Eb5-Faq

FAQs

EB-5 Visa is an Immigrant Investor visa administered by the USCIS ( U. S. Citizenship and Immigration Services).  It is the fastest way to get your USA green card and permanent residency.

The amount needed is $500,000, when you invest into an approved project through a regional center into a Targeted Employment Area (TEA).  The minimum amount for areas other than TEA is $1 million.

An unsecured promissory note is not an investment of capital. The investment must be in real money. Alternatively, the investor must demonstrate that the note is secured by his or her property and the secured note is used by the enterprise to receive funding as an investment.

Yes, but investment can only come from joint accounts owned by the investor and his/her spouse. This does not extend to joint accounts held with other family members. The investor must establish that all funds come from accounts under his/her name.

An EB-5 Regional Center is an organization designated by United States Citizenship and Immigration Services (USCIS) that sponsors capital investment projects for investment by EB-5 investors. The major advantage for regional center designation is that the regional center can take advantage of indirect job creation.

By Investing into an approved development project, you are satisfying all of the requirements of the EB-5 Visa program, without having to start and manage your own business – as the project will create the required number of jobs.
The investors can live, work or retire anywhere they want in the U.S. They are not restricted to where their investment was made.

  • Legal permanent residents under the EB-5 Investor Program enjoy many of the same benefits as United States citizens.
  • The U.S. is a safe harbour for your family, as well as your personal and business investments.
  • Any member of a family with an EB-5 Green Card can enter the U.S. at any time and stay as long as he/she wishes.
  • Investors have constant and easy access to the United States for personal, trade and business purposes.
  • Permanent residents travel to the U.S. without the need of a Visa.
  • Investors may work, live or own their own proprietary business anywhere in the United States.
  • The U.S. has internationally recognized colleges and universities for basic education and graduate study. As a resident, the immigrant investor can benefit from lower college tuition costs, as well.
  • The cost of living in the U.S. is lower than most large industrial nations. Consumer goods, services and housing are significantly less expensive than comparable services and goods in most other countries.
  • Students may work in the U.S. while they attend college and continue to work thereafter. This enables the student to pay part of their education while completing graduate and postgraduate studies.
  • The U.S. provides many financial, social and education entitlements: public schools, health and medical attention, social security and higher education.
  • The immigrant investor has ability to bring other family members to the United States after proper applications and can obtain U.S. citizenship after 5 years.
  • Permanent residency requires no renewal or re-application, except for a processing fee.

The EB-5 visa program was created in 1990 to encourage foreign investment into the American Economy. The program was created for Non-U.S. Citizens who are rewarded with Permanent Residence, when investing and creating jobs in U.S.

The EB-5 Visa program allots 10,000 visa numbers each year for immigrant investors and their accompanying family members. Of this allotment of visa numbers, 3,000 are reserved for immigrant investors who rely on the Regional Center Pilot Program.

For the EB-5 program, a Targeted Employment Area (TEA) allows an investment of $500,000 rather than the regular investment of $1,000,000 which is usually required to get Residency. A TEA is an area of America that has experienced higher level of unemployment than the national average.

Immigrant investors are not required to demonstrate any minimum level of education or work experience. The main requirement for immigrant investors is to demonstrate they have the requisite net worth to make the investment and that the net worth was obtained by lawful means. Proper documentation to establish both requirements is critical for the approval of the I-526.

No. Immigrant investors on the EB-5 visa program are not required to satisfy English language proficiency.

The Immigrant investors can rely on any documentation demonstrating the funds were obtained lawfully, such as business records, salary and payroll records, tax records, investment portfolios, sale of assets such as real estate, inheritance, gift, loan and even certifications from the immigrant investors licensed accountants and any combination thereof. There is more than one way to successfully demonstrate the lawful source of the funds used to invest in the EB-5 project. We will work with immigrant investors and their representatives to address this issue to ensure proper documentation is submitted.

