EB-5 Program and Green Card Through Investment

1. What is the EB-5 Program?


The EB-5 Program is a federal visa program that allows foreign investors to obtain permanent residency in the United States by investing in a commercial enterprise that will create or preserve at least 10 full-time jobs for US workers. The investor must make an investment of at least $500,000 in a commercial enterprise located in a TEA (Targeted Employment Area) or $1,000,000 in a non-TEA.

2. Who qualifies for the EB-5 Visa Program?


The EB-5 Visa Program is open to foreign investors from all countries and regions who meet certain criteria. To qualify for the program, applicants must meet the following requirements:

1. Make an investment of at least $1 million (or $500,000 in a Targeted Employment Area)

2. Create or preserve at least 10 full-time jobs for U.S. workers

3. Demonstrate a pathway to obtaining lawful permanent residence in the United States

4. Prove the source of the funds used for the investment

3. What is the minimum investment amount for the EB-5 Program?


The minimum investment amount for the EB-5 Program is $900,000. This amount can be reduced to $500,000 if the investment is made in a Targeted Employment Area (TEA).

4. How long does it take to get an EB-5 visa and a green card?


The processing time for an EB-5 visa and green card application varies depending on the country of origin, the type of EB-5 visa sought and the current processing times at the USCIS. Generally, it can take anywhere from 12 to 24 months to receive a decision on an EB-5 visa application. After approval, it can take up to 4-6 months to receive the green card.

5. What is the difference between the EB-5 Visa Program and the Green Card Through Investment?


The EB-5 Visa Program and the Green Card Through Investment are both pathways to permanent residency in the United States. The main difference is the investment amount required. The EB-5 Visa Program requires an investment of $500,000 or $1 million in a qualified regional center that creates jobs in the U.S. economy, while the Green Card Through Investment requires an investment of $1 million or more in a U.S. business that creates at least 10 jobs. Additionally, the EB-5 visa is a temporary visa that can be renewed, while the green card is permanent residency.

6. What are the steps to obtain an EB-5 Visa?


1. Determine eligibility.

2. Submit an I-526 petition to the U.S. Citizenship and Immigration Service (USCIS).

3. Obtain an investment of at least $500,000 or $1 million in a U.S. commercial enterprise.

4. Make an investment that creates or saves at least 10 full-time jobs for U.S. workers.

5. Receive a conditional green card from USCIS.

6. File Form I-829 to remove conditions on the green card two years later and receive a permanent green card.

7. What are the general requirements of the EB-5 Program?


The general requirements of the EB-5 Program are:

1. Make the required investment of at least $1.8 million in a qualifying commercial enterprise in the United States;
2. Create or preserve at least 10 full-time jobs for U.S. workers;
3. Demonstrate the source and path of capital;
4. Be involved in the management of the new commercial enterprise as an agent, executive, or board member (unless hands-on management is not required for the type of investment made); and
5. Maintain lawful immigrant status while in the United States.

8. Are there any potential risks involved with investing in the EB-5 Program?


Yes, there are potential risks involved with investing in the EB-5 Program. These risks include: the potential failure of the project for which investments have been made, the potential for fraud or criminal activities, and the potential for significant delays in obtaining permanent residency status. Investors should also be aware that they may lose their entire investment if the project fails or they do not meet all requirements of the program. Additionally, investors should be aware of the potential tax implications associated with investing in an EB-5 Program.

9. What are the benefits of obtaining a green card through investment?


The benefits of obtaining a green card through investment are:
1. A green card allows you to live and work in the United States permanently.
2. You can travel freely in and out of the United States for business or pleasure.
3. You can eventually become a U.S. citizen if you meet the eligibility criteria.
4. You can sponsor your family members for green cards.
5. You will have access to certain social benefits, such as public education and healthcare.
6. You can open a business in the U.S., take advantage of tax incentives, and enjoy potential business growth opportunities.

10. How much does it cost to apply for an Investment-Based Green Card?


The cost to apply for an Investment-Based Green Card can vary. The filing fees for an I-526 Immigrant Petition are $3,675. Additionally, the minimum investment amount is $500,000, and the cost of the application process can vary depending on the attorney’s fees and other associated costs.

11. Can an applicant for a green card through investment obtain permanent residency status in the United States?


Yes, an applicant for a green card through investment can obtain permanent residency status in the United States. This is known as an EB-5 visa, and it is available to immigrant investors who invest $500,000 or more into a new commercial enterprise that creates at least 10 full-time jobs for US workers. Upon approval of the petition, the investor and their family members can receive their green cards and become lawful permanent residents of the United States.

12. Is there an age limit to be eligible for the green card through investment program?


Yes, the age limit to be eligible for a green card through an investment program is 18 years.

13. Are there any restrictions on where the investment funds must be used?


Yes, there may be restrictions on how investment funds may be used. These restrictions may vary depending on the type of investment. Regulations may also vary by jurisdiction. For example, some jurisdictions may restrict investments in certain types of assets, while others may require that funds be used for specific purposes. It is important to understand any restrictions that may apply before investing funds.

14. Are there any limitations on how long one can remain in the US with an Investment-Based Green Card?


No, there are no limitations on how long one can remain in the US with an Investment-Based Green Card. However, if the individual wishes to become a US citizen, they must meet certain eligibility requirements, such as living in the US for a certain period of time and passing the necessary immigration tests.

15. Is there a time limit to complete all of the required investment activities?


Yes, most investments require regular contributions and investments over time. Most investment accounts have a required minimum investment and minimum balance requirements to remain open. Additionally, many investments come with time limits, such as long-term investing goals, or retirement plans that require regular contributions over a certain period of time.

16. Can an Investor’s family members also obtain green cards through their investment?


Yes, in certain cases, investors and their family members can obtain green cards through their investment. Generally, investors and their family members may be able to obtain green cards through an EB-5 investment as long as the investor invests the required amount of capital and creates job opportunities for at least 10 full-time positions within two years.

17. What types of jobs qualify as eligible for direct job creation under the EB-5 Program?


The types of jobs that qualify as eligible for direct job creation under the EB-5 Program includes jobs that involve the creation or preservation of 10 full-time positions in the United States for the following categories of workers: employees hired directly by the new commercial enterprise (NCE), employees hired indirectly by the NCE, and/or employees of an affiliated or regional center. These types of jobs must meet the definition of a “qualifying employee” under immigration law. Qualifying employees include U.S. citizens, permanent residents, and other immigrants authorized to work in the United States.

18. Are all investments in businesses or projects in certain geographic areas eligible under this program?


No, not all investments in businesses or projects in certain geographic areas are eligible under this program. Eligibility requirements vary depending on the type of investment, and it is important to check with the program administrators for specific information about eligibility.

19. Are there any additional requirements for investors who choose to invest in a Regional Center project or business enterprise?


Yes. Investors in Regional Center projects must meet certain criteria to qualify for a visa. Generally, investors need to prove that their investment is “at risk,” meaning that it is not secured by another form of collateral and that they are personally liable for any losses associated with the investment. Additionally, investors must show that they have a genuine interest in the success of the business and that they are actively involved in the business management.

20. Are there any other options for obtaining legal permanent residency in the US without participating in the EB-5 Program or obtaining a green card through investment?


Yes, there are other options for obtaining legal permanent residency in the US without participating in the EB-5 Program or obtaining a green card through investment.

Options include applying for a family-based green card, obtaining an employment-based green card, applying for asylum or refugee status, participating in a special immigration program, or through self-petitioning.