1. What is the current minimum investment amount for the EB-5 Investor Visa Program?
The current minimum investment amount for the EB-5 Investor Visa Program is $900,000.
2. What is the main difference between the EB-5 Immigrant Investor Visa Program and the L-1 Intracompany Transfer Visa?
The EB-5 Immigrant Investor Visa Program is a type of US immigration program for investors who invest at least $500,000 in a new commercial enterprise in the United States. The investment must create at least 10 full-time jobs for US workers. It is a path to permanent residency in the United States.
The L-1 Intracompany Transfer Visa is a type of US immigration program for employees of an international company that has a branch, subsidiary, or affiliate in the United States. This program allows employees to move to the United States on a temporary basis for up to seven years in order to work in the US branch. The L-1 visa does not provide a path to permanent residence in the United States.
3. How long is an EB-5 visa valid for?
An EB-5 visa is valid for two years. It is important to note that the two-year period does not indicate when the visa holder has to leave the United States; rather, it indicates how long the visa itself is valid. The visa may be renewed if the EB-5 investor continues to meet the requirements of the EB-5 program.
4. Are there any recent changes to the EB-5 program?
Yes, there have been several recent changes to the EB-5 program. On July 24, 2019, the U.S. Citizenship and Immigration Services (USCIS) announced that it was increasing the minimum investment requirement for the EB-5 Immigrant Investor Program from $1 million to $1.8 million. On August 7, 2019, the agency also announced a further change in the amount of capital required for high-unemployment (TEA) targeted employment areas, raising the amount from $500,000 to $900,000. Additionally, on May 29, 2020, USCIS announced a new rule which requires all applicants to prove their source of funds for their investment.
5. How are the funds for an EB-5 investment secured?
Funds for an EB-5 investment are secured through escrow accounts. Escrow accounts are set up and managed by a trusted third-party, such as a bank or financial institution. The investor’s funds are placed into the escrow account and held until the funds are needed. Once the funds are needed, the investor must authorize the release of the funds from the escrow account to the business. This ensures the investor’s funds are safe and protected until they are needed for investment.
6. Are there any restrictions on the type of business that can be operated with an EB-5 visa?
Yes, there are certain restrictions on the type of business that can be operated with an EB-5 visa. Generally, the business must create a minimum of 10 new full-time jobs for U.S. workers (not including the investor and their immediate family members). Additionally, the investment must be at least $500,000 or $1 million, depending on the type of business and location of the investment. The business must also promote economic growth in a targeted employment area.
7. What are the job creation requirements for an EB-5 investment?
In order to qualify for an EB-5 investment, the investor must create or save at least 10 full-time jobs for U.S. workers in a new commercial enterprise either through direct job creation or indirect job creation. The jobs must be lasting at least two years and must be filled by U.S. citizens, permanent residents, or other immigrant workers with the proper legal authorization to work in the United States. Additionally, the investment must be made into a new commercial enterprise in a targeted employment area (TEA) either through a direct investment or through a Regional Center project.
8. Is it possible for an investor to obtain permanent residency without actually investing in a business?
Yes, it is possible for an investor to obtain permanent residency without actually investing in a business. This can be done through programs such as the EB-5 visa program, which allows investors to obtain a green card in exchange for investing in a United States commercial enterprise. It is also possible to obtain permanent residency through family immigration or through asylum and refugee status.
9. What is the process of applying for an EB-5 visa?
The EB-5 visa process begins with filing a petition for classification as an immigrant investor. After the petition is approved, applicants must submit evidence that their investment meets the EB-5 criteria. The USCIS then reviews the submitted documents and makes a decision to approve or deny the petition. If approved, the applicant will receive an immigrant visa number which can be used to apply for an EB-5 visa. The applicant must then go through the visa interview process and if approved, they will receive their green card and can begin to live and work in the United States as a permanent resident.
10. What are the requirements for a successful application?
The requirements for a successful application will depend on the particular application. Generally, a successful application should include all the necessary information requested, be free of errors or typos, and be submitted in a timely manner. Other requirements may include providing references, submitting a resume or CV, submitting official transcripts or test scores, and passing any applicable background checks.
11. How long does it take to receive an EB-5 visa?
The processing time for an EB-5 visa varies depending on the particular case. Generally, the process takes between 12 and 18 months after the initial application is submitted. However, it is not unusual for cases to take longer due to delays at the USCIS or other factors.
12. Are there any special considerations given to investors from certain countries?
Yes, many countries have rules and regulations that offer certain benefits to investors from their country. For example, some countries may provide tax incentives for investments made by domestic investors or provide special access to certain investment opportunities such as venture capital funds. Additionally, investors from certain countries may be subject to different regulatory requirements or restrictions on certain types of investments.
13. How does an investor qualify for a green card through the EB-5 program?
To qualify for a green card through the EB-5 program, an investor must make a capital investment of at least $1,000,000 (or $500,000 in certain rural or high unemployment areas) into a new commercial enterprise in the US that will create or preserve at least 10 permanent full-time jobs for US workers excluding the investor and their family. The investor must also demonstrate that their funds are from lawful sources.
14. Are there any restrictions on how long a foreign investor can stay in the US after obtaining their green card through the EB-5 program?
There are no restrictions on how long a foreign investor can stay in the US after obtaining their green card through the EB-5 program. A foreign investor is allowed to remain in the US indefinitely, with the right to work and travel freely within the US.
15. Does an investor have to be physically present in the US in order to qualify for permanent resident status through the EB-5 program?
No. An investor does not have to be physically present in the US in order to qualify for permanent resident status through the EB-5 program. However, the investor must meet certain requirements, such as making a qualifying investment for a period of time, maintaining a principal residence in the United States, and filing the necessary paperwork with U.S. Citizenship and Immigration Services (USCIS).
16. What happens if an investor’s business fails to meet job requirements or other terms of their agreement with the USCIS?
If an investor’s business fails to meet job requirements or other terms of their agreement with the USCIS, they may be required to return their investment and could face deportation proceedings. They may also be subject to other civil or criminal penalties, such as fines or jail time.
17. Do investors have to demonstrate financial support for themselves and/or their families in order to receive their green cards through the EB-5 program?
Yes, investors must demonstrate enough financial support for themselves and/or their families in order to receive their green cards through the EB-5 program. The exact amount of financial support required will vary depending on the investor’s family size and other factors.
18. Can an investor transfer their green card to another family member after obtaining it through the EB-5 program?
Yes, an investor can transfer their green card to another family member after obtaining it through the EB-5 program. The process is known as “green card portability” and involves filing a form I-824 to USCIS. The family member must also meet all the other requirements for eligibility under the EB-5 program.
19. Is there any way to expedite the processing of an EB-5 visa application?
No, there is no way to expedite the processing of an EB-5 visa application. The processing time depends on the workload at USCIS and can vary greatly from case to case.
20. What are some of the common reasons for a denial of an EB-5 visa application?
1. Inadequate investment amount
2. Insufficient evidence of source of funds
3. Inadequate documents to demonstrate job creation
4. Insufficient evidence of the entrepreneur’s business experience
5. The business does not meet the definition of a qualified commercial enterprise
6. Inadequate evidence of the entrepreneur’s role in the business
7. Insufficient business plan to show the entrepreneur’s role in the enterprise’s success
8. Insufficient evidence of regional economic impact
9. Inadequate proof of capital investment into the business