FAQ

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How much do you need to invest to become a US citizen?

According to USCIS, the minimum amount to invest to qualify for the EB-5 visa is $500,000 in a targeted employment area (TEA) which are high unemployment or rural areas, or $1,000,000 in an urban area. These amounts may increase in the future.

How long does it take to get a green card through EB 5?

Usually, the whole process takes around 4-5 years from the time you invest to the time you get your money back. There are two major stages for the whole process. The primary stage is the first one which includes filing for the I-526 application which takes around 18-24 months to get approved after which the investor is eligible for a conditional green card which is valid for 2 years. During these 2 years, your lawyer needs to file the for I-829 to remove those conditions after which you receive your permanent green card which is valid for 10 years and is renewable.

ARE MY FAMILY MEMBERS ELIGIBLE TO QUALIFY FOR AN EB-5 VISA?

Your spouse and children below the age of 21 may qualify for an EB5 visa under the same investment as yours.

WHAT ARE THE BASIC REQUIREMENTS FOR AN EB-5 VISA?

The foreign applicant must independently establish a business OR invest into an existing business which was created or restructured after 19 November 1990. The foreign investor is required to invest USD$1,000,000 into the aforementioned business ( or USD$500,000 when investing into a USCIS designated regional center). The investment must create at least ten Full-time jobs for legal U.S. residents or citizens.
For more detailed and comprehensive information on the requirements for an EB-5 Investor Visa and to obtain the official U.S. government information regarding the EB-5 Immigrant Investor Program and the Regional Centers Pilot Program, please visit the US Citizenship & Immigration Services (USCIS) website.

WHY CHOOSE THE EB-5 INVESTOR VISA PROGRAM?

The EB-5 Investor Visa program presents outstanding opportunities for many overseas investors to become permanent residents of the United States. Choosing to invest in an EB-5 Visas program allows foreign investors, their spouse and children (under the age of 21) to obtain conditional green cards so that they can attend school, legally work in the United States if they so choose or simply enjoy retirement while living anywhere in the United States. All of this while creating jobs, promoting economic growth and improving productivity within the geographic region.

WHAT IS THE REGIONAL CENTER (PILOT) PROGRAM?

In 1990, the United States Congress established the fifth employment-based (EB-5) preference category for immigrants seeking to enter the United States by enacting the Immigration and Nationality Act. The law is intended to benefit the U.S. economy by generating new economic activity and increasing employment in targeted areas.
Section 203(b)(5) of the legislation makes foreign nationals eligible for permanent residency by engaging in a commercial enterprise that will benefit the American economy and directly create at least 10 full-time jobs for U.S. citizens, lawful permanent residents, and other immigrants lawfully authorized to be employed in the United States. The minimum qualifying investment amount is $500,000 for commercial enterprises located within a rural area (or a targeted employment area), and is otherwise $1,000,000.

In the simplest terms, this means that as a foreign investor you have the choice to invest either $500,000USD or $1,000,000USD into the development of a business or project here in the United States and that as a result of your investment this business will create at least 10 jobs in the local economy. You will also now become a “limited partner” in this new business and will share in the profits of this company based on an agreed upon percentage of ownership. These investment funds must be invested into the operations of the business and the funds must be “at risk” with no form of guarantee. This is not a passive investment (such as purchasing shares of stock) however you are also not required to have day to day operations of the business either.

Congress allocates 10,000 immigrant visas annually for this employment-based preference, the EB-5 category. At least 3,000 of these visas are set aside each year for those who utilize a designated Regional Center or TEA status.
The EB-5 program does not discriminate against education, experience or does not require a sponsor. There is no requirement to speak English and the EB-5 category also allows the family (including any children under 21 years old) to be part of the process. As an EB-5 Investor you are also free to reside anywhere in the United States that you choose.

WHAT ARE THE EB-5 INVESTMENT OPTION GUIDELINES?

▪ Investment in the EB-5 Visa program can be made in the form of cash, cash equivalents, equipment, inventory or other tangible property

▪ Capital does not include loans made by the investor to the venture, however the investor may borrow the investment money if it is secured by assets owned by the investor, provided the investor is personally liable for repayment of the loan

▪ The investor may receive a gift of funds, if all applicable taxes required by law have been paid. Source of capital

▪ When the investment is made into the respective project the USCIS is notified. The current guidelines indicate a required investment for a TEA at USD$500,000. Prospective investors are eligible to invest the required amount alone, create a qualifying business with other foreign investors and/or with a U.S. citizen or other people not seeking classification as a foreign investor. In these types of cases, all persons seeking classification as a foreign investor must have invested the required amount of USD$500,000, however each investor can use the same employees to reach the required 10 new positions

WHAT ARE THE EB-5 JOB CREATION GUIDELINES?

A requirement of the EB-5 visa is that each investment of either USD $1,000,000 or USD $500,000.00 must help to create jobs. If for instance the money is invested into an approved Regional Center then this project must be located in a targeted area (also known as a TEA) and must create or sustain 10 full-time jobs for US citizens, lawful permanent residents or other immigrants legally authorized to be employed in the United States.
An important advantage to investing in a project with Regional Center designation is the “indirect” nature of the job creation, which is less difficult to achieve than the “direct” creation of 10 new jobs. The requirement of creating at least 10 new full-time jobs can be satisfied by showing that as a result of the investment and the activities of the new enterprise at least 10 jobs will be created indirectly in the region through an employment creation multiplier effect. These Jobs do not have to be directly related to the project and can now include certain construction jobs during the construction phases of the project. Jobs can also be counted that were created by the investment and located in the region. Forecasting tools which support the likelihood that the business will result in increased employment may be utilized.