EB-5 vs Australia’s Significant Investor Visa (SIV)

The choice between the United States' EB-5 Immigrant Investor Program and Australia's Significant Investor Visa (SIV) is a critical decision for high-net-worth individuals seeking residency through investment. While both pathways offer a route to permanent residency, their requirements, investment thresholds, and processing timelines differ significantly.

Understanding the Core Objectives

Both programs aim to attract foreign capital in exchange for residency pathways, but their underlying philosophies vary.

• EB-5 (USA): Focuses on job creation, requiring a direct or indirect creation of 10 full-time jobs per investor, alongside a minimum investment in a Targeted Employment Area (TEA) or infrastructure project.
• SIV (Australia): Primarily focuses on passive investment into complying Australian assets, with less stringent direct job creation requirements tied to the investment itself.

Investment Thresholds and Capital Commitment

The amount of capital required is often the most immediate differentiator:

The SIV requires a significantly larger upfront commitment, though the US program demands evidence of job creation efficacy.

Key Differences in Processing and Path to Permanent Residency

The journey to permanent residency differs in structure and duration for each visa.

EB-5 Pathway

1. I-526 Filing: Demonstrating capital commitment and projected job creation.
2. Conditional Residency (2 years): Granted upon I-526 approval and visa issuance.
3. I-829 Filing: Filed near the end of the conditional period to prove sustained job creation.
4. Permanent Residency: Granted upon I-829 approval.

SIV Pathway

The SIV process is generally more streamlined regarding ongoing compliance after the initial investment:

• Expression of Interest (EOI) and Nomination.
• Visa Grant (Subclass 188C): Initial provisional visa granted.
• Residency Requirements: Must maintain the investment and meet minimum physical presence requirements during the provisional period.
• Permanent Residency (Subclass 888): Applied for after 3 years, provided compliance conditions are met.

Note the SIV often requires physical presence in Australia for relatively short periods compared to the US Green Card maintenance requirements.

Compliance and Maintenance Requirements

Maintaining status under either program demands ongoing adherence to specific rules:

The EB-5 is inherently active, demanding verifiable economic impact (jobs), whereas the SIV is largely passive, demanding capital preservation and compliance with investment vehicle rules.

EB-5 Compliance Focus:

• Evidence of 10 qualifying jobs maintained for the required period.
• Ensuring the investment capital remains "at risk."

SIV Compliance Focus:

• Maintaining the AUD $5 million investment in complying assets.
• Meeting minimal physical presence rules (e.g., 40 days per year, depending on the specific visa subclass pathway chosen).

Conclusion

Selecting between the EB-5 and the SIV depends entirely on the investor's primary goals. If the goal is a path to US residency tied to direct economic stimulus and job creation, the EB-5 is appropriate, despite its complexity regarding job metrics. If the investor prefers a higher capital threshold for a more passive investment strategy leading to Australian residency with minimal physical presence obligations, the SIV often presents a cleaner structure, provided the AUD $5 million capital is readily available.

Consulting immigration and financial advisors specializing in both jurisdictions is paramount before committing substantial capital.