The EB-5 Investment Program attracts foreign investors seeking legal permanent residency and a chance to invest in the American economy. Investors can be eligible by pledging a minimum of $500,000 to a project within a Targeted Employment Area (“TEA”), through an approved regional center, and independently apply for an EB-5 visa. If approved by U.S. Citizenship and Immigration Services (USCIS), foreign investors are granted a conditional two-year green card. After two years, the investor must provide proof that they have created at least ten jobs as a result of the investment and have met additional investment requirements set by USCIS.
The EB-5 Visa Program is a Federal Government Program
The EB-5 visa program is administered by U.S. Citizenship and Immigration Services and is therefore governed by federal laws and regulations. It is not a program administered by a state agency, and is therefore not governed by Michigan state law.
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State Involvement in the EB-5 Investment and Visa Program
Although the EB-5 program technically falls under the purview of the U.S. Citizenship and Immigration Services, the State of Michigan does play a role in the identification and designation of targeted employment areas (TEAs) based upon high unemployment rates. Upon the request of the applicant, the State of Michigan may determine that a specific metropolitan statistical area, a county within a metropolitan statistical area, or a county in which a city or town with a population of 20,000 or more is located, is a targeted employment area (TEA). In order to make such a determination, the county, city or census tract in question must experience an average unemployment rate of 150 percent of the national average.