1. What is EB-5 Immigrant Investor Green Card?

The EB-5 Immigrant Investor Green Card is a type of permanent residency visa offered by the U.S. Citizenship and Immigration Services (USCIS). It allows foreign nationals to obtain permanent residence in the United States by investing at least $500,000 in a new commercial enterprise that creates or preserves at least 10 full-time jobs for U.S. workers. The investment must occur within a designated high-unemployment or rural area and must be held for a minimum of five years. The EB-5 program has been popular with investors since it offers a path to permanent residency without the need to work or study in the U.S.

2. How do I qualify for an EB-5 Green Card?

In order to qualify for an EB-5 Green Card, you must either invest at least $1,800,000 in a new commercial enterprise (NCE) that creates at least 10 full-time jobs for US workers, or invest at least $900,000 in a Targeted Employment Area (TEA) which is an area of high unemployment or rural area. The investment must be in a business that has been established after November 29, 1990. In addition, you must demonstrate that the investments were made using legally-obtained funds and prove that you have an active and ongoing role in the NCE.

3. What is the EB-5 minimum investment amount?

The minimum amount of investment required for an EB-5 visa is $900,000 for most areas within the United States. In certain Targeted Employment Areas (TEAs), the minimum investment amount is reduced to $500,000.

4. What are the job creation requirements for an EB-5 Green Card?

The EB-5 Green Card program requires that a foreign investor invest at least $500,000 in a job-creating enterprise in the United States and that the investor create or preserve at least 10 permanent full-time jobs for qualified US workers.

5. What is the timeline for obtaining an EB-5 Green Card?

The timeline for obtaining an EB-5 Green Card varies depending on the investor’s individual circumstances. Generally, the process takes between 12-18 months to complete. This includes the time spent on filing the initial I-526 petition and obtaining conditional permanent residence, as well as the time spent on filing for removal of conditions and obtaining a full, 10-year permanent residence.

6. What is the processing time for an EB-5 Green Card application?

The processing time for an EB-5 Green Card application depends on the individual case and the current processing times at the US Citizenship and Immigration Services (USCIS). Generally, it can take anywhere from 2 to 24 months for the USCIS to adjudicate an EB-5 petition.

7. Are there any special restrictions on how my funds can be used to qualify for an EB-5 Green Card?

Yes, there are special restrictions on how your funds can be used to qualify for an EB-5 Green Card. The funds must be invested into a new commercial enterprise in the United States that was established after November 29, 1990. The funds must also be used to benefit the U.S. economy by either creating or preserving 10 full-time jobs for qualifying U.S. workers for at least two years. In addition, the investment must be “at risk”, meaning that the money cannot be guaranteed a return or protected from loss.

8. What is the difference between an EB-5 Investor Visa and a Temporary Investor Visa?

An EB-5 Investor Visa is a permanent visa that is available to foreign investors who make an investment of at least $500,000 into a commercial enterprise in the United States. The investment must create or preserve at least 10 full-time jobs for U.S. workers within two years. A Temporary Investor Visa, also known as an E-2 visa, is a nonimmigrant visa that allows foreign nationals to come to the United States to develop and direct the operations of a business in which they have invested a substantial amount of capital.

9. Can I include my family in my EB-5 Green Card application?

Yes, you may include your family in your EB-5 Green Card application. Your spouse and any unmarried children under the age of 21 can be included in the same application with you as derivatives. Derivatives will also receive their Green Cards at the same time as you, but they are not required to meet the same investment requirements.

10. Is there a limit to the number of investors I can have in my EB-5 venture?

No, there is no limit to the number of investors you can have in an EB-5 venture. However, the number of investors may affect the program’s eligibility requirements and the amount of capital required for the project. It is best to consult with an experienced immigration attorney to discuss the specifics of your project and how to structure it in order to meet the program’s requirements.

