The EB-5 U.S. Immigrant Investor Visa Program is available to residents of Australia.

EB5 BRICS has helped Australian investors achieve US Permanent Residency through investment immigration since 2014. We are here to guide and support you through every step of the EB-5 Visa investment and immigration process. Contact our team to get personalized advice on starting USA investment immigration for you and your family.

Contents: Requirement | Benefits | Costs | Process | Consult | FAQ

What are EB-5 Visa Requirements for Australia?

EB-5 visa requirement – Australia

What are the requirements for an EB5 Visa?

  • Requires investor’s investment be US $1.05 M or minimum $800 K (1.43M or 1.09M Australian Dollars) in a “TEA”
  • Investment is typically through a USA Regional Center project or in a new business directly.
  • It is required to create and maintain 10 full-time jobs for a minimum of two years.
  • A direct investment can only create “direct” jobs. Furthermore, an investor should actively guide or manage the jobs.
  • An investment in a regional center can generate indirect, direct, and induced jobs and only needs passive management on the part of the investor.

The U.S. Citizenship and Immigration Services (USCIS) allows 10,000 EB-5 visas a year.

The Reserve Bank of Australia is the regulatory body that has the framework and monetary policy for moving assets and money outside of Australia.

Australia EB5 Visa

The EB-5 U.S. The Immigrant Investor Visa Program is available to Australian citizens. There is a growing demand for the EB-5 Visa category among Australian nationals. If you (or your child) were born in Australia, then you can apply for the fast-track Green Card category for the United States through the EB 5 USA Investor Visa Program. See Processing Times for Australia

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Targeted employment area – “TEA” is defined as:
– Rural areas
– Areas with unemployment 1.5x of the national average

Australian Investor age requirement

There’s no age limit. The meaning of this simply is anyone qualifies to be an EB-5 investor. However, since a minor probably does not have the assets or income to be eligible as an EB-5 investor on his own, the parents or some other guardian giving him/her the investment amount requires showing the necessary documents to prove the source of funds. Occasionally, an investor pursuing an EB-5 visa will be unable to get specific documentation. In such instances, the applicant may file a declaration giving an explanation as to why they are unable to supply the needed documentation.

The only time age matters is if the parent is applying and children are also part of the application as derivatives. They must be under the age of 21 to be included in a parent’s application.

Income requirement

An investor must have the qualification to support a successful business investment. What is the financial criteria? See below to know:

  • A net worth of US $1.05 million – For an individual or a married couple; or
  • $200,000 or more in Individual Income, or $300,000 or more joint income, in each of the two previous years; and
  • Comparable level of Future income and assets.

Source of Assets, plus any obligations or legal liabilities associated with these assets, play an important role in your EB-5 application. To prevent money laundering and resolve security issues, USCIS meticulously checks the source and course of the funds of an applicant. Ensuring the legitimate source and channel of their investment funds is crucial for EB-5 investors. They must present documentation that complies with USCIS’s strict requirements. In case the applicant isn’t able to provide certain documentation, he/she may submit a declaration and must explain why they are unable to provide the required documents.

In case you do not have enough investment funds, you might be wondering what can be a possible lawful alternative source of funds, right? Worry not for you may obtain funding from a variety of sources like salary, stocks, equities, and bank account deposits. Here are some of the other possible lawful funding sources:

Loans as a funding source for EB-5 investments

Typically, a financial institution provides a loan for an EB-5 investment. The loan’s collateral must be specified. In contrast to a previous regulation, USCIS now permits the use of a loan as a source of financing only if the investor is the primary lender. Additionally, the collateral must be worth at least as much as the loan amount. USCIS may issue a request for evidence (RFE) if the collateral value is close to the loan amount. EB-5 best practices advise the loan amount should not exceed 70% of the value of the collateral property.

Tax returns and other financial records

Corporate and individual tax returns should be filed in any jurisdiction within the last 5 years. When the tax returns of an applicant reveal a larger income in previous years, he or she should likewise provide tax returns for the 3 years with the highest income. Preferably, EB-5 tax planning must occur before filing and with the assistance of a professional.

EB-5 visa – Australia: Investor, Investment, Benefits

What does an eb 5 visa do for Australian citizens and their family members, who are trying to immigrate to the US? Learn about its advantages:

  • Secured route for Australian families to relocate to the US
  • Easy access to the US business market in order to set up businesses in the US
  • Children are eligible for higher education in the US
  • Children are entitled for in state tuition fee discounts
  • Family can relocate via the EB-5 and get access to the best medical facilities
  • Live and work freely within the US without any restrictions
  • Peacefully retire in any part of the US
  • Travel internationally with very less restrictions

EB 5 Australia – Immigration visa service

EB-5 visa green card program provides Australian nationals to obtain a permanent residence in the US upon meeting the EB-5 requirements. This EB5 Visa will allow applicants and their families to move and live in the US freely. The work opportunities available for green card holders are much higher than any other immigrant. Moreover, green card holders are not required to carry a passport when traveling throughout the United States and its territories. 

