How Does the EB-5 Program Work?
- The EB-5 program is currently the only visa program designed to allow foreign investors to gain permanent residence (a...
- 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...
- If the investor’s initial application i...
Why to choose an EB-5 visa?
These are the 5 major advantages of the EB-5 visa: Includes a family-sized bundle of visas. Spouses and all unmarried children under the age of 21 years all qualify for visas under the principal EB-5 investor's application. World-class education opportunities for the same rate that citizens pay. ... No restrictions on where to live, work, or travel because EB-5 can be a passive investment. ... More items...
What are the total costs of an EB-5 visa?
Here's a breakdown of roughly the total costs of an EB-5 visa:
- The cost of the capital investment into the new commercial enterprise $500,000 (or $1,000,000)
- Regional center administration fees $40,000-$50,000
- Immigration attorney fees $10,000-$15,000
- I-526 Petition filing fee $3,675
- I-485 Petition filing fee $1,140
- I-829 Petition filing fee $3,750
Who qualifies for an EB-5 visa?
The EB-5 visa is an immigrant visa for investors, entrepreneurs, and anyone who is looking to start a business in the USA. To qualify for an EB-5 visa, you are required to invest a minimum of $1,800,000 in a US business.
How do I qualify for an EB-5 visa?
Qualifying for the EB-5 Visa requires proof of one of the following:
- Provide Proof For Investment From Lawful Business
- or Provide Proof For Investment Funds From Gifts
- or Provide Proof For Investment Funds From Inheritance
- or Provide Proof For Investment From Sale of Real Estate, Stocks, Business
- or Provide Proof For Investment From Loans (Only loans that qualify are loans backed by EB-5 applicant's assets.)
How long is an EB-5 visa good for?
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.
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 it take to get a EB-5 visa?
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. You will, however, have to also wait for the United States Citizenship and Immigration Services (“USCIS”) and Department of State to schedule an interview.
How do you qualify for EB-5?
EB-5 Visa Requirements Summary The investor must show a lawful source and path of investment funds. The investment must be made in a for-profit U.S. commercial entity. The investment must create 10 full-time U.S. jobs within the first two years after conditional residency is granted.
Do EB-5 investors get their money back?
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.
Is EB-5 green card worth it?
Among high-profile scams, stringent eligibility requirements, and exceedingly long processing times, investors are left wondering whether petitioning for an EB5 visa is still worth it. For many, the simple answer is yes, the EB5 visa is still the golden ticket to the American Dream it has always been portrayed to be.
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.
Can I take a loan for EB-5 visa?
So, yes, you may take out a loan for your EB5 investment capital. However, a loan is trickier to handle than a gift. If secured by personal assets, be prepared to show a promissory note listing the personal security that secures the loan. The USCIS permits unsecured loans for the EB-5 program.
Can h1b apply for EB-5?
If you have a valid, in-status H-1B visa, you are free to submit multiple petitions at the same time to United States Citizenship and Immigration Services (USCIS). Thus, you can take part in the EB-5 program while you are working in the United States without canceling your H-1B visa or any pending green card petition.
What is the minimum investment for EB-5?
The law imposes a new minimum investment of $1,050,000 for standard EB-5 investments and $800,000 for investments in Targeted Employment Areas (TEAs), and allocates a portion of the EB-5 immigrant visa quota to investments in rural areas, high unemployment areas, and infrastructure projects.
Which countries can apply for EB-5 visa?
As of April 23, 2020, 78,278 investors have applied for the EB5 program. Most investors—about 80 percent—come from four countries: China, South Korea, Taiwan and the United Kingdom. Large numbers of applicants have also come from Vietnam, India, Brazil, Mexico, and Nigeria.
How much should I invest in US to get green card?
First and foremost, you must be able to provide evidence that you dispose of an investment sum of $1.8 million. In regions that are designated as targeted employment areas, this threshold is lowered to $900,000. Targeted employment areas (TEAs) are determined by the Department of Homeland Security (DHS).
Is the EB-5 program still available?
Under the vacated rule published by the U.S. Department of Homeland Security, several changes to the EB-5 Immigrant Investor Program that went into effect Nov. 21, 2019 are no longer in effect.
Can we buy US citizenship?
US Citizenship by investment EB-5 and E2 are not a citizenship by investment program, However; after getting a Green Card via the EB-5 visa route, investors can apply for USA citizenship after five years of Permanent Residency. This process is known as Naturalization.
How much do you need to invest for an E 2 visa?
The applicant must make a substantial investment to qualify for the E2 investor visa. However, the law does not state a minimum dollar amount. Generally, the applicant should be prepared to invest at least $100,000 US dollars in the enterprise to have a good E2 visa case.
What is an I 526 petition?
I-526 summary An I-526 petition is the first application that an EB-5 investor must file and must demonstrate, with a credible business plan, that the program's requirements will be fulfilled: capital investment; a lawful source and path of funds; required job creation; the investment will be “at risk"; etc.
What is the EB-5 visa?
This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive.
Why is the EB-5 program called the EB-5?
This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive. Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.
What is the minimum investment amount for EB-5?
While USCIS considers this decision, we will apply the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019, including: The required standard minimum investment amount of $1 million and the minimum investment amount for investment in a Targeted Employment Area (TEA) of $500,000;
What is the purpose of the I-526 email?
