These Frequently Asked Questions are intended to provide answers to common questions regarding the EB-5 Visa Program. If there are further questions please do not hesitate to contact us.
The applicant is not required to have any specific level of employment experience or education. The key requirement is that he/she has the required net worth and capital.
No, not to obtain permanent resident status.
Yes. You will be required to complete a medical exam with a U.S. approved physician.
Each person has his/her own reason for desiring permanent United States residency. Having a green card provides many benefits that accomplish these goals:
Under USCIS regulations, the applicant must demonstrate that his/her assets were acquired in a lawful manner. This requires the applicant prove his/her funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan or other lawful means.
Yes, provided that any applicable gift taxes are paid. It must be demonstrated that the gift is an actual “arm’s-length transaction” with no expectation of repayment after permanent resident status is granted.
A “conditional” green card is valid for two years. One year and nine months (21 months) after it is issued, a three-month window opens during which an individual must file another application with the USCIS. It must verify that all required funds have been paid and employment created. When the “conditional” resident status is lifted, full resident status is granted and a new green card is issued.
Spouses and any unmarried children under the age of 21 receive the Green card. It is possible for adopted children to be included in the family. Unmarried children who are under age 21 when the application is filed may in certain circumstances be eligible for permanent residency even if they are older than 21 when the immigrant visa is issued.Upon approval, the applicant will receive a form evidencing approval and a travel document. The applicant will ultimately receive a conditional Green card in the mail.
In some experiences, the most common problem area has been insufficient documentation for the source of funds. In this era of terror alerts, and suspicions about money laundering, USCIS case examiners require a well-documented source of funds.
Applicants must enter the United States within 180 days of visa issuance from the consulate. Permanent residents may be considered to have abandoned U.S. resident status if they are outside the U.S. for more than 180 days on a single trip, or no longer treat the U.S as their permanent and primary home. The green card becomes invalid for entry if the permanent resident has been out of the U.S. for more than 365 days on a single trip. But, once someone becomes a citizen, residency requirements no longer apply. Permanent residents should consult with immigration counsel if they contemplate lengthy absences from the U.S.
Permanent residents cannot vote and are not entitled to certain federal jobs and positions. Permanent residents may be considered to have abandoned U.S. resident status if they are outside the U.S. for more than 180 days on a single trip, or fail to treat the U.S. as their permanent and primary home. But, once someone becomes a citizen, residency requirements no longer apply. Besides, these permanent residents generally have similar rights and obligations as U.S. citizens.
Yes, under very limited circumstances such as being convicted of a serious crime or if the petition to remove conditions is denied.
Permanent residents travelling outside of the U.S. for trips of 180 days or more can apply for a reentry permit (on form I-131) before leaving the U.S. They can depart before the reentry permit is approved. but must return before it expires. Reentry permits are usually issued for two years.
No. Through the EB-5 program, your spouse is entitled — but not required — to apply for immigration. Your spouse can continue to reside outside the United States and visit you by obtaining a U.S. visa (most likely a B-2 tourist visa). If your spouse wants to immigrate in the future, the laws in effect at that time will determine the best way this can be achieved.
Yes, tax returns are usually submitted as documentation that funds were obtained lawfully. Therefore, if the invested funds are a gift, the donor would submit the required tax forms.
Under U.S. law, an applicant approved for the EB-5 immigrant visa receives a “conditional” green card, which expires and must be replaced after two years, subject to removal of conditions. Otherwise, the two cards offer the same rights and privileges
Upon approval of the I-526 (or I-526E) Petition, the applicant must await notification from the U.S. Consulate in his/her home country and prepare documents for the visa interview. The purpose of the consular interview is to verify the applicant’s identity and confirm he/she has not committed any criminal acts or misconduct or is otherwise legally ineligible to come to the U.S.
Rejection in the past does not disqualify the applicant, unless the reasons related to immigration fraud or other major problems. It is important that all criminal, medical, or U.S. immigration history problems be disclosed to legal counsel in advance of application.
Although possible, it is generally faster and more efficient for family members to interview in the same country at the same time.
Permanent residents must apply for removal of conditional status within 90 days before the end of the initial two years. Once approved, residents receive an “unconditional” green card. If they apply too early or too late, they will have a problem and should consult an immigration attorney for advice.
Once conditional status is removed, a new green card is issued and valid for ten years. A new Green card can be issued every ten years.
If conditional status is not removed, the green card will become invalid at the end of two years and permanent resident status will be terminated.
It can be difficult for citizens of countries with currency export controls to document their lawful source of funds. Applicants may be able to overcome these issues by residing in a different country.
A Regional Center
Targeted Employment Area is defined in Title 8 C.F.R. § 204.6 as an area that, at the time of funding, is either a Rural Area or an area which is determined by USCIS to have experienced unemployment of at least 150 percent of the national average rate.
A Rural Area is defined as any area not within either a metropolitan statistical area (as designated by the Office of Management and Budget) or the outer boundary of any city or town having a population of 20,000 or more.
The EB-5 program allots 10,000 visas per year for investors and family members whose qualifying funding results in the creation or preservation of at least 10 full-time jobs for U.S. workers. Ten percent (10%) of the available visas are reserved for investors in projects located within a Targeted Employment Area (TEA).
Visit the USCIS website. A link to EB-5 Immigrant Investor Program information is available at: