Malaysia Investors for EB-5 Visa Guide: Definition, Requirements, and Application Process

The EB-5 Visa for Malaysia investors is an immigrant visa that grants a U.S. green card (permanent residence) to qualified applicants. A green card (permanent residence) allows Malaysian investors and their dependents to permanently stay in the United States. The EB5 Visa for Malaysian investors requires a minimum investment that creates at least 10 full-time jobs for U.S. citizens. The application process for EB-5 Visa for Malaysia investors does not face any backlog and remains on “current” status. 

The EB-5 Visa benefits Malaysia investors and their dependents through faster US immigration. The children of Malaysian investors can obtain a U.S. education with a green card. Malaysian investors can invest and set up businesses in the U.S. with the EB5 Visa without sponsorship limitations.

What is EB-5 Visa for Malaysia Investors?

The EB-5 Visa for Malaysia investors is an immigrant investor visa that grants a U.S. green card (permanent residence) for approved applicants. A green card (permanent residence) allows Malaysian investors and their dependents to stay permanently in the United States. The EB5 Visa for Malaysia investors requires a minimum amount invested in a U.S. business. The investment has to generate at least 10 full-time jobs for U.S. citizens.

What are the Benefits of EB-5 Visa for Malaysia Investors?

Malaysian investors and their dependents can enjoy the following with an EB-5 Visa.

• Permanent residence in the US. Malaysian investors can take their spouses and minor children to relocate to the US with a green card. Malaysian green card holders can travel and work anywhere in the US. 
• Investment in the US. Malaysian investors with EB5 Visa can set up multiple businesses in the US without the need for sponsorship. 
• Education in the US. Malaysian investors can send their children to the top educational schools and universities in the US with a green card. These are the benefits enjoyed by children of Malaysian investors as dependents of the EB-5 Visa.
  • Study in some of the best institutions in the world without facing restrictions imposed on foreign students.
  • Pay 150% to 300% lower tuition fees as compared to foreign students.
  • Enjoy more funding and scholarship options as compared to foreign students.
  • Study as a day scholar and avoid long separation from family just to obtain a quality education.
  • Explore job opportunities without worrying about issues like work permits, sponsorship, processing delays, expiry of visa, or restrictions on job mobility. 
• Malaysian investors enjoy greater international mobility through the visa-free travel privileges available to US green cardholders.

What are the Risks of EB-5 Visa for Malaysia Investors?

Malaysian investors have to be aware of these risks during an EB-5 Visa application.

• Risk on investment. An EB5 investment does not guarantee a return on investment. The main benefit of the EB-5 for Malaysia investors is the ability to obtain US permanent residence.
• Risk on immigration. An EB-5 project investment does not automatically result in a US green card. The Malaysia investor should meet all the criteria of the EB5 Visa to be granted permanent residence in the US.
• Risk of fraud. Firms or individuals can claim to be migration brokers or immigration consultants. The Malaysian investor should thoroughly research an EB-5 project to ensure its legitimacy and avoid huge losses.

How Much Does an EB-5 Visa Cost for Malaysia Investors?

These are the costs of an EB-5 Visa for Malaysian investors.

• EB-5 investment
  • $800,000 (RM3,518,400 Malaysian Ringgit) for a Targeted Employment Area 
  • $1,050,000 (RM4,617,900 Malaysian Ringgit) for a non-Targeted Employment Area
• Form I-526- $3,675 (RM16,162.65 Malaysian Ringgit)
• Application to Register Permanent Residence or Adjust Status (Form I-485)- $1,140 (RM5,013.72 Malaysian Ringgit)
• Form I-829- $3,750 (RM16,492.50 Malaysian Ringgit)

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

Bank Negara Malaysia is the Malaysian Central Bank that has framework and monetary policy for moving assets and money outside of Malaysia.

How can I Transfer EB-5 Funds from Malaysia?

Malaysian investors need to prove that they invested the minimum amount required by the EB-5 Visa. Form I-526 must show that the EB-5 investment was acquired and transferred lawfully. Malaysian investors have to transfer the EB-5 investment fund into the EB5 project’s escrow account prior to filing Form I-526. An escrow account is an interest-bearing bank account. An escrow account keeps huge sums of money for businesses until all transactions are complete. The escrow agreement should state that the entire amount of required capital will be invested in the EB-5 project. The bank holding the escrow account should show no relationship to the Malaysian investor and the EB-5 project.  

What is the Priority Date for EB5 Visa for Malaysia Investors?

The EB-5 Visa for Malaysian investors remains on “current” status according to the U.S. Department of State (DOS) October 2022 visa bulletin. “Current” status means that there is no retrogression (backlog) in the application for EB-5 Visa for Malaysia investors. 

