La résurgence de l'EB-5
Kyle Huffman • May 16, 2024
Click here to read this article in English
Le programme de visa d'immigrant investisseur EB-5 a longtemps été une source d'opportunités pour ceux qui cherchaient à s'étab lir aux États-Unis. Cependant, ces dernières années, son attrait s'est estompé en raison de préoccupations concernant l'intégrité, les abus du programme et les incertitudes quant à son avenir. Pourtant, avec l'adoption de la loi de 2022 sur la réforme et l'intégrité du programme EB-5, ce dernier est sur le point de renaître et de capter à nouveau l'attention des investisseurs du monde entier.
Pour ceux qui ne le savent pas, le programme EB-5 offre aux investisseurs étrangers et à leur famille une voie d'accès à la résidence permanente aux États-Unis en investissant un montant minimum dans une entreprise américaine qualifiée. Cet investissement doit créer ou préserver un certain nombre d'emplois pour les travailleurs américains. Historiquement, le programme a été populaire parmi les personnes aisées qui cherchaient non seulement à obtenir une résidence, mais aussi à contribuer à l'économie américaine.
Toutefois, ces dernières années, le programme a fait l'objet de critiques et d'un examen minutieux en raison d'allégations de fraude, d'abus et d'inefficacité. Les investisseurs sont devenus méfiants et la popularité du programme a diminué. Les candidats potentiels hésitaient à engager des fonds importants dans un programme entaché d'incertitudes et d'obstacles bureaucratiques.
La loi de 2022 sur la réforme et l'intégrité du programme EB-5
a vu le jour. Cette loi historique répond à de nombreuses préoccupations qui ont affecté le programme ces dernières années. Parmi ses principales dispositions figurent le relèvement des seuils d'investissement, des mesures de contrôle plus strictes et des réformes visant à promouvoir l'intégrité et la transparence du programme.
L'un des changements les plus importants introduits par la loi de réforme consiste à donner aux services de citoyenneté et d'immigration des États-Unis (USCIS) les moyens de contrôler et d'enquêter plus efficacement sur les cas potentiels de fraude ou d'abus. En outre, la loi introduit des mesures visant à rationaliser le processus de demande, en réduisant les formalités administratives et en accélérant le traitement des demandes EB-5, ce qui se traduit par un traitement plus rapide des investissements légitimes.
L'adoption de la loi de 2022 sur la réforme et l'intégrité du programme EB-5 a donné un nouveau souffle au programme EB-5, ravivant l'intérêt des investisseurs et des acteurs de l'immigration. Grâce à ses mesures d'intégrité renforcées et à ses procédures rationalisées, le programme représente à nouveau une opportunité convaincante pour ceux qui cherchent à poursuivre le rêve américain.
Nous assistons déjà à un regain d'intérêt pour le programme EB-5 de la part d'investisseurs du monde entier. Les promoteurs et les centres régionaux saisissent l'occasion de tirer parti de ce regain d'enthousiasme, en présentant un large éventail d'opportunités d'investissement dans divers secteurs et régions.
En outre, la revitalisation du programme EB-5 a des implications significatives pour l'économie américaine. En attirant les investissements étrangers, le programme peut créer des emplois, stimuler la croissance économique et faciliter le développement des communautés dans le besoin. De plus, il souligne l'engagement des États-Unis à accueillir et à exploiter les talents et les ressources des investisseurs immigrés.
L'adoption de la loi de 2022 sur la réforme et l'intégrité du programme EB-5 marque un tournant dans l'histoire de ce programme. En répondant à des préoccupations de longue date et en mettant en œuvre des réformes globales, la loi a rétabli la confiance dans le programme et l'a positionné pour un avenir prospère. Alors que les investisseurs et les promoteurs saisissent les opportunités offertes par le programme EB-5 revitalisé, nous prévoyons un regain d'intérêt et d'activité, réaffirmant le statut du programme en tant que pierre angulaire de la politique d'immigration et du développement économique des États-Unis.
J'encourage tous les investisseurs potentiels à rencontrer l'un de nos avocats qualifiés pour discuter de la possibilité d'obtenir la résidence permanente, et éventuellement la citoyenneté, grâce à un investissement admissible dans le cadre du programme de visa d'investisseur immigrant EB-5. Nous serons ravis de travailler avec vous!
