1. What is the EB-5 visa program?

The EB-5 visa program is a program administered by the U.S. Citizenship and Immigration Services (USCIS) that provides a path to permanent residency in the United States for foreign investors who make an investment of at least $500,000 into a new commercial enterprise located in a targeted employment area. The program is designed to stimulate the U.S. economy through job creation and capital investment by foreign investors.

2. What are the criteria to qualify for the EB-5 visa program?

The criteria to qualify for the U.S. EB-5 visa program is as follows:

1. Invest at least $1.8 million in a new commercial enterprise in the United States, or at least $900,000 in a targeted employment area,

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

3. Demonstrate that the funds invested were obtained through “lawful means” and will be used in accordance with U.S. laws and regulations.

3. How much money do I need to invest in the U.S. to qualify for an EB-5 visa?

The minimum required investment for an EB-5 visa is $1 million. If the investment is made in a Targeted Employment Area (TEA), the amount required is reduced to $500,000.

4. What is the minimum amount of jobs created by my investment that must be documented?

The minimum amount of jobs created by your investment that must be documented is 10.

5. How long does it take for my EB-5 visa application to be approved?

The processing time for an EB-5 visa application varies depending on the circumstances and complexity of the case. Most applications take between 12 and 18 months to be approved, but some may take longer.

6. Are there different types of EB-5 visas?

Yes, there are four main types of EB-5 visas: direct investment, regional center investment, targeted employment area, and pilot program.

7. What is the difference between a regional center and a direct or individual investment EB-5 visa?

A regional center EB-5 visa is an investment option that allows foreign investors to become permanent U.S. residents by investing in a qualifying regional center-associated business project. With regional center EB-5 visas, investors are not required to be actively involved in the day-to-day running of the business. In contrast, a direct or individual investment EB-5 visa requires investors to establish and manage their own business enterprise within the U.S. This option requires the investor to be directly involved in the business operations and create at least 10 full-time jobs for U.S. workers.

8. What is the difference between an immigrant investor and a nonimmigrant investor?

An immigrant investor is a foreign national who is admitted to the United States on an immigrant visa, such as an EB-5 visa, which allows them to make an investment in an eligible business and receive permanent residency status. A nonimmigrant investor is a foreign national who is admitted to the United States on a nonimmigrant visa, such as a tourist visa or student visa. These nonimmigrant investors are not authorized to make investments or receive permanent residency status.

9. How can I find an approved regional center?

You can find an approved regional center on the U.S. Citizenship and Immigration Services (USCIS) website. The USCIS website provides a list of all approved regional centers, which are categorized by state.

10. Where do I find information about the specific requirements of each regional center?

Information on regional center requirements can be found on the U.S. Citizenship and Immigration Services (USCIS) website. Additionally, each regional center may have its own website that outlines their specific requirements and policies.

11. What types of businesses qualify for an EB-5 visa?

The EB-5 visa is available to foreign investors who invest in a new commercial enterprise, which can include investments in existing businesses that have been established within the past three years. Eligible businesses must create or preserve at least 10 full-time jobs for U.S. workers and must be engaged in lawful activity that generates more than 50% of its revenues from an ongoing active business. Examples of eligible businesses include: restaurants, grocery stores, hotels, manufacturing, real estate development, and regional centers.

12. What is the process for obtaining an EB-5 visa?

The process for obtaining an EB-5 visa involves the following steps:

1. Determine eligibility. In order to qualify for an EB-5 visa, applicants must meet certain criteria, such as holding a minimum of $900,000 in investable assets, creating at least 10 full-time jobs for U.S. workers within two years of the investment, and having a certain level of business experience or education.

2. File an I-526 Immigrant Petition by Alien Entrepreneur with U.S. Citizenship and Immigration Services (USCIS). This petition includes evidence of the applicant’s qualifications, as well as evidence of their investment and job creation plans.

3. USCIS reviews the petition and renders a decision. This decision can take up to 24 months and requires a $1,500 filing fee.

4. If approved, the applicant must then file an immigrant visa application with the U.S. Department of State and pay a fee of $1,225. Once approved, the applicant will receive an immigrant visa and can enter the United States as a permanent resident. After two years, they can apply for U.S. citizenship.

13. Are there any restrictions on where my investment can be located?

Your investment must be located in a designated targeted employment area (TEA). The TEA must meet certain requirements to be approved, such as having a high unemployment rate or being designated as a rural area. Additionally, your investment must meet certain criteria to qualify for the benefits of the EB-5 program. You should contact an experienced immigration lawyer to ensure that your investment meets all the necessary requirements.

14. How can I prove that my investment funds were obtained through lawful sources?

If you are concerned about proving your investment funds were obtained through lawful sources, you should keep records of all financial transactions related to the investment. You may also need to provide documents that demonstrate the source of the funds, such as a bank statement or official records of your income. Additionally, it may be helpful to have a certified accountant certify the legality of the funds.

15. What documents do I need to submit with my EB-5 visa application?

You must submit the following documents with your EB-5 visa application:

1. Form I-526, Immigrant Petition by Alien Entrepreneur;
2. Evidence of the qualifying investment;
3. Evidence of lawful source of funds;
4. Evidence of experience and/or education;
5. Proof of English language proficiency;
6. Documents certifying lawful admission or inspection into the United States;
7. Copies of all passports and identification documents; and
8. Police clearance certificates from all countries of residence since age 16.

16. How long is an EB-5 visa valid for and what type of renewal can I apply for?

An EB-5 visa is valid for two years. You can apply for an extension of stay with the U.S. Citizenship and Immigration Services (USCIS). This extension is valid for two years and can be renewed as long as you maintain your EB-5 visa status.

17. Can I bring family members with me on an EB-5 visa?

Yes, family members can come with you on an EB-5 visa. Your spouse and children under 21 years old may accompany you, and they would be eligible to receive green cards as well.

18. Is there a way to obtain permanent residence status through an EB-5 visa?

Yes. The EB-5 visa provides a pathway to permanent residence status in the United States for foreign investors who meet certain requirements. To qualify, investors must invest at least $500,000 in a targeted employment area, create at least 10 full-time jobs for U.S. workers, and demonstrate that the investment will benefit the U.S. economy. After meeting these requirements, investors are eligible to obtain a green card.

19. Are there any special requirements when applying for U.S.-based healthcare or education with an EB-5 visa?

Yes, there are special requirements when applying for U.S.-based healthcare or education with an EB-5 visa. In most cases, applicants must demonstrate that they have sufficient financial resources to cover all of their expenses. In some cases, they may be required to provide evidence of their healthcare or educational qualifications. Additionally, applicants should be aware of any restrictions on their eligibility to receive certain types of benefits or services due to their immigration status.

20. Are there any special tax considerations or requirements for an EB-5 visa holder?

Yes, there are special tax considerations and requirements for an EB-5 visa holder. For example, an EB-5 visa holder must file an annual U.S. tax return to report their worldwide income, regardless of their residency status. Additionally, EB-5 visa holders must pay taxes on any US-sourced income they earn, such as wages or interest. The EB-5 visa holder may also be eligible for certain deductions and credits on their US tax returns depending on their individual circumstances. Lastly, an EB-5 visa holder may also be subject to the Foreign Account Tax Compliance Act (FATCA), which requires them to report any foreign financial assets to the IRS.