11. What are the consequences of not meeting the job creation requirement for an EB-5 Green Card?

If an EB-5 investor fails to meet the job creation requirement, their I-526 petition may be denied and the investor will be unable to receive their green card. The investor may also be subject to removal proceedings if they remain in the country without a valid visa. Additionally, the investor’s investment funds may be forfeited if they are not able to be returned to the investor.

12. Can I manage or work in my own EB-5 business once I get my Green Card?

Yes, you may be involved in the management of your business. You are free to develop and expand the business as you wish. However, please note that if you intend to work in the U.S. or remain in the U.S., you may need to obtain an employment-based visa or permanent residence prior to working in the U.S. or staying in the U.S. for more than 180 days at a time. Finally, it is important to note that if you are actively engaging in managing the business, it may be taken into consideration when determining if your original investment has been sustained.

13. What documents and information do I need to submit with my EB-5 Green Card application?

The documents and information you will need to submit with your EB-5 Green Card application include:

1. Evidence of a lawful source of funds to invest in the EB-5 project, such as bank statements, tax returns, and asset valuation documents.

2. Evidence that the investment funds were placed at risk in the EB-5 project.

3. A copy of the investment agreement or other proof that the investment funds have been accepted by the EB-5 project.

4. Evidence that the investment funds are actively involved in creating or preserving jobs for U.S. workers.

5. An updated business plan for your EB-5 project.

6. A comprehensive business strategy demonstrating the economic viability of your EB-5 project.

7. Evidence of your compliance with all applicable laws and regulations related to your EB-5 project.

8. Copies of any documents related to any litigation associated with your EB-5 project or investments.

9. Evidence of your compliance with all immigration laws and regulations.

14. How do I know when my application has been approved or denied?

Once your application has been reviewed and a decision has been made, you will be notified via email with the outcome. If your application is approved, you will receive instructions on how to proceed with your enrollment.

15. Is it possible to renew an expired EB-5 Green Card?

Yes, it is possible to renew an expired EB-5 Green Card. Generally, you must submit a Form I-90, Application to Replace Permanent Resident Card, along with the required fee and supporting documents. You must also provide proof that you are still eligible for the EB-5 program.

16. What happens if I don’t meet the job creation requirement for my EB-5 Green Card?

If you fail to meet the job creation requirement, USCIS may terminate your conditional permanent residence status and initiate removal proceedings. In some cases, USCIS may offer you an opportunity to cure the deficiency by providing additional evidence demonstrating that the jobs were created.

17. Can I transfer my existing business to qualify for an EB-5 visa?

Yes, you can transfer your existing business to qualify for an EB-5 visa. The business must meet all EB-5 requirements to be eligible for the visa, including creating at least 10 full-time jobs for U.S. workers and meeting the investment threshold of either $1 million or $500,000 in a targeted employment area. Additionally, you must demonstrate that the business is a new commercial enterprise and not a mere change in ownership or restructuring of an existing business.

18. Do I need to be present in the US during my application for an EB-5 Green Card?

No, you do not need to be present in the US during the application process. You can apply for an EB-5 Green Card from outside the US. However, if your application is approved, you will need to be present in the US for the green card interview at a US Embassy or Consulate in order to receive the permanent resident visa.

19. What happens if I decide to cancel my application for an EB-5 Green Card?

If you decide to cancel your application for an EB-5 Green Card, you will need to contact the relevant United States Citizenship and Immigration Services (USCIS) office and ask them to terminate your application. Depending on the stage of your application, you may be refunded the filing fees you paid. However, please note that USCIS will not refund any other fees such as fees paid to an immigration lawyer, investments, or other related expenses.

20. Are there any special requirements for investors from certain countries seeking a green card through the EB-5 program?

Yes, there are certain requirements for investors from certain countries seeking a green card through the EB-5 program. For example, investors from China must invest in a Targeted Employment Area (TEA) in order to receive a green card. Additionally, investors from Vietnam must have an approved I-526 petition prior to submitting their I-485 application. Additionally, investors from India must show that they have invested in a project located in a rural area or one that is experiencing high unemployment.