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...
Full Answer
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.
Who can apply for an Eb5 visa?
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 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.)
What do you need to know about Eb5 visa?
What Should You Know About EB-5 Visa? Investment Visa EB-5. This program was created by Congress in 1990 to stimulate United States economy creating new job opportunities by foreign capital investment. It was enacted as a pilot in 1992 and has been reauthorized since then.
How does the EB-5 visa program work?
What is an EB-5 Visa? The EB-5 (employment-based, 5th preference) investor visa grants permanent resident status to investors who satisfy certain criteria. With this visa, the applicant's spouse and unmarried children below the age of 21 may also receive a green card.
Do EB5 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.
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.
Is EB-5 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 borrow money for EB-5?
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.
How long does it take to get green card from 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.
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.
What is an EB-5 visa who qualifies for it?
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.
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.
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.
Can I buy existing business for EB-5?
Yes, EB-5 investors can investor in existing businesses.
How do EB-5 regional centers make money?
Regional centers make money based on their projects. Most projects are loan based. The EB-5 investor''s funds are invested into the project. The EB-5 investor makes a small percentage of interest.
How long does the EB-5 process take?
six monthsThe 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.
What is EB-5 regional center program?
An EB-5 regional center is an economic unit, public or private, in the United States that is involved with promoting economic growth. Regional centers are designated by USCIS for participation in the Immigrant Investor 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.
When will I-526 be accepted?
In addition, we again will accept the April 15, 2019 , version of Form I-526, Immigrant Petition by Alien Entrepreneur, because the Nov. 21, 2019, version of the form reflects updates from the now-vacated rule. Alert: Statutory authorization related to the EB-5 Immigrant Investor Regional Center Program expired at midnight on June 30, 2021.
Is there a retention date for I-526?
No priority date retention based on an approved Form I-526;
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.
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.
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.
Features of a Direct EB-5 visa
It is an investment route for foreigners looking to invest in real estate or open a business in the US.
Benefits of EB-5 Visa Investment
The direct investment approach makes it a faster process than working with a government-approved Regional Centre.
What is an EB5 visa?
The EB5 “Investor Green Card” is a permanent residency U.S. visa designed to allow permanent U.S. residency to foreign investors who are willing to invest significant capital in American companies.
Why are EB5 visas not so famous?
However, EB5 visas are not quite as “famous” due to the amount of money required for investment and the duration of time the investment must be held at risk.
What is an expedited I-526 processing project?
Expedited I-526 Processing project is an option for investors to get ahead of the Backlog/Retrogression.
What is the minimum investment required for unemployment?
An investment of $1 million or more (or at least $500,000 in certain rural areas or regions with high unemployment);
How long does it take for a green card to be approved?
Once USCIS approves the investor’s Green Card, it is conditional for a period of 30 months (two and a half years).
How much money do you need to invest in a targeted employment area?
The investor must be investing at least US$1 million (or at least $500,000 if in a designated targeted employment area* ).#N#* The definition of targeted employment area is a rural area or area that has experienced high unemployment rate of at least 150% of the national average.
Does USCIS relax the requirements for EB5?
USCIS relaxed the requirements together with an increase in consistency of approving EB5 applications, the success rate ultimately depends on the applicant’s ability to meet all of the criteria.
How much investment is required for an EB-5 visa?
EB-5 visa applicants are required to make an investment of at least $1.8 million, or $900,000 if the job creation occurs in a Targeted Employment Area (TEA), into a U.S. business venture. TEA designation applies to projects in either a rural area or in a high unemployment area.
What are the two outcomes of an EB-5 investment?
When selecting an EB-5 eligible investment, consider these two desired outcomes: Green Cards, and return of capital. The first relates to likelihood of immigration benefits, the second relates to likelihood of having your capital returned in a timely manner.
How to file an I-829?
What documents are required to file an I-829 petition? 1 Conditional permanent resident card 2 Evidence that a commercial enterprise was created, as per federal tax returns 3 Documentation that the new commercial enterprise received the petitioner’s capital investment 4 Documentation showing the commercial enterprise was maintained for the entire conditional residency period of two years 5 Proof that at least 10 full-time jobs were created according to the business plan, as per payroll and tax records 6 Biometric documentation including fingerprints, photograph, and signature 7 Legal documents pertaining to the applicant’s criminal history (if applicable)
How long is an I-485 good for?
Approval of an I-485 or DS-260 petition results in a Green Card — the applicant is now a conditional permanent resident in America. This status is good for two years. The investor and his or her family members can live and work in the U.S.
How old do you have to be to get an EB-5?
permanent resident, along with their spouse and unmarried children under the age of 21.
What percentage of EB-5 investments are made in the Regional Center Program?
Over 95% of EB-5 investments are made in the Regional Center Program as it allows indirect and induced jobs to count for job creation, thus making this requirement easier to satisfy than with direct EB-5 investments.
Why are real estate projects favored by EB-5?
In prior years, real estate projects were favored EB-5 investments because jobs were modeled by an economist to be created so long as the full budget in the business plan was spent. As real estate projects rarely come-in significantly under budget, this simplified job counts considerably and lowered the job-creation risk.
What is a decision notice?
The decision notice will indicate whether you may file an appeal and/or a motion. For information about filing requirements for appeals and motions, see 8 CFR 103.3 and 103.5 and Form I-290B, Notice of Appeal or Motion.
Do you have to live in the same city as a new commercial enterprise?
No. You do not have to live in the same city or state as the new commercial enterprise or the project.
Can I check my I-829 case status online?
Case Status Online is only available to the Form I-829 petitioner who was initially the primary Form I-526 petitioner. This Form I-829 petitioner can check their case status using the Form I-829 receipt number.
Can I get an EB-5 visa if I am in the US?
No. An approved Form I-526 petition does not guarantee that the U.S. Department of State will issue you an EB-5 visa or that USCIS will grant adjustment of status if you are in the United States. Also, the issuance of a visa does not guarantee your entry into the United States.