How Long Does it Take to Acquire an I-526 Approval for the Malaysia Investor under EB 5?

The USCIS approves all I-526 applications for an EB5 Visa. The processing of I-526 depends on the nature of the case and the service center processing the application. The approval of an I-526 for Malaysian investors can take between 29.5 to 61 months. 

How can a Malaysia Citizen Immigrate to the United States Using the EB-5 Program?

The process of immigration for Malaysia investors using the EB-5 Program involves 6 steps.

1. Petitioning for an EB-5 Visa. Filing of Form I-526 to the USCIS.
2. Applying for an EB5 Visa. Form I-526 must be approved by USCIS prior to applying for the EB5 Visa.
   1. Applying from overseas. Filing of the Online Immigrant Visa and Alien Registration Application (Form DS-260).
   2. Applying within the US. Filing of Application to Register Permanent Residence or Adjust Status (Form I-485).
3. Granting of EB-5 Visa.
4. Obtaining conditional permanent residence. The conditional green card is valid for 2 years for the Malaysian investor and his/her dependents. 
5. Removing conditions on permanent residence. Form I-829 is submitted to USCIS within the 90-day period prior to the second anniversary as an EB5 investor in the US.
6. Gaining lawful permanent residence. A lawful permanent residence (unconditional green card) is valid for 10 years. 

What is the EB-5 Visa Statistics for Malaysia Investors?

There were 0 EB5 Visas issued to Malaysian investors in FY 2024 according to the Report of the Visa Office 2024. 

What are the Challenges for Malaysia Investors for EB-5?

Malaysian investors face specific challenges when applying for the EB-5 Visa. The first is the ability to meet the minimum investment capital. The Malaysian investor should be prepared to supply the minimum investment and prove a legal source of EB5 funds. The second is the risk of losses in the EB5 investment project. There is no guarantee of repayment in the EB5 project. The main benefit of the EB-5 Visa for Malaysian investors is getting permanent residence in the US. The third is the occurrence of fraud schemes that target EB-5 investors. Hiring an EB-5 attorney, consulting the right experts, and working with reputable EB-5 partners help solve these challenges of the EB-5 Program. 

What is the Best Project to Invest in with an EB-5 Visa for Malaysia Investors?

An EB-5 project is the business investment required for an EB-5 Visa for Malaysia investors. Popular EB-5 projects include hotel construction and the restaurant industry. The nature of an EB-5 project for hotel construction allows for the generation of multiple jobs for Americans. An EB-5 project for the restaurant industry provides a sizeable cash flow for repayment and return on capital.

What Does the Future Hold for EB-5 Investors from Malaysia?

Malaysian investors do not face retrogression (backlog) in the application for EB-5 Visa. The “current” status of EB5 Visa for Malaysia investors is an advantage in the growth potential of the EB5 market for Malaysian investors.

What are the Other US Visa Available for Malaysia Nationals?

Immigrant and nonimmigrant visas are available to Malaysian nationals to grant entry to the United States. Immigrant petitions are approved by the USCIS prior to applying for visa approval. The petition is filed by a qualified relative or a potential employer. Nonimmigrant visas are available to foreign citizens who wish to enter the United States temporarily. Nonimmigrant visas are granted to tourists, business people, students, or specialty workers for a particular period of time to accomplish specific purposes. 

The following are the US Visas available to Malaysian nationals.

 Immigrant Visas

• Family-Based Immigration. For foreign citizens sponsored by an immediate relative who is a U.S. citizen or a U.S. green card holder and is at least 21 years old.
• Fiancé(e) K-1 nonimmigrant visa. For a foreign fiancé(e) of a US citizen. The foreign fiancé(e) is allowed to stay in the U.S. to apply for permanent residency after marriage.
• K-3 Visa. For the foreign spouse of a U.S. citizen traveling to reside in the U.S. while awaiting final completion of their immigration. The spouse’s children can enter the U.S. with a K-4 Visa.
• Intercountry Adoption. For adopting children outside of the US.
• Employment-Based Immigration. For qualified applicants under the provisions of US immigration law. The EB-5 Visa falls under the Employment Fifth Preference (E5). 
• Diversity Visa. For countries with low rates of immigration to the US in the previous 5 years.
• Returning Resident Visa. For permanent residents who have remained outside of the US for more than 1 year, or beyond the validity period of their Re-entry Permit.