An accredited investor is someone who either has a NET worth of over $1,000,000 (not including main residence) OR makes $200,000 per year income OR makes a combined income with their spouse of over $300,000 per year. To qualify for the EB-5 visa program and as an accredited investor, you must meet only of these criteria.

Usually, the entire process takes about one and a half years for an EB-5 applicant to get a conditional green card. It takes about six months to receive approval for an I-526 petition. Petitioners living in the United States should then expect to wait another six months for approval of their adjustment of status, but this can sometimes take longer if the background check does not clear in a timely manner. Petitioners living abroad at the time of application should apply for an immigration visa through an American consulate office, a process which also takes approximately six months. After approval of the immigrant visa through consular processing, the investors and their families receive conditional green cards within a few weeks or months of arrival into the United States.

A conditional Green Card is a temporary Green Card valid for two years. An EB-5 investor first receives a conditional card before he/she can receive a green card without conditions. When the investor successfully applies for a removal of conditions, the investor and his immediate family members are given a permanent Green Card.

This is the document which needs to be filed once you have invested into a project. The I-526 Petition demonstrates that the investor has invested the required amount into a suitable EB-5 project. The I-526 petition also demonstrates that the capital invested has come from a lawful source of funds. The applicant therefore must provide evidence that is traceable, proving the funds were obtained legally.

Upon approval of an I-526 Petition, you must wait for notification from the U.S. Consulate in your home country (if you are not in the U.S.) to prepare documents for the Visa interview. At the interview, the consulate officer may address the issues and information printed on the I-526 application, including asking for a summary of the nature of your immigrant investment. If you and your family are in the United States, then you may be able to apply for an Adjustment of Status by filing form I-485 with supporting documents. The application may be filed at the appropriate office of the US Citizenship Immigration Services (USCIS). You should speak with an immigration attorney regarding the benefits of both, as one may be less advisable.

The most common reason for rejection of the EB-5 visa application is the failure of the applicant to reveal that he/she had legally earned the invested money. The applicant needs to prove that his/her entire investment is lawfully gained through the legal business process, sales, investment or through inheritance. If there is any kind of hint regarding the illegal financial gain, soon the visa application will be denied. Thus, if you want a permanent residency in the United States through the EB-5 Visa Plan, make sure all your funding is earned legally.

After you receive a conditional green card by United States overseas consulate office, you must enter the U.S. within 180 days.

Once in the United States, you need to establish residency by either:

  • Obtaining a social security number
  • Opening a bank account
  • Getting a driver’s license
  • Renting or buying a home
  • Admitting Children to schools / college
  • Payment of utility bills like phone, electricity, water etc
  • Payment of taxes to US Govt as applicable

You may work overseas if the nature of your business or profession requires it. But if you live outside the United States, we advise you and your family re-enter the U.S. every six months. The longer you and your family are in the United States, the less likely the US government will make claim that you have abandoned the United States as your permanent residence & endanger your green card status.

Alternatively you may apply for a re-entry permit while you are in US if you want to stay out of US for a longer period. This will decrease risk if you are planning on being overseas for an extended period.

To become a naturalized US citizen, after five years as a LPR, you can qualify to apply for US citizenship. But you must also be physically present in the United States for 30 monthscontinuously during the five years as LPR.

There is no limit to the number of investors who may qualify for immigration based upon an investment in a single business. However, each investor must invest the required minimum amount, and the number of jobs created must be equal to ten times the number of qualifying investors. For example, if five investors invest $1 million each in a business, they can each qualify for GC if 50 jobs are created for qualifying US citizens in their business.

The EB-5 regulations require involvement in management or policy making. The regulations require a limited partner in a limited partnership that conforms to the Uniform Limited Partnership Act is sufficiently engaged in the policy-making of an EB-5 enterprise.

The statute and regulations can be accessed via the U.S. Citizenship and Immigration Service (USCIS) website at www.uscis.gov.

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EB-5 Immigrant Investor Program

EB-5 gives investors an opportunity to rapidly obtain a green card in exchange for making qualifying, job-creating investments in the United States.

For more details about EB-5 Program please download our Brochure