What is an EB-5 visa?
The EB-5 visa is an immigrant visa for investors and entrepreneurs. To get approved for an EB-5 visa, you are required to make an investment in a US company and create jobs for US workers. With an EB-5 visa you can get a green card for yourself, your spouse, and children
Do you have to be a citizen to apply for EB-5?
Unlike the E-2 visa, you do not have to be a citizen of a particular country to get an EB-5 visa. As long as you meet the requirements of the EB-5 visa and you are not barred for some other reason, you should qualify to get an EB-5 visa. 24. What is the "Visa Backlog" and who does it Affect?
Should I hire an immigration lawyer for an EB-5 visa?
After deciding that an EB-5 visa is the right option for you, your immigration lawyer should act as your guide through the entire process. Your immigration lawyer should discuss with you whether the investment you are considering meets the immigration requirements of the EB-5 visa. Your lawyer should analyze where your investment funds come from.
Can I get a loan for an EB-5 investment?
Most often, a loan for an EB-5 investment comes from a financial institution. The collateral for the loan must be cited. Contrary to an earlier regulation, USCIS now allows unsecured loans as a source of investors funds. The value of the collateral must be at least equal to the loan amount.
What do EB-5 visas allow?
This is known as the employment fifth preference—or "EB-5"—immigrant visa, which allows people to obtain permanent residence (a green card) immediately upon entry to the United States.
How long does it take to get green card through EB-5?
six monthsThe government usually issues a permanent green card around 6 months after the I-829 has been submitted. The EB-5 Visa is also fast! The average processing time for the EB-5 Visa is six months, and the initial application and petition are usually approved within 60 days from the date of filing.
Does EB-5 guarantee a green card?
A green card is not guaranteed through participation in the EB-5 program, as no one can ever guarantee the outcome of any immigration petition.
How much money do you need for an EB-5 visa?
The EB5 visa is an investment-based visa for investors. The basic requirements to get an EB5 visa are that you must invest at least $1,800,000 (or in some cases $900,000) in a US business and create 10 jobs for US workers.
How long does EB-5 visa last?
two yearsThis status is good for two years. The investor and his or her family members can live and work in the U.S. During the 2-year conditional residency period, the EB-5 visa investor will be required to fulfill physical presence requirements, and cannot remain outside of the United States for more than one year.
Do you get your money back in EB-5?
Do EB-5 investors get their money back? EB-5 investors may get the full or part of their invested money back when their immigration and investment cycles are completed. Many regional centers would include the terms and conditions of this exit procedures in the investment agreement or other documents.
Can I buy an existing business for EB-5?
Yes, EB-5 investors can investor in existing businesses.
What is the minimum investment for EB-5?
EB5 Minimum Investment Capital (2022) EB-5 Visa Cost of either US $1.05 Million or EB5 minimum investment of $900,000 in a TEA is needed through a USA Regional Center project or in a new business directly.
Can I get green card if I buy house in USA?
“Will I qualify to receive a green card because I bought a house in the United States?” No. You can't get a green card simply by buying a house in the U.S. In fact, owning real estate doesn't ordinarily give you any visa or other immigration benefits.
Who is eligible for EB-5?
USCIS administers the EB-5 Program. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for a Green Card (permanent residence) if they: Make the necessary investment in a commercial enterprise in the United States; and.
How many EB-5 visas are issued each year?
10,000 newThe EB-5 visa program has an annual maximum of approximately 10,000 new visas issued per year. At least 3,000 of these visas are reserved for new I-526 visa petitions filed based on investments in projects sponsored by a Regional Center.
How many EB5 visas are issued each year?
10,000 newThe EB-5 visa program has an annual maximum of approximately 10,000 new visas issued per year. At least 3,000 of these visas are reserved for new I-526 visa petitions filed based on investments in projects sponsored by a Regional Center.
Can I apply for citizenship after 5 years?
As a permanent resident, you are generally eligible for naturalization after five years. This is the most common way that people apply to become a U.S. citizen. To qualify, you must have lived in the U.S. continuously for the five years immediately preceding the date you file Form N-400, Application for Naturalization.
What is my priority date for green card?
Your priority date is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS.
Can you get a green card by buying property?
No. You can't get a green card simply by buying a house in the U.S. In fact, owning real estate doesn't ordinarily give you any visa or other immigration benefits.
How to get an EB-5 visa?
To get an EB-5 visa, an investor can make a direct investment or they can invest in a regional center. Regional centers are specialized companies that collect investment funds from multiple EB-5 investors to fund a large-scale project such as a resort or apartment complex.
What are the requirements for an EB-5 visa?
One of the key requirements of the EB-5 visa is that the funds used for an EB-5 investment must be lawfully obtained.
How many direct jobs are required for an I-9?
For direct investments, the investor must prove that 10 direct jobs were actually created. This means that the investor must submit the actual employment documents for each employee (including the Form I-9).
Do you have to work for a sponsor company on an EB-5?
As an approved EB-5 visa holder, you do not have to work for a sponsor company. You are free to work in any lawful capacity. You are free to live and work anywhere in the United States. You are eligible to work in the US without having to apply for special work authorization. 3.
Can an EB-5 investor get a green card?
The EB-5 visa is an immigrant visa category, so as a successful EB-5 applicant, you can get your green card are be on the path to US citizenship. As an EB-5 investor, your spouse and your unmarried children under 21 years old can also qualify to get their green cards. Your children have access to a US education.
Can a regional center take credit for all employees of a hotel?
If a regional center develops a major hotel, it can take credit for all the employees of the hotel. These are direct jobs.
Do you have to invest money to get an EB-5 visa?
