What is the Process of Getting an EB-5 Visa?
- Hire an Immigration Attorney. The first step in the EB-5 process is to hire an immigration attorney with experience handling EB-5 cases.
- Select an Investment. Select an EB-5 investment that you are comfortable with (after doing a lot of due diligence). ...
- Invest Your Funds. When you file the Form I-526 you must show that you have invested or are actively in the process of investing your capital into ...
- File Form I-526. After putting together all the necessary documentation, your attorney will file the Form I-526 on your behalf.
- Adjustment of Status/Visa Processing. There are 2 ways to get your conditional green card. ...
- File Form I-829. After 21 months of becoming a conditional permanent resident, you are eligible to have your attorney file a Form I-829 for you.
- Naturalization (Optional) After you’ve been a permanent resident for at least 5 years, you may be eligible to apply for Naturalization, to become a US citizen.
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.
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 long does it take to get a EB5 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 much does an EB5 visa cost?
Cost. The total cost for an EB-5 investor visa is between $4,020 and $4,900, depending on where the applicant is filing from. To begin with, the applicant will need to pay a fee of $3,675 to file Form I-526 (officially called “Immigrant Petition by Alien Entrepreneur”).
How do I apply for EB-5 visa?
Steps to Obtain an EB-5 Green CardStep 1: Finding the Right EB-5 Project. ... Step 2: Investing the Necessary Capital and Filing an I-526 Petition. ... Step 3: Obtaining Conditional Permanent Resident Status. ... Step 4: Filing an I-829 Petition and Removing Conditions from Resident Status. ... Step 5: U.S. Citizenship (optional)
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.
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.
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.
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.
Is it easy to get Green Card through EB-5?
EB-5 investments deemed to be in the national interest receive expedited approval by the U.S. Citizenship and Immigration Services. This results in processing of only two to six months. This is the fastest EB-5 processing possible.
How much does a green card cost 2022?
The fees are (as of early 2022): $535 for an I-130; $435 for an I-360 (with exemptions for VAWA and many other applicants); $535 for an I-129F; and $700 for an I-140.
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.
How much money is required for investor visa in USA?
To qualify as an immigrant investor for petitions filed on or after November 21, 2019, a foreign national must invest, without borrowing, the following minimum qualifying capital dollar amounts in a qualifying commercial enterprise: $1,000,000 (U.S.); or.
Can I take 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.
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.
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.
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.
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?
All in all an EB-5 Visa is a great Visa option for those who have the money and wish to start a business in the U.S.. The Visa does have an extensive documentation requirement and you are strongly advised to seek the assistance of a qualified immigration lawyer. Let Scott Legal, P.C., be your guide. Here are some of the ways we can help you with your EB-5 Visa. We can: 1 Work with the investor and family to put together an EB-5 Visa green card petition. 2 Assist the investor in completing all documents needed for the EB-5 Visa petition. 3 Prepare the investor and his family for the Department of State interview 4 Appear with the investor and family at the interview (upon the investor’s request) with the Department of State at the consular post overseas, and assist in the interview process or appear at the interview before the USCIS in the United States; 5 Assist the investor and family in entering the United States and establishing lawful permanent residence in the United States; 6 Assist the investor and family in removing the condition from the permanent resident status within the last three months of the second year following the commencement of permanent residence; 7 Assist the investor in obtaining any financing services that may be necessary. 8 Assist the investor to find a regional center
Can I get a green card if I have an EB-5?
EB-5 investors are eligible for this conditional green card once their I-526 petition has been approved and the exact forms that have to be filed depend on whether you are in the U.S. or not. If you were in the country when the I-526 is approved, you would file a change of status petition (I-485).
How to get an EB5 visa?
To get an EB5 visa, there are 6 basic requirements: 1 You must invest in a new commercial enterprise 2 You must make an investment of $1,800,000 (or $900,000 if the investment is located in a targeted employment area) 3 Your investment must lead to the creation of 10 full-time jobs for US workers 4 The investment funds must be put at risk (meaning that the funds cannot just sit in the business bank account, they must actually be spent) 5 The investment funds must have been obtained lawfully 6 You must engage in the management of the business
What is the form to file for an EB5 visa?
2. Form I-526: Once the funds are invested, you can then file the Form I-526. The I-526 is the initial form you are required to file for your EB5 visa. Once the I-526 is approved, you can then apply for your immigrant visa or apply to adjust status if you are in the US.
How much does it cost to get an EB5 visa?
The EB5 investment is the sum you are required to invest to qualify for an EB5 visa. The current minimum investment amount to qualify for an EB5 visa is $1,800,000. However, if you invest in a business that is located in a targeted employment area (TEA), you may qualify to invest a reduced amount of $900,000. An area can qualify as a TEA if it is a rural area or an area of high unemployment.
How long does an EB5 visa last?
Conditional Permanent Residency: Once enter the US with your EB5 visa, or your adjustment of status petition is approved, you are classified as a conditional permanent resident for a 2-year period. As a conditional permanent resident, you have all of the same rights as a permanent resident with the exception that your status as a permanent resident only lasts for a 2-year period. During this time, you are required to keep your EB5 investment funds at risk and you are also required to create the 10 full-time jobs for US workers.
How much does it cost to file an I-526?
To process your Form I-526, USCIS charges a fee. The current filing fee required for the Form I-526 is $3,675. You are only required to pay this fee once, for you and all dependents included in your EB5 visa case.
What documents are needed for an EB5 visa?
These documents include your birth certificate, foreign bank statements, and many others. All documents in any language other than English must be translated to English by a certified translator before they are submitted to USCIS. To do this, you will need to work with a certified document translation company. The fees they charge will vary depending on the company you choose and how fast you need the translations completed.
How much does it cost to get a visa outside the US?
To apply for an immigrant visa, you must file a Form DS-260 with the Department of State. The filing fee for the DS-260 is currently $345 per person. In addition to filing the DS-260, you will also be required to attend a visa interview.
How long does it take to get an EB5 visa?
EB5 investment visa I-526 processing time is estimated to range from 29 to 61 months; depending on whether a country’s visa availability is Current or Backlogged. A temporary USA Green card is issued to the investor at the end of this process period.
What are the EB5 visa priority dates for all countries?
According to the US Department of State – Visa Bulletin July 2020, EB-5 priority date for all countries is Current except for China and Vietnam. I-526 Immigrant Investor Visa petition processing time ranges between 29.5 and 61 months.
What is the priority date for EB5?
What are the EB5 visa priority dates for all countries? According to the US Department of State – Visa Bulletin July 2020, EB-5 priority date for all countries is Current except for China and Vietnam. I-526 Immigrant Investor Visa petition processing time ranges between 29.5 and 61 months.
How long does it take to get a DS-260?
DS-260 (if in home country) – It is taking the National Visa Center/ consulate 30 to 45 days after they receive the USCIS approval to provide instruction on the next steps. You must wait to hear from NVC before proceeding. Depending upon your consulate, once NVC/consulate receives all required documents, usually NVC/Consulate will schedule an interview within 60 to 90 days, if the priority date is current.
What is EB5 BRICS?
EB5 BRICS is here to help guide you to citizenship through investment. We have helped many families successfully navigate the EB5 immigration landscape.
How long does it take to get a green card for 2020?
I-526 processing time is estimated to range from 24 to 36 months. A temporary USA investment Green card is issued to the investor at the end of this approval process period.
When can I file an I-829?
The EB-5 investor can file the I-829 petition with USCIS starting 90 days before the end of the two year conditional permanent status period. The applicant’s conditional residency is extended while the I-829 is in process.