PURPOSE: The primary purpose for providing the requested information in your email is to determine your eligibility as a class member and, if so, to make a determination whether to reconsider your Form I-526 petition.
When will the EB-5 be finalized?
While USCIS considers this decision, we will apply the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019. Under the vacated rule published by the U.S. Department of Homeland Security, several changes to the EB-5 Immigrant Investor Program that went into effect Nov. 21, 2019 are no longer in effect.
When was the EB-5 program created?
In 1992 , Congress created the Immigrant Investor Program, also known as the Regional Center Program, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.
When did the EB-5 expire?
Alert: Statutory authorization related to the EB-5 Immigrant Investor Regional Center Program expired at midnight on June 30, 2021. This lapse in authorization does not affect EB-5 petitions filed by investors who are not seeking a visa under the Regional Center Program. Due to the lapse in authorization related to the Regional Center Program, ...
When will the EB-5 be extended?
On Dec. 27, 2020, President Trump signed a law extending the Regional Center Program through June 30, 2021. USCIS policy on EB-5 adjudications is in Volume 6, Part G of the USCIS Policy Manual. All EB-5 investors must invest in a new commercial enterprise that was established: After Nov. 29, 1990; or. On or before Nov. 29, 1990, that was:
How many employees are required to be on an EB-5?
An EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time positions for at least 10 qualifying employees.
How long does an EB-5 investor have to show job maintenance?
The investor must show that the number of existing employees is, or will be, no less than the pre-investment level for a period of at least two years.
What is the minimum investment amount for EB-5?
21, 2019, including: The required standard minimum investment amount of $1 million and the minimum investment amount for investment in a Targeted Employment Area (TEA) of $500,000; ...
What is the I-485 form?
Form I-485, Application to Register Permanent Residence or Adjust Status, and any Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, associated with a Form I-485 application that is based on a Form I-526 filed by an approved regional center.
Is there a retention date for I-526?
No priority date retention based on an approved Form I-526;
Do EB-5 investors invest in a new commercial enterprise?
All EB-5 investorsmust invest in a new commercial enterprise that was established:
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 to prove that you earned money?
To prove this, you will submit many documents showing how the funds were earned, including bank statements and tax returns.
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.
Who files the I-526?
After putting together all the necessary documentation, your attorney will file the Form I-526 on your behalf.
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.
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.
What is an EB-5 visa?
The EB-5 visa provides a method of obtaining a green card for foreign nationals who invest in a "new commercial enterprise" in the United States. The EB-5 program "affords foreign nationals and their spouses and unmarried children under age 21 the ability to obtain a U.S. visa based solely upon a minimum investment in a for-profit enterprise that creates or retains a specified number of jobs". To obtain the visa, individuals must invest $1,000,000 or $1,800,000 after Nov 21, 2019 (or at least $500,000 or $900,000 after November 21, 2019 in a Targeted Employment Area - high unemployment or rural area), creating or preserving at least 10 jobs for U.S. workers excluding the investor and their immediate family.
What is the purpose of the EB-5?
The U. S. Citizenship and Immigration Services (USCIS) sets guidelines for EB-5 projects and monitors compliance with immigration rules. Under EB-5 visa guidelines, "investors must put their capital at risk and the green card is not guaranteed". The USCIS also evaluates approvals for regional centers.
What is the SEC whistleblower program?
In 2013, the U. S. Securities and Exchange Commission (SEC) issued an investor alert to warn investors about an increase in fraudulent investment scams that exploit the EB-5 visa program. The SEC listed "warning signs of fraud" such as automatic, timely and/or guaranteed "promises of a visa or permanent resident status" and established the SEC Whistleblower Program to offer a monetary award for "exposing EB-5 fraud". Under the SEC Whistleblower Program, individuals are eligible to receive a reward for providing the SEC with original information about securities fraud, including EB-5 fraud. If the SEC uses the individual's information to bring a successful enforcement action, he or she is eligible to receive 10% to 30% of the monetary sanctions collected as an award. A whistleblower's tip about a $147 million EB-5 scheme has already resulted in a $14.7 million SEC award.
Why did Kushner promote EB-5 to Chinese investors?
Starting on May 6, 2017, a number of major media outlets began raising concerns about ethical implications regarding the way in which the EB-5 program was promoted to potential Chinese investors by Kushner Companies, because of Jared Kushner 's pivotal and influential role in the Presidency of Donald Trump, his father-in-law. Chinese investors were shown a photo of Pres. Trump in a marketing slide show, suggesting the ease of getting a green card. The Independent headlined with "Trump and Kushner exploitation of presidency 'unlike anything we have ever seen before'.
What was Lobsang Dargey's EB-5 fraud?
On August 24, 2015 the SEC filed civil fraud charges against Lobsang Dargey for his misuse of the EB-5 Visa program by misappropriating about $136 million from Chinese investors through his Path America entity. The SEC received a settlement offer in January 2017 that "signaled "a possible resolution to the high-profile case".
How many EB-5 applications were filed in 2011?
In 2011, USCIS began making a number of changes to the program in hopes of increasing the number of applicants. By the end of the 2011 fiscal year, more than 3,800 EB-5 applications had been filed, compared to fewer than 800 applications in 2007.
How much money is required for EB-5?
Whereas EB-5 required an investment of $500,000 AIS only required $125,000 cash with the rest — $375,000 in the form of a promissory note. AIS claimed the promissory note would "be forgiven once the immigrant's permanent residency application was approved".
