EB-5 Frequently Asked Questions
Below are answers to some of the questions we are routinely asked about the EB-5 Immigrant Investor Program.*
What is the eb-5 immigrant investor program?
The EB-5 Immigrant Investor Program is a special immigration program created by the United States Congress in 1990 to stimulate the U.S. economy through job creation by immigrant investors. There are 10,000 EB-5 immigrant visas available annually, of which 3,000 are set aside for foreign nationals who invest in regional centers designated by U.S. Citizen and Immigration Services (USCIS) based on proposals for promoting economic growth.
Who is eligible for permanent residency (green card) through the eb-5 Immigrant investor program?
A husband, wife and any unmarried children under the age of 21. A child must be under 21 at the time of filing the I-526 petition. Consult your immigration attorney for further information. It is possible for adopted children to be included in the family. Upon approval, you will receive a form evidencing approval and a travel document. You should also receive a temporary green card in the mail.
Do investors have to speak english to be approved?
No, the ability to speak English is not a requirement; however, an investor should obtain the services of a translator (friend, attorney, family member) to read the materials as English is the official language of all documents used in the EB-5 transaction process.
Are there educational or business experience requirements?
There are no educational requirements for investors. In addition, investors are not required to have prior business experience. However, investors should have experience in investing or have the ability to understand the transactional documents for the EB-5 investment, and they must have the required net worth and capital to make such an investment.
What is the minimum amount of investment required in the eb-5 program?
For investments in a targeted employment area (TEA), which include most regional center projects, the minimum investment amount is US $800,000. For investments in areas other than a TEA, the minimum amount of investment is US $1,050,000.
What is a targeted employment area?
A TEA is a geographic area that qualifies for the incentive of a reduced minimum investment amount. For EB-5 applicants who invest in a project located in a TEA, the required minimum investment is lowered from $1,050,000 million to $800,000.
As defined by USCIS, a TEA can be a rural area or a high-unemployment area.
- A rural area means an area that is not within the boundaries of a metropolitan statistical area, or of a city or town with a population of 20,000 or more.
- A high unemployment area is an area that has experienced unemployment of at least 150% of the national average rate. Areas that can be designated for high unemployment include a metropolitan statistical area, county, single census tract or group of census tracts.
USCIS specifies that the unemployment data provided to the public by the Census Bureau (through the American Community Survey) and the Bureau of Labor Statistics qualify as reliable and verifiable data to qualify a TEA using proper methodology. The regional center will provide evidence to show that a project location meets TEA qualifications. This evidence will be submitted and reviewed as part of the investor’s Form I-526 petition.
Where can investment funds come from?
USCIS requires investors to demonstrate that their assets were gained in a lawful manner. This requires proving that the investment funds were obtained through lawful business, salary, investments, property sales, property loan, inheritance, gift, loan or other lawful means. If the money is a gift, investors must demonstrate that the gift is an actual transaction and is not an undocumented loan, or that the gifted funds are expected to be returned after permanent resident status is granted.
What are the primary requirements for an eb-5 investment?
An EB-5 investment must meet the minimum required investment amount, be an “at risk” investment with the potential for gain or loss and create at least 10 new American jobs.
What does it mean that an eb-5 investment must be “at risk?”
The EB-5 Program requires EB-5 investors to make an “at-risk” investment, which means there must be a risk of loss and a chance for gain. The investment must not contain any right of redemption of capital, meaning an investor must not have any payment guarantees or the ability to redeem their investment amount at their discretion. Just because the EB-5 Program requires that the investment be “at risk” does not mean it has to be “risky.” Investors should perform thorough due diligence during their project selection with the main considerations being the likelihood of obtaining a green card and a return of their capital.
What is the total cost of an eb-5 visa?
Beyond the minimum EB-5 investment, investors should be prepared to pay a syndication price for a subscription in an approved EB-5 partnership, immigration attorney fees and filing fees to submit their immigration petitions to USCIS.
How long does it take to receive the green card?
The average EB-5 Program processing time is approximately two to three years or longer. The initial application and petition are usually approved in six to eight months, with the balance of the time being required for completing other USCIS and Department of State forms, and for scheduling the interview. Investors living in the United States should then expect to wait another six months for approval of their adjustment of status. Investors living abroad at the time of application should apply for an immigration visa through an American consulate, a process which also takes approximately six months. After approval of the immigrant visa through consular processing, investors and their families receive conditional green cards within a few weeks of their arrival in the United States.
Is the eb-5 green card guaranteed by participating in the eb-5 program?
A green card is not guaranteed through participation in the EB-5 Program, as no one can ever guarantee the outcome of any immigration petition. The EB-5 Program involves both an investment and an immigration program. You cannot be guaranteed any particular outcome regarding the investment or your immigration status. This is why a very careful analysis of the merits of each EB-5 offering as well as the claims of success made by regional centers and other EB-5 practitioners is very important when performing your due diligence.
What must be proven in order to obtain removal of conditions on Permanent residence?
Investors must prove that the investment has been sustained – not withdrawn – and that the requisite jobs have been created as a result of the investment.
Are investors free to travel after obtaining conditional resident status?
All green card holders in the family are free to travel in and out of the United States subject to the rules generally applicable to permanent residents. Specifically, investors must maintain a residence in the United States and must not be outside the United States for a continuous period of one year or more, unless a reentry permit has been obtained.
For additional information, visit the U.S. Citizenship and Immigration Services (USCIS) website.
Do I have to live or work in a certain part of the united states?
You have the freedom to work and live anywhere you choose in the United States under the EB-5 Program.
Can I apply for the eb-5 program if i am already in the united states?
Investors already in the United States on a non-immigrant visa are eligible to apply for EB-5. When investors receive an I-526E approval they will apply for an adjustment of status, rather than a consular interview.
*The questions and answers on this page are for informational purposes only and are not to be relied upon as legal advice. Nysa EB-5 urges all prospective investors to consult a licensed immigration attorney when working on EB-5 applications. If you choose to work with Nysa EB-5, we have a network of highly experienced immigration attorneys we work with who will help guide you through the legal aspects of the process.
