FAQs about EB-5 Issues
Often times immigration issues can be very confusing. We hope that these questions and answers help address your issues.
1. What is the process to obtain lawful permanent residency through investment? Obtaining Lawful Permanent Resident status is a three-part process
- Filing of an I-526 petition, in which you, as the investor,
must show:
- that you have the required funds;
- that the funds were obtained from a lawful source;
- that the funds have been (or are in the process of being) invested; and
- that the investment meets USCIS requirements.
- Once the I-526 is approved, you are eligible to apply for an immigrant visa at your nearest U.S. consulate (if you are outside of the U.S.) or for adjustment of status (if you are already in the U.S.). If approved, you are given conditional lawful permanent residency for two years.
- Ninety (90) days before the end of the two-year period of conditional residency, you must file Form I-829, to remove the conditional status by demonstrating that the required jobs have been created by your investment. If your I-829 application is approved, you are granted unconditional lawful permanent resident status, and are eligible to apply for U.S. citizenship five years after the initial grant of conditional permanent residence.
2. What if I am already in the U.S. on another visa status?
You may file an I-526 petition whether you live abroad or are already in the U.S. The process for the I-526 petition remains the same. However, if you are already in the U.S., after the I-526 is approved, you may then file an I-485 Application for Adjustment of Status to Permanent Resident, as opposed to filing for an immigrant visa (green card) with your local U.S. consulate. Of course, if you are not yet in the U.S., you must file for an immigrant visa with your local U.S. consulate. We can advise you more specifically on the process in a direct consultation.
3. If I get a green card, do I have to live in the U.S.?
Yes, an applicant for conditional or permanent residence to the U.S. must intend to immigrate to the U.S. and maintain as his or her residence a home in the United States.
4. Can I travel?
A conditional or permanent resident is entitled to travel freely for less than 6 months at a time outside of the United States. If a such an individual needs to be outside of the U.S. for more than six months, he/she may apply (up to three times) for a re-entry permit, that is, generally speaking, good for 2 years. This re-entry permit prevents the Department of Homeland Security from cancelling permit holder's permanent residence based solely on a determination that the permit holder has been absent from the United States for an extended period of time. Time spent outside of U.S., however, is counted against the 30 month physical presence requirement for citizenship.
5. Can I bring my family and do they get permanent residency (a green card) if I invest in the U.S.?
A qualifying immigrant investor is eligible to sponsor his/her immediate family, which includes a spouse and all children under the age of 21 years. All members of the immediate family are granted conditional permanent residency upon approval of the I-526 and adjustment of status or immigrant visa applications, if processing abroad, and all are eligible to apply to remove the conditions after two years.
6. Can I sponsor my 21 year old or over child?
While a child who is 21 years old, or more, cannot apply for residency under the parent's immigrant investment application, a parent may gift that child the required investment funds in order for the child to apply individually as an immigrant investor.
7. What are the fees associated with applying for an investment visa?
There are filing/application fees, legal fees and investment management fees if an immigrant invests in a regional center. The current filing/application fees are:
- I-526 Application: $1435
- I-485 Adjustment of Status $1010 (includes biometrics) per individual (if already in the US): ($930 for applicants under 14 years of age)
- Visa Application fees: $380 + $70 fingerprinting/biometrics per individual (if outside the U.S.)
- I-829 Application to remove conditional status after 2 years: $2930 for primary applicant only + $80 biometric fee for each dependant
- Legal fees are generally based on family size.
8. What is the history of the EB-5 visa category?
The EB-5 visa category started in 1991. Regional Centers started in 1993. During the mid 1990's, several companies competed for investment capital from foreign investors for the EB-5 program. Most of the companies didn't offer sound investments or investment opportunities, didn't raise the full $500,000 investment capital or hire the required number of employees. USCIS placed the Regional Center program on hold between 1999 and 2002 to stop abuses within the program. In 2002, Congress passed a new law to protect the pre-1999 investors. Also, in 2002, in a case commonly known as "Chang," the 9th Circuit Court of Appeals ruled that USCIS may not apply its new rules retroactively. In August of 2003, USCIS began approving Regional Center petitions for the first time since 1998.