To obtain assistance with the necessary documentation and procedures for acquiring a US Residency Green Card, we advise you to employ legal counsel, who specialize in this type of program, since they can assist you on the fastest path to acquiring a Green Card in the United States.

Australia is one of the target markets for the EB-5 companies as the number of applications is on the rise. This eb 5 visa helps secure a permanent future for the children in the US, they get the right to study anywhere and live anywhere. A lot of working professionals are moving to the US for intentional exposure but sometimes are restricted with huge visa restrictions. EB-5 is the ideal route to bypass the complications for the Australian nationals.

Read more: Due diligence for Australian nationals – Project Selection

If wealthy parents “gift” their children EB-5 funds prior to sending them to college, not only would they pay lower tuition fees as U.S. residents, but the post-graduation visa concerns would be eliminated.

How much does EB 5 Visa Cost for Australian citizens?

EB 5 visa cost – Australia

EB5 visa is a path to a USA residency Green card and American Citizenship. The minimum EB5 investment amount is either US $1.05 M or $800 K (1.43M or 1.09M Australian Dollars) in a TEA, Investor visa admin cost, $3,675 for I-526, $1,140 for I-485 application, $3,750 I-829 fee, and lawyer’s charges (an immigration attorney is ideal to handle this since it demands a thorough knowledge of US immigration law). Applicants investing in a TEA project should conduct expert due diligence to guarantee the proposal complies with new program criteria and will be approved. The TEA approval procedure is not separate from the I-526 filing process anymore. Failure to submit adequate data for TEA accreditation can lead to the rejection of the investor’s I-526 petition.

“TEA” is Targeted employment area defined as:
– Rural areas
– Areas with unemployment 1.5x of the national average

How can a Australian citizen get an EB 5 visa in USA?

EB-5 Visa Process – Australia

Below is a step-by-step process for an EB-5 Visa application:

  1. Pick an Investment advisor & Immigration attorney.
  2. Find an EB-5 Project that meets the EB-5 program requirements.
  3. Investment of Capital & Filing of I-526 petition. (Prior to filing for an EB-5 visa at a US Embassy or Consulate outside the United States, the Form I-526 petition should first be approved by the USCIS.)
  4. Apply for Adjustment of status (I-485 application) and DS 260 form.
  5. 2-Year conditional Green card.
  6. Permanent residency & I-829 petition.

EB-5 News for Australia

As per United States Citizenship and Immigration Services (USCIS) Visa Bulletin from June 2023, there is no backlog and no extra wait-time in the timeline for EB-5 applications from Australia.

EB-5 Visa Statistics for Investors from Australia

In FY 2022, 7 EB-5 Visas were issued to Australian investors

Out of these 7 EB-5 Visas, 6 were issued to Australia investors through adjustment of status and 1 was issued through consular processing. All Australia EB5 investors who gained Conditional Green Cards in FY 2022 invested through regional centers. 

A total of 7 EB 5 Visas were issued to Australian investors for FY 2022 according to the Annual Report of the Visa Office from the U.S. Department of State (DOS).

Out of these 7 EB-5 Visas, 6 were issued to Australia investors through adjustment of status and 1 was issued through consular processing. All Australia EB5 investors who gained Conditional Green Cards in FY 2022 invested through regional centers. 

Australia, EB 5 Visa Consultant

EB5 BRICS can help you navigate US Immigrant Green Card Program through our presence in Australia in conjunction with our U.S. Legal Partner.

Schedule an Appointment to speak to Vivek Tandon about your specific situation.

Find more facts and information about other countries in the region: New Zealand

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EB-5 Visa Program Australia FAQ

How many EB 5 visas does the US government issue for Australia each year?

Currently, there is an annual limit of 10,000 such visas with a per country limit of about 700 visas; thus, there is a limit of 700 EB5 visas per year issued to Australian citizens. These types of visas are increasingly becoming popular with wealthy foreign citizens who want to move to the US.

Can an international student from Australia with an F-1 visa apply for EB5 visa?

An EB-5 is certainly available for F-1 visa students from Australia who are in the US. In fact, EB 5 is the preferred path for students and professionals in the US to gain permanent residency allowing them to work and live anywhere in the US without requiring any employer sponsorship.

Can someone from Australia still apply for EB 5 in 2023?

Yes, Australian citizens can apply for an eb 5 visa this year. EB 5 continues to be available despite attempts to limit immigration into the US. EB 5 has been specifically excluded from any immigration bans and changes.

Can an Australian citizen apply for EB 5 while on H1b?

Yes, H1-B visa is a dual intent visa which means Australian citizens can apply for permanent immigration to the US through EB-5 while they are in the USA on a non immigrant visa such as H-1B.