Invest in RC projects for 18 to 24 months, and in special cases, USCIS will require additional evidence from RFE.

After USCIS has accepted the investor’s file, they will transfer the file to the US Consulate General (LSQ) in their home country, Vietnam, to schedule an interview, and the usual time for the LSQ. The interview schedule will vary from 2 to 5 months, depending on the number of interviews and their staff resources. LSQ’s mission is to check information, knowledge, evidence of members of the records to see if they are able to:

1. Become a social threat when they come to America.

2. Become a burden to society when they come to America.

3. Use the wrong visa.

4. Use false information and evidence.

5. Have violated immigration laws in the past.

When investors enter the United States under the EB-5 residential settlement, they will become Conditional Permanent Resident (CPR), and the investor must keep the investment capital in the project or business at least 2 years until the USCIS removes the condition for them to become Permanent Resident (PR).


EB-5 settlement process is very complicated if you do not know the information and knowledge. EB-5 settlement process will have some challenges that investors should understand, such as:

1. The way to prove financial resources is clean and transparent.

2. The project or business can prove they will create 10 FT for legal employees and whether USCIS will approve these FTs to clear the conditions on the green card of the investor.

3. The Business Plan is reasonable and capable of generating revenue to maintain business for 2 years until the investor becomes a PR.

4. The use of capital ($ 500,000 or $ 1,000,000) for the implementation of the project is real and reasonable.

5. Exit strategy after 2 years time limit for keeping investment capital in the project has ended.

6. High risk projects and profitable types of businesses to maintain their business until they become PR.

7. The choice between investment in RC projects or direct investment in small businesses.

8. Successful projects help investors become PR and projects have failed, causing investors to be expelled from the US after years of building new life.

9. Factors to consider when hiring an attorney to represent you.

SG VISA would like to share with you how to prove that the financial resources are clean and transparent in the next. If you have other questions, please contact SG VISA for more detailed and detailed advice.

Huy Ton & SG VISA Team