In January 2005, to improve and expedite EB-5 regional center-related Petitions, USCIS established an Investor and Regional Center Unit, IRCU, the unit being the sole adjudicative body for Regional Center petitions filed pursuant to the Immigrant Investor Pilot Program for purposes of approval, denial and Requests for Evidence (RFE's). Thanks to the IRCU and improved review and adjudication of I-526 petitions, EB-5 immigrant petitions based on sound investments with designated Regional Centers have a very high likelihood of approval, provided the source of investment is sound.
9. Is EB-5 a truly passive investment?
The EB-5 regulations require involvement in management or policy making. The regulations deem a limited partner to be sufficientlyl engaged in management or policy making if he or she has invested in a limited partnership, which is properly structured and that conforms to the Uniform Limited Partnership Act.
10. Where can I find a copy of the relevant EB-5 law and regulations to review? Please go to the U.S. Citizenship and Immigrations Services USCIS web site:
11. I want to invest in the USA and get a green card, is the EB5 visa suitable for me?
The EB-5 visa program is suitable for most people: professionals, business people, persons wanting to facilitate their children's education and attend U.S. colleges and universities, persons just seeking a new or better life in the United States, and persons wanting to retire in the United States. The EB-5 visa permits employment in the U.S. for the investor and his/her family. The EB-5 visa gives you the opportunity and flexibility to do what you want in the USA. If you don't want to actively manage your business, you should consider a Regional Center EB-5 investment.
12. Will my children be able to remain in school in the United States if I leave the United States?
Yes, they can.
13. What can disqualify us from participating?
There are very few disqualifying or exclusionary events under the law. A criminal record involving one or more convictions for crimes of moral turpitude is usually disqualifying, though there are exceptions. A few major medical problems, including some communicable diseases, might also exclude an applicant, but this ground of disqualification can often be avoided if the applicant can prove that he/she will have adequate medical insurance or will be supported by others and therefore avoid having to seek government medical assistance. Applicants should seek advice of their legal counsel to determine which waivers might be available to overcome grounds for disqualification.
14. What is a Designated Regional Center?
"Regional Center:"
- Is an entity, organization or agency that has been approved as such by USCIS; The pilot program for the government-designated Regional Centers was approved by Congress under Section 610(c) of the Appropriations Act of 1993.
- Focuses on a specific geographic area within the United States;
- Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.
- Facilitates the pooling of capital of multiple EB-5 investors
- Permits investors to take credit for jobs created directly as well as indirectly from their investment in the Regional Center. Indirect job creation may be demonstrated using any reasonable approved methodology.
- Congress gave the USCIS discretion to give priority to EB-5 applications filed in conjunction with a Regional Center. Regional Centers may offer many types of investments but they must that meet the requirements for the Regional Center Pilot Program. Business enterprises must be located in geographic areas of the Regional Centers.
15. How does an investor apply for the EB-5 visa through a Regional Center program?
An investor must apply to USCIS for EB-5 visa qualification through the submission of a number of required elements including: immigration forms, personal financial information, business plans, legal brief on qualifications under the proposed application, a copy of the Regional Center approval letter, and other supporting evidence. Also, funds must typically be placed in escrow prior to submitting an application.
16. What information and documentation are required?
Professional Background: You must prepare complete biographical information for each applicant and the principal applicant must prove the source of the investment funds. A resume with copies of college diplomas and other educational certificates, if applicable, should be included. Business licenses, brochures about the business and other information about the applicant's business are also beneficial. Any memberships in professional organizations should be documented. Unless the investor inherited the funds, the investor should be presented as a successful professional or businessperson with a business, financial or family history that explains the accumulation of financial net worth that is presented in the financial information. Provide as much documentation as possible that pertains to the career and achievements of the investor. Source of Funds: Funds for the investment must come from a lawful source. Lawful sources of funds include: profits from the sale of property, stocks or bonds, profits from business, business transactions, gifts, and inheritances. To prove the source of investment funds, the investor should submit five years of tax returns, five years of bank records, proof of ownership in any businesses, financial statements for each business and business licenses. The idea is present a track record of an honest course of dealing. If your capital came from a specific transaction, such as sale of a house, inheritance or gift, you must prove the transaction occurred, by providing an official document, such as a closing statement or contract or other official documents. This is not an exhaustive list. Other documents may be required on a case-by-case basis.
Important: All foreign language documents included in the application must be translated into English, with the English translation certified by the translator. The investor must sign the English version of all agreements, government forms, and applications.
