1. What is the EB-5 visa?

The EB-5 visa is a type of U.S. visa created to stimulate economic growth and investment from foreign nationals. The visa allows foreign nationals to invest in a new commercial enterprise in the United States and receive permanent residency status if the investment meets certain criteria. To qualify, investors must meet specific job creation requirements and make an investment of at least $500,000 in a U.S. business that creates at least 10 jobs.

2. What are the requirements for obtaining an EB-5 Visa?

In order to obtain an EB-5 visa, the applicant must first invest at least $1,800,000 in a commercial enterprise located in the United States. This investment must create at least 10 full-time jobs for U.S. workers within two years of the investment. The applicant and their family must also meet certain eligibility requirements, such as passing a background check, demonstrating an ability to financially support themselves and their family, and proving that the funds used for the investment were obtained through lawful means. In addition, the applicant must demonstrate that they are actively involved in managing the investment enterprise.

3. How long does the EB-5 visa last?

The EB-5 visa is a renewable, conditional green card that lasts for two years. After two years, if the investor has maintained the required investment and met all other eligibility requirements, the conditions on the green card are removed, and the investor will receive a 10-year permanent residency.

4. What is the minimum capital investment requirement for an EB-5 visa?

The minimum capital investment requirement for an EB-5 visa is $1 million. However, if the investment is made in a targeted employment area (TEA), the amount is reduced to $500,000.

5. How long does it take to obtain an EB-5 visa?

The time it takes to obtain an EB-5 visa depends on the individual case and the processing times of the relevant government agencies. Generally, it takes about 6-18 months to obtain an EB-5 visa.

6. What is the difference between the Regional Center and Direct Investment tracks of the EB-5 visa program?

The Regional Center track of the EB-5 visa program allows foreign investors to invest in an approved regional center in the United States, while the Direct Investment track allows foreign investors to directly invest in their own business. With the Regional Center track, investors are able to pool their investments with other investors and take advantage of indirect job-creation through investments made by the regional center. With the Direct Investment track, investors can create jobs directly through their own businesses.

7. Are there any limits on the number of jobs that must be created by an EB-5 investment?

No, there are no limits on the number of jobs that must be created by an EB-5 investment. However, the number of jobs created must be sufficient to demonstrate that the investment has had a positive economic impact on the regional economy and that the investment has created or preserved at least 10 full-time jobs for qualifying US workers.

8. What are the benefits of investing through a Regional Center?

The major benefits of investing through a Regional Center include:

1. Lower minimum investment requirements – Most Regional Centers allow for a lower minimum investment than what is required to invest directly in a new commercial enterprise.

2. Path to citizenship – Through the EB-5 visa program, immigrants can obtain permanent residency in the United States if they make an eligible investment to a Regional Center.

3. Job creation requirement – Regional Centers must demonstrate that their investments will create jobs, which helps to grow the regional and national economy.

4. Targeted economic development – Regional Centers are allowed to target investments in specific areas of economic need, allowing for more local job creation and economic development.

5. Limited involvement – Regional Center investments are designed to be passive in nature, meaning that investors do not need to be actively involved in the day-to-day operations of the enterprise.

9. Are there any restrictions on where the investment money can be used?

Yes, typically investment money can only be used for the purpose specified in the investment contract. Depending on the type of investment, restrictions may apply on how the money can be used.

10. How is an EB-5 application adjudicated?

An EB-5 application is adjudicated by the United States Citizenship and Immigration Services (USCIS). The adjudication process involves a thorough review of the investor’s application, supporting documentation, and business plan to ensure that all requirements are met. The USCIS also conducts interviews with the applicant to verify information and to determine if the investment is genuine. In addition, the USCIS may conduct additional due diligence on the investment amount, job creation, and other important factors.

11. Is it possible to get permanent residency in the U.S. through an EB-5 visa?

Yes, it is possible to get permanent residency in the U.S. through an EB-5 visa. The EB-5 visa program is a federal program that provides permanent residency for immigrants who invest at least $500,000 in a new commercial enterprise that creates at least 10 jobs for U.S. workers.

12. Is there an age limit to qualify for an EB-5 visa?

Yes. Generally, applicants must be at least 21 years old to qualify for an EB-5 visa.

13. What type of evidence is needed to prove job creation through an EB-5 investment?

To prove job creation through an EB-5 investment, the petitioner must provide evidence of job creation within two years of the date the immigrant investor’s conditional permanent residence was granted. Such evidence could include payroll records, tax documents, and other business records to demonstrate that the requisite number of jobs have been created. Additionally, affidavits from employers or employees can be used to corroborate the information if necessary.

14. Are there any limitations on travel while holding an EB-5 visa?

Yes, there are certain limitations on travel while holding an EB-5 visa. You must remain in the United States for at least one year prior to applying for permanent residency (green card). You are also restricted from traveling outside of the United States for more than six months at a time without advance permission from the U.S. government or an approved extension of stay. Additionally, if you are granted permanent residency, you must remain in the United States for at least two years. Failure to do so will result in the revocation of your visa and green card.

15. Can I include my family members in my EB-5 application?

Yes, you can include your family members in your EB-5 application. When you file an EB-5 petition, you can include your spouse and any unmarried, minor children under the age of 21 as derivative beneficiaries.

16. What happens if my EB-5 application is denied?

If your EB-5 application is denied, you may file a motion to reopen or a motion to reconsider the decision. Additionally, you may also appeal the decision to the Board of Immigration Appeals.

17. How often do I need to file reports with the U.S. government while holding an EB-5 visa?

The EB-5 visa does not require any special reporting or filing requirements to the U.S. government. However, all visa holders must still comply with all applicable immigration laws, including the obligation to report any change in address or marital status to the U.S. Citizenship and Immigration Services.

18. What are the tax implications of investing in the U.S. through an EB-5 visa program?

The tax implications of investing in the U.S. through an EB-5 Visa program depend on your visa status. As an EB-5 investor, you are subject to the same taxes as a permanent resident or US citizen. This includes federal income tax, state income tax, self-employment tax, and any other applicable taxes. You may also be subject to capital gains tax on profits from the sale of property or investments. Additionally, you may need to file both US and foreign tax returns depending on your residence status.

19. Do I need to hire U.S.-based workers for my EB-5 investment project?

No. There is no requirement to hire U.S.-based workers for an EB-5 investment project. However, your project must create at least 10 full-time jobs for U.S. workers, and any workers that you hire must be legally authorized to work in the United States.

20. What due diligence should I perform before investing in an EB-5 project?

Before investing in an EB-5 project, you should do the following due diligence:

1. Ensure that the project is compliant with USCIS regulations.

2. Review the project’s business plan and financial projections to ensure they are realistic and achievable.

3. Research the developers involved in the project to ensure they have a history of successful projects.

4. Research the geography where the project is located, to make sure it is a desirable location and has potential for economic growth.

5. Review the legal documents associated with the project, such as offering documents, articles of incorporation, and all other filings with the SEC.

6. Vet the regional center associated with the project by researching their track record and verifying that they are accredited with USCIS.

7. Consult with a lawyer and an accountant who specialize in EB-5 investments to ensure you understand all tax implications and legal risks associated with the project.