Nonimmigrant Visas

• B-1/B-2 Visitor Visa. For people traveling to the US for business or pleasure, or for medical treatment.
• Work Visa. For temporary workers petitioned to work in the US.
• Student Visa. For foreign citizens who wish to study in the US.
• Exchange Visitor Visa. For foreign citizens participating in exchange programs.
• Transit/Ship Crew Visa. For foreign citizens traveling in immediate and continuous transit through the US en route to a foreign destination.
• Religious Worker Visa. For individuals seeking US entry to work in a religious capacity on a temporary basis.
• Domestic Employee Visa. For personal or domestic servants who are accompanying an employer to the US.
• Journalist and Media Visa. For representatives of the foreign media traveling to the US to engage in their profession while having their home office in a foreign country.

What is the Most Popular State in the United States for Malaysia Investors to Migrate to?

The states of New York and California have the most Malaysian population in 2015 as per the Pew Research Center analysis of 2013-2015 American Community Survey (IPUMS). 

What is the Current Retrogression Situation for Malaysia Investors?

There is no backlog in the EB5 application for Malaysia investors. Malaysian investors are able to obtain their EB-5 Visas faster compared to applicants from India and China.

What are the Issues Experienced by the Malaysians with the EB-5 Visa?

The two common issues with the EB5 Visa application for Malaysian investors are job creation and inadequate proof of funds. The Malaysian investor’s business plan should prove that the EB-5 project will be able to create a minimum of 10 new full-time American employees. The Malaysian investor needs to prove that the EB-5 investment was acquired legally and will be used for the EB-5 project. Documents such as proof of ownership and registration, income tax returns, bank account reports, and salary reports should be submitted to the USCIS to prevent application denials.

What is a Targeted Employment Area?

A targeted employment area (TEA) is a region in the United States where the threshold for investment is $800,000 (RM3,518,400 Malaysian Ringgit) for Malaysian investors to qualify for the EB-5 Visa. The two kinds of targeted employment areas are high unemployment areas and rural areas.

What Other Countries can Invest in the EB-5 Visa Program?

There were nearly 100,000 foreign investors who obtained permanent residence in the United States via the EB-5 Program from 2012 to 2022 according to “The United States EB-5 Program” by Investment Migration Insider. About 80% of EB5 investors come from Taiwan, China, South Korea, and the United Kingdom. Below are the top countries that apply for the EB-5 Visa. 

• Mexico Investors EB5 Visa
• India Investors EB5 Visa
• Taiwan Investors EB5 Visa
• Nigeria Investors EB5 Visa
• Vietnam Investors EB5 Visa
• South Korea Investors EB5 Visa
• The United Kingdom Investors EB5 Visa
• China Investors EB5 Visa

Is USA a Good Foreign Market to Invest in for Malaysia Citizens?

Yes, the United States and Malaysia engage closely in trade and investment activities. Foreign direct investment from Malaysia to the U.S. increased by 10.9% from 2019 to 2020. The total foreign direct investment of Malaysia to the U.S. was $863 million according to the Office of the United States Trade Representative.

Can EB-5 Visa Attorney Speed Up the Process of EB-5 Visa?

Yes, an EB-5 Visa attorney helps Malaysia investors in their application to speed up its processing. Delays from processing errors and documentation issues can be prevented by hiring an EB5 Visa Attorney.

Is Obtaining an EB-5 Easy for Malaysia Investors?

Malaysian investors are able to obtain their EB-5 Visas faster because of the “current” visa bulletin status of the application for Malaysia. 

Can a Malaysian Investor Borrow Money for EB-5 Visa?

Yes, Malaysian investors can use loans for their EB-5 Visa application. The loan has to be secured by assets and the collateral cannot be the same EB-5 project. 

Can a Malaysian Invest in the United States?

The EB5 Visa and the E-2 Visa are the two investment visas in the United States. The E2 Visa is a nonimmigrant visa that allows nationals of treaty countries to invest in a US business. A treaty country maintains a treaty of commerce and navigation with the US. Malaysia has an existing treaty with the United States and qualifies for the E2 Visa.

The E-2 Visa does not have a direct path to a green card, unlike the EB5 Visa. A substantial investment of at least $150,000 (RM659,700 Malaysian Ringgit) is required for an E-2 Visa investment. There is no requirement for minimum job creation for E2 Visa. 

Does a Malaysian Need a Visa for USA?

Yes, Malaysian citizens need to have a visa to enter the United States. Malaysia does not qualify for the Visa Waiver Program that allows citizens from 38 countries to travel visa-free to the US. Countries that qualify for the Visa Waiver Program include Australia, Germany, Japan, New Zealand, and South Korea.  

EB-5 News for Malaysia

As per United States Citizenship and Immigration Services (USCIS) Visa Bulletin from October 2022, there is no backlog and no extra wait-time in the timeline for EB-5 applications from Malaysia.

Malaysia Investors for EB-5 Visa Program FAQ