1. What is the minimum investment amount to qualify for the EB-5 Program?

The minimum required investment amount for the EB-5 Program is $900,000 or $1.8 million, depending on the amount invested in a Targeted Employment Area (TEA).

2. What are the job creation requirements for an EB-5 visa?

The job creation requirements for an EB-5 visa are as follows:

1. The investor must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.

2. The full-time jobs must be in a new commercial enterprise established by the investor or a new commercial enterprise purchased and restructured by the investor.

3. The investment must be “at risk” in a “for-profit” activity.

4. The investment must be in an enterprise that has been approved by USCIS.

3. How long does the EB-5 visa process typically take?

The EB-5 visa process typically takes between 1-14 months, depending on the type of application and the complexity of the case. Processing times can vary significantly depending on the backlog of cases at US Citizenship and Immigration Services (USCIS).

4. How many EB-5 immigrant visas are available each year?

There is a total of 10,000 EB-5 immigrant visas available each year.

5. What is an EB-5 Regional Center?

An EB-5 Regional Center is a private entity designated by the United States Citizenship and Immigration Services (USCIS) to facilitate the investment of foreign capital into new businesses that create jobs and stimulate economic growth in designated geographic areas within the United States.

6. What is a Targeted Employment Area (TEA)?

A Targeted Employment Area (TEA) is an area that has been designated as having high unemployment or poverty levels, and therefore is eligible for certain economic incentives. These incentives are primarily used to encourage private and corporate investment in these areas. Some of these incentives include tax credits, reduced fees, or other financial assistance. The designation of a TEA is determined by the federal government or a state agency, depending on the program.

7. Are there any restrictions on how the EB-5 investor’s funds can be used?

Yes, an EB-5 investor’s funds must be used for a “qualified investment” as defined in the Immigrant Investor Program regulations. The funds must be used to establish either a new commercial enterprise (NCE) or to invest in a troubled business. Additionally, the funds must be used to create at least 10 full-time jobs that are not filled by the investor or his relatives for the duration of two years, and the investment must be “at risk” in order for the investor to qualify for immigration benefits.

8. Is there a financing option to satisfy the EB-5 investment requirements?

Yes, there is a financing option to satisfy the EB-5 investment requirements. Investors may use funds obtained through a loan or equity investment from a third-party lender or investor to make the required minimum investment for the EB-5 program. However, the investor must provide proof that he or she has access to the funds and has control over the funds in order to qualify for the program.

9. How long can an EB-5 visa holder remain in the U.S.?

An EB-5 visa holder can remain in the U.S. indefinitely, as long as they meet the necessary requirements for renewal and their investments remain active. The EB-5 visa is a conditional permanent residency visa that can be renewed every two years.

10. Can an EB-5 visa holder travel outside the U.S.?

Yes, an EB-5 visa holder is allowed to travel outside the United States. They may need to obtain a separate visa to enter the destination country, and they may need to apply for a reentry permit or a returning resident visa if they intend to stay outside the United States for more than six months.

11. Can an EB-5 applicant bring his/her family to the U.S.?

Yes, an EB-5 applicant can bring his/her family to the U.S. When filing the I-526 petition, the applicant must include all family members who are seeking to immigrate to the U.S. Additionally, the applicant’s family may be eligible for a derivative green card upon approval of the I-526 petition.

12. Can an EB-5 investor convert to a different visa category after approval?

Yes, an EB-5 investor can convert to another visa category after approval. Depending on their circumstances, it may be possible for an EB-5 investor to apply for a change of status from an EB-5 visa to another Nonimmigrant or Immigrant visa. It is important to note, however, that the investor must meet all requirements for the new visa category in order for the application to be approved.

13. Who is eligible to receive an EB-5 immigrant visa?

Individuals who invest in a new commercial enterprise that creates at least 10 full-time jobs for qualified US workers are eligible to receive an EB-5 immigrant visa. To qualify for this visa, the investor must possess the necessary funds, show that they are investing the funds into a lawful enterprise, and demonstrate that their investment is creating jobs for US citizens or lawful permanent residents.

14. What documents are required to apply for an EB-5 visa?

The documents required to apply for an EB-5 visa include:
– Evidence of the investor’s source of funds, such as a valid passport, business registration documents, tax returns, bank statements, and other financial documents.
– Evidence that the investor has invested or is in the process of investing the required amount of capital in either a new commercial enterprise, or a “troubled business” as defined by the USCIS.
– Evidence that the investment has created or will create 10 full-time jobs for U.S. workers.
– Evidence that the investor has maintained an active role in the new commercial enterprise and met all other requirements set forth by the USCIS.

15. What is the difference between a conditional and permanent green card under the EB-5 Program?

A conditional green card is temporary, and is issued to an EB-5 investor when their visa petition is approved. A permanent green card is issued to an EB-5 investor after they have completed all of the requirements of the EB-5 Program. The permanent green card grants the investor and their immediate family members lawful permanent resident status in the United States.

16. How does an investor apply for a Green Card through the EB-5 Program?

An investor typically applies for a Green Card through the EB-5 Program by completing and submitting Form I-526, Immigrant Petition by Alien Investor, to the United States Citizenship and Immigration Services (USCIS). The investor must demonstrate that he or she has invested the required amount of capital in a new commercial enterprise, that this investment has created or will create at least 10 full-time jobs for U.S. workers, and that the applicant meets certain other criteria. Once the form is approved, the investor may apply for a Green Card through Form I-485, Application to Register Permanent Residence or Adjust Status.

17. Is there a language requirement when applying for an EB-5 visa?

The United States Citizenship and Immigration Services (USCIS) does not require any specific language proficiency in order to apply for an EB-5 visa. However, all applicants must demonstrate basic English proficiency in order to be approved for the visa. Applicants must understand and be able to communicate in English in order to understand and respond to the questions asked during the interview process.

18. Are there any other visa options for foreign investors in the U.S.?

Yes, there are several other visa options for foreign investors in the U.S., such as:

– E-2 Treaty Investor Visa
– L-1 Intracompany Transferee Visa
– EB-5 Immigrant Investor Visa
– O-1 Extraordinary Ability Visa
– H-1B Specialty Occupation Visa
– B-1 Visitor Visa.

19. What is the difference between the L1 and E2 visa classifications?

The L1 visa classification is used for intracompany transfers, allowing an employee of an international company to transfer from a foreign office to a US office, either temporarily or permanently. The E2 visa classification is used for treaty investors, allowing an individual from a treaty country to enter the US and invest in a US business.

20. What is the difference between direct and indirect job creation when applying for an EB-5 visa?

Direct job creation involves creating or preserving jobs that are held by US citizens, legal aliens, and other qualified workers, while indirect job creation involves creating or preserving jobs that are held by workers who are not necessarily US citizens, legal aliens, or other qualified workers. The direct job creation requirement must be met in order to qualify for an EB-5 visa. This involves creating or preserving at least 10 full-time jobs for US workers within two years of the immigrant’s admission as an EB-5 immigrant. Indirect job creation can be used to supplement direct job creation in order to qualify for the EB-5 visa. The indirect job creation requirement involves creating or preserving at least 10 full-time jobs for non-directly employed individuals who are either directly or indirectly employed in an associated commercial enterprise.