Frequently Asked Questions
Frequently Asked Questions
What is the EB-5 Visa?
The EB-5 Visa is an immigrant investor program that provides a pathway to lawful permanent residency in the United States for foreign nationals who invest a significant amount of capital in a new commercial enterprise that creates jobs for U.S. workers.
How many jobs must be created to satisfy the EB-5 Visa requirements?
The EB-5 Visa program requires the creation of at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the United States as a conditional permanent resident.
What is the process for obtaining an EB-5 Visa?
The process involves several steps, including:
File Form I-526: This form serves as a petition to demonstrate that the investor has invested, or is actively in the process of investing, the required capital into a qualifying commercial enterprise.
Conditional Permanent Residency: Upon approval of Form I-526, the investor and their immediate family members (spouse and unmarried children under 21) may apply for conditional permanent residency in the United States by filing Form I-485 or by applying for an immigrant visa at a U.S. consulate abroad.
Removal of Conditions: After two years of holding conditional permanent residency, the investor must file Form I-829 to petition for the removal of conditions and obtain lawful permanent residency (green card) if the investment and job creation requirements have been met.
What are the benefits of the EB-5 Visa program?
Some of the benefits include:
The opportunity to live, work, and study anywhere in the United States.
No requirement to manage the day-to-day operations of the business.
Potential for a direct path to permanent residency and eventual citizenship.
Ability to sponsor immediate family members for green cards.
What is the minimum investment amount required?
The minimum investment is typically $1 million. However, if the investment is made in a targeted employment area (TEA), the minimum is reduced to $800,000.
What is the minimum investment amount required?
A TEA is a rural area or an area with high unemployment (at least 150% of the national average). Investments in these areas qualify for the lower investment threshold.
How many jobs must be created through the EB-5 investment?
Each EB-5 investment must create or preserve at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the U.S.
How long does the EB-5 process take?
Processing times can vary, but it typically takes around 12 to 24 months for the initial petition (Form I-526) to be processed. Additional time may be required for the adjustment of status or consular processing.
Can my family join me in the EB-5 application?
Yes, the EB-5 program allows the investor’s spouse and unmarried children under 21 to be included in the application.
What is a regional center?
A regional center is an organization designated by USCIS to sponsor EB-5 investment projects. Investments through regional centers often have a more streamlined process for job creation requirements.
What happens after my investment?
Once your investment is made, you will need to file the Form I-829 petition to remove conditions on your Green Card after two years, demonstrating that the investment has met the job creation requirements.
Can I live anywhere in the U.S. with an EB-5 visa?
Yes, EB-5 visa holders can live anywhere in the U.S. without restrictions.