Frequently Asked Questions
Do I need to be fluent in English to apply for the EB-5 visa?
No, being fluent in English is not required. If you are interested in the EB-5 visa but are concerned about a language barrier, please let us know, and we can provide translators to assist with the process
How does the EB-5 visa differ from a non-immigrant visa?
Non-immigrant visas are generally limited in duration, and Non-immigrant work visas (H, E and L) are not always available. Even F-1 student visas are becoming more difficult to obtain and generally do not permit employment in the U.S. Holders of non-immigrant visas must leave the U.S. prior to the end of his or her authorized stay.
The visa offered through the EB-5 program grants lawful permanent residence in the United States (“Green Card”). In addition to the requirements generally applicable to all visa categories, the EB-5 program requires the immigrant to invest at least 900,000 USD in a new commercial enterprise in the United States.
Are there ways besides the EB-5 visa to obtain a green card through investment?
No. The EB-5 visa is the only avenue to U.S. permanent resident status through investment. All other investment-related visas are temporary non-immigrant visas.
How do I know if I am an accredited investor?
For investors currently located in the U.S., the minimum requirements to be an accredited investor are EITHER:
1.One million USD net worth (not including primary residence)
2.200,000 USD yearly income for single applicants or 300,000 USD yearly income for married applicants for the past 2 years and the expectation that this level of income will continue.
3.If you have questions about whether or not you would be an accredited investor, please contact us
For investors currently located outside the U.S., contact us for eligibility requirements
Are EB-5 Green Cards available to citizens of all countries?
Yes, the EB-5 program is available to citizens of all countries that are not currently banned from immigrating to the United States.
Can full U.S. citizenship be obtained through the EB-5 program?
Yes. Holders of the EB-5 Green Card are eligible to apply for full U.S. citizenship after five years of continuous residence in the U.S
How long does the process take?
It is not possible to predict with certainty how long it will take to process a particular application, but based upon current processing times, the applicant should plan on at least two years for approval of I-526 petition. For those citizens from China and Vietnam, receipt of a Green Card may be further delayed by quotas that have resulted in lengthy backlogs of immigration applicants.
When must the funds be invested?
The investment should be fully funded before the initial Petition (Form I-526) is filed with the USCIS.
Can the money come from a parent of other relatives?
Yes, provided any gift tax levied by the home country has been paid.
Can the investment be fully guaranteed against loss?
No. EB-5 regulations require the capital to be placed “at risk”. Funds are generally considered “at risk” when they are fully committed to the new commercial enterprise without guarantee of return or redemption. However, visa applicants are free to choose projects offering preferences and other forms of security at the conservative end of the spectrum, rather than more speculative programs with higher potential returns and a correspondingly greater risk of loss.
What situations can cause the I-526 petition to be denied?
One of the most common problems is insufficient information on the source of the investment capital. When this occurs, the USCIS case examiner will return the file with a request for further documentation, thus delaying the process. This problem can be eliminated by providing sufficient documentation with the original petition.
Investors may also be denied a visa if they are deemed inadmissible to the United States based on a number of factors including criminal history, terrorist activity or posing a threat to public health or safety.
I-526 Petitions may also be denied if the project fails to produce the required number of jobs. United States Regional Center Group members monitor projects to ensure that the necessary number of jobs are being created.
What happens to the investment if the I-526 Petition is denied?
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This depends on the specifics of the project offerings and should be discussed with a project-broker dealer. In most cases, clauses allowing for an immediate refund of the full investment would apply when denial was due to project complications versus investor qualifications.
When applicable, the United States Regional Center Group provides for the full return of the invested capital as well as any administrative fees that have been already submitted to the Regional Center. Fees paid to other entities, such as immigration attorneys or for administration of a securities offering, may not be refunded.
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