Ce blog n'est pas destiné à fournir des conseils juridiques et rien ici ne doit être interprété comme établissant une relation avocat-client. Veuillez prendre rendez-vous avec un avocat spécialisé en droit de l'immigration avant d'agir sur la base de toute information lue ici.
Kyle Huffman
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Embarking on the EB-5 immigration journey is both a profound personal endeavor and a strategic investment decision. For individuals seeking to make the United States their new home while contributing to its economic landscape, the EB-5 Immigrant Investor Program offers a pathway unlike any other. This program, established by the U.S. government in 1990, provides foreign investors with the opportunity to obtain permanent residency in the United States by investing in job-creating enterprises . However, navigating the complexities of the EB-5 process requires a thorough understanding of its intricacies, requirements, and potential pitfalls. In this guide, we provide a brief overview of the steps and documents involved in the EB-5 immigration process, shedding light on its key components, eligibility criteria, investment options, and procedural steps, empowering prospective investors with the knowledge needed to embark on this transformative journey with confidence. 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When applying for a green card or seeking admission into the United States, one of the legal hurdles many applicants may face is the public charge ground of inadmissibility. This test evaluates whether someone is likely to become primarily dependent on the government for support. But what exactly does that mean—and what types of public benefits can trigger this issue? In this article, we’ll break down what “public charge” really means, who is affected, what types of public benefits are considered, and what immigrants should be mindful of when making decisions about public programs like Medi-Cal and Medicaid. What Is the Public Charge Ground of Inadmissibility? The public charge rule applies to individuals applying for a visa, green card (adjustment of status), or entry into the U.S., unless they fall into an exempt category. 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These include: Asylees and refugees Special immigrant juveniles Violence Against Women Act (VAWA) self-petitioners T and U visa applicants Temporary Protected Status (TPS) applicants Importantly, even if someone later adjusts status through a different pathway that is subject to public charge, any benefits they received while in an exempt category will not be held against them. What Public Benefits Are Not Considered in the Public Charge Test? It is a common and harmful myth that using any public benefit will jeopardize your immigration status. In fact, most non-cash benefits do not count against you in a public charge determination. According to USCIS and DHS guidance, the following types of assistance (current as of July 1, 2025) are not considered: Health-Related Benefits Medi-Cal/Medicaid, except for long-term institutional care Children’s Health Insurance Program (CHIP) Health insurance through the ACA Marketplace, including subsidies COVID-19 testing, vaccines, and treatment Community health services, crisis counseling, and short-term shelters Food and Nutrition SNAP (Food Stamps) WIC School meal programs Food banks and emergency food assistance Housing and Energy Emergency shelter Rental assistance (e.g., McKinney-Vento programs) Energy assistance (e.g., LIHEAP) Education and Childcare Public schooling Head Start Childcare subsidies (e.g., CCDF) Educational grants and scholarships Federal Cash and Tax Benefits Earned income tax credit (EITC) Child Tax Credit (CTC) Stimulus checks Unemployment insurance Social Security and veteran’s benefits Disaster and pandemic-related cash aid In short, just because a benefit is public or government-funded doesn’t automatically make it count against you. 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For that reason, we generally recommend that individuals who are applying for adjustment of status, or who may be subject to the public charge ground in the future, avoid enrolling in Medi-Cal or Medicaid at this time, unless absolutely necessary. Final Thoughts Immigration law is complex, and the rules surrounding public charge can feel confusing or even frightening. But it’s important to understand that using most public benefits—especially for food, education, and healthcare—will not automatically jeopardize your green card or visa application. Still, because policy can change quickly, we urge individuals to consult with an immigration attorney before applying for any public assistance—especially healthcare programs like Medi-Cal or Medicaid. If you have questions or concerns about how public benefits might impact your immigration case, our office is here to help. We are committed to providing up-to-date, personalized guidance to keep your immigration journey on track. Disclaimer The information provided herein is for general informational purposes only and does not constitute legal advice. Every immigration case is unique, and the application of the public charge rule may vary depending on your specific situation. If you believe this topic may apply to you or you need individualized legal guidance, we encourage you to contact one of our highly-qualified legal professionals for a consultation and assistance tailored to your circumstances. Resources: USCIS Public Charge Resources ILRC Medi-Cal and Public Charge Alert (2024) California Medi-Cal Immigrant Eligibility FAQ
