FREQUENTLY ASKED QUESTIONS

How do you qualify for the EB-5 Green Card?

Answer:

The EB-5 Green Card program has two prerequisites conditions: 1. The EB-5 category requires an investment of $1 million or $500,000 when in a high unemployment or rural area (Targeted Employment Area). 2. The business must create full-time employment for at least 10 U.S. workers.

How many immigrant visas are allotted for EB-5 classification?

Answer:

The EB-5 program allots 10,000 visas per year for aliens and family members whose qualifying investments result in the creation or preservation of at least ten (10) full-time jobs for U.S. workers.

Do I need business experience or special education?

Answer:

The investor is not required to have any prior business experience or demonstrate any minimum level of education. The only requirement is that he/she have the required net worth and capital.

Question: Are there any other fees in addition to the 500,000 investment?

Answer:

Yes, there is a 50,000 administration fee

Question: Can money gifted by a parent or other relative be used for an EB-5 Investment?

Answer:

Yes, provided the applicable gift taxes are paid. It must be demonstrated that the gift is an actual arms-length transaction and is not a mere ruse that the gifted funds will be given back after permanent resident status is granted.

Question: Is my investment guaranteed?

Answer:

No. The law requires an “at risk” investment without guarantees or redemption rights. As in any investment there is a risk of total loss. By U.S. regulations, all funds must be put at risk. All investors should independently verify the information contained in the investment prospectus

Question: Do I have to speak English?

Answer:

No, but learning English will help during the immigration interview

Question: What are the advantages of the EB-5 program?

Answer:

The EB 5 Program allows the immigrant investor to live, work and retire anywhere in the United States.
The EB 5 program does not have any age requirements.
The immigrant investor, spouse and children under the age of 21 at the time of filing the I-526 petition can become a U.S. Citizen after 5 years of permanent resident status (including the temporary green card period) and all USCIS requirements have been met.
Once citizenship is obtained, the immigrant investor can sponsor green cards for relatives
The immigrant investor, spouse and children can study in the U.S. at resident cost.
The immigrant investor does not need to be present in the United States with certain exceptions.
The immigrant investor does not need to be in the country to manage the investment.
Access to quality healthcare providers.
The immigrant investor and his/her family may continue to reside overseas for a defined period of time by obtaining a re-entry permit from the USCIS

Question: What is a Regional Center?

Answer:

A Regional Center can be described as any organization, public or private that is involved with the encouragement of economic growth, job creation and increasing monetary investment in a designated area. In order for a Regional Center to receive acknowledgement from USCIS as a Regional Center, the following items must be submitted.
• How the organization will promote growth within its region.
• A realistic and provable business model that includes project costs and timelines.
• How jobs will be created directly/indirectly through the business model and capital investments.

Question: What is a Targeted Employment Area (TEA)?

Answer:

A Targeted Employment Area is defined by law as a rural area or an area that has experienced high unemployment of at least 150% of the national average.

Question: Who qualifies for an EB-5 Green Card?

Answer:

The EB-5 Green Card program has two prerequisites conditions:
• The EB-5 category requires an investment of $1 million or $500,000 when in a high unemployment or rural area (Targeted Employment Area).
• The business must create full-time employment for at least 10 U.S. workers

Question: What is the most common cause for the delays in getting the EB-5 Visa?

Answer:

The most common cause for delays is insufficient documentation of the investor’s source of funds. It’s better to provide too much information than too little. USCIS requires well-documented source of funds. A certified public accountant or tax attorney can assist in these areas. Also, as a result of the recent retrogression in China, there will be additional time delays in obtaining the visa appointment in China

Question: What is the difference between conditional and unconditional green cards?

Answer:

Once the investor is approved for the EB-5 Immigrant Visa, the EB-5 Visa immigrant investors, their spouses and dependent children receive conditional permanent residence for a two-year period. Anyone with EB-5 status must file a petition to remove the conditions during a 90-day period before the second anniversary of the person’s lawful admission as a permanent resident (I-829 petition). The USCIS will examine the business at the conclusion of the two-year period to verify if the investor has fulfilled all of the conditions.

Question: Do I need to get my documents translated?

Answer:

Yes, all documents included in the application must be translated into English in a proper Affidavit format

Question: Do I have to live in the same city or state where the regional center is located?

Answer:

You are allowed to live and/or work anywhere in the United States regardless of the physical location of the Regional Center or the project investment location

Question: How many immigrant visas are allotted for EB-5 classification?

Answer:

The EB-5 program allots 10,000 visas per year for aliens and family members whose qualifying investments result in the creation or preservation of at least ten (10) full-time jobs for U.S. workers.

Question: What could disqualify an immigrant from participating in the EB-5 program?

Answer:

  • A criminal record involving crimes of moral turpitude, unless the crime took place over 20 years prior to the application, or it can be demonstrated that the crime was political in nature.
    • Major health problems might also make you ineligible. This can be avoided by proving that the immigrant investor will be supported by others, and therefore, avoid being a recipient of government medical assistance.
    Applicants should seek the advice of their legal counsel to determine what waivers may be available for eligibility