No, an investor does not have to invest money to qualify for an EB-5 visa.
How long does it take to get a green card after being approved for an EB-5 visa?
A conditional green card is almost the same as a permanent green card, but it must be reissued after two years. One year and nine months (21 months) into your conditional green card there is a three-month period in which you must file another application with the United States Citizenship and Immigration Services (USCIS).
Can I work while waiting for my I-526?
Whether or not you can work while waiting for the approval of certain forms can depend on your unique situation. If you have a conditional green card you are allowed to work while waiting for your I-526 and I-485 petitions to be approved. Both forms have specifics about who is allowed to work while waiting for approval or not, so it is always best to check with an immigration attorney to be certain about your situation.
What is the EB-5 visa?
The EB-5 Visa Program: What It Is and How It Works. The Immigrant Investor Program, also known as “EB-5,” has become an increasingly important source of investment for development projects in the United States, attracting billions of dollars to the U.S. economy and creating tens of thousands of jobs in the United States.
How many EB-5 visas are there?
There are 10,000 EB-5 visas available each Fiscal Year (FY). To qualify for the EB-5 program, immigrants can invest directly in a job-creating business, or can invest through regional centers approved by USCIS to promote economic growth in designated areas.
What is Congress Doing on EB-5?
Despite the increased usage of the EB-5 program, it remains a provisional visa program. Since its inception, Congress has reauthorized the program several times, most recently in December 2015. Currently it is set to expire on September 30, 2016. Congress must act in order to keep the program running after this date.
How much investment is required for an EB-5 visa?
It requires a minimum investment of $1 million, or $500,000, if the investment is in a rural or targeted high unemployment area where unemployment is 150% of the national average.
How many EB-5 visas were issued in 2008?
The number of EB-5 visas issued to foreign investors increased from a low of 64 in 2003 to more than 1,300 in 2008, according to a 2010 government-commissioned study by ICF International.
What is the purpose of the USCIS visa program?
Citizenship and Immigration Services (USCIS) in that it is the only visa program whose stated purpose is to create jobs and growth . This mandate creates special challenges and opportunities.
How many jobs are needed for an EB-5 visa?
Finally, there must be a minimum of 10 new jobs created, as defined by USCIS. Once all of the requirements have been deemed satisfied by USCIS, the EB-5 visa applicant, his or her spouse and any children under the age of 21 will be able to obtain permanent residency status
What are the requirements for an EB-5 visa?
EB-5 Visa Requirements Summary 1 EB-5 investment amount: $1.8 million capital investment in a standard (non-TEA) investment project area; or a $900,000 capital investment in a TEA-designated area. 2 The investor must show a lawful source and path of investment funds. 3 The investment must be made in a for-profit U.S. commercial entity. 4 The investment must create 10 full-time U.S. jobs within the first two years after conditional residency is granted. 5 A direct investment can only count “direct” jobs and requires active management by the investor. 6 A regional center investment can count direct, indirect and induced jobs and only requires passive management by the investor.
How to get an EB-5 loan?
Most often, a loan for an EB-5 investment comes from a financial institution. The collateral for the loan must be cited. Contrary to an earlier regulation, USCIS now only allows a loan as a source of funds if the investor is primarily liable for the loan. Also, the value of the collateral must be at least equal to the loan amount. An applicant can expect USCIS to make a request for evidence (RFE) if the value of the collateral is close to amount of the loan. Best practices advise that the loan amount is no more than 70% of the value of the collateral property.
What is an EB-5 NCE?
The EB-5 visa applicant must invest in a New Commercial Enterprise (NCE) that is a for-profit U.S. business. An NCE may take one of many different business structures; they include corporations, partnerships (general or limited), sole proprietorships, business trusts, or other privately or publicly owned business structures.
How much does the EB-5 program cost?
The EB-5 program now requires $1.8 million for a standard (non-TEA investment) and $900,000 for a Targeted Employment Area investment (TEA). These amounts have increased to account for inflation since the inception of the EB-5 program in the early 1990s. These amounts will be reviewed every five years by USCIS to determine if an increase is warranted. The first review will be October 2, 2024.
When does the EB-5 go into effect?
The EB-5 Immigrant Investor Program Modernization Rule, implemented by USCIS, became the EB-5 news of the year when it went into effect as of November 21, 2019. It applies to all I-526 petitioners who filed their application on or after this date.
Can an investor obtain documents for an EB-5 visa?
Sometimes an investor in pursuit of an EB-5 visa cannot obtain certain documents. In such cases, the applicant can file a declaration with a thorough explanation of why they cannot provide the missing documentation.
All Dry
No one expects their home or business will flood. At All Dry Services, we expect the unexpected.... learn more
Koala Insulation
Founded in 2018, Koala Insulation benefits both customers and franchise partners. Its likable brand voices how home and business owners can earn... learn more
ProLift Garage Doors
Part of the Premium Service Brands family, ProLift Garage Doors has been repairing and replacing overhead garage doors for years. Our highly... learn more
College Hunks Hauling Junk and Moving
College Hunks Hauling Junk and Moving is more than a franchise opportunity with a huge financial upside (our item 19 is amazing). Year after... learn more
Fetch! Pet Care
Fetch! pet care is America's largest and most trusted professional dog walking and pet sitting franchise. We offer an affordable, flexible and... learn more
Restoration 1
Restoration 1 franchise is the fastest growing restoration franchise in the nation. With hundreds of locations open or in development,... learn more
No-H2O
No-H2O is a waterless car-cleaning franchise that is unrivaled & disrupting the car wash industry. Like UBER but for car washing, No-H2O On... learn more
