Q: When was the EB-5 program created?
A: The EB-5 visa program was created in 1990 under section 203(b)(5) of the Immigration and Naturalization Act by Congress to allow foreign nationals to have permanent residence in the USA.
Q: How many EB-5 applicants are allowed each year?
A: There is not a maximum number of applicants allowed each year, however there is a maximum of 10,000 EB-5 green card issued per year to foreign nationals of which 3,000 through Regional Centers.
Q: Who can get an EB-5 green card?
A: Any person who can invest the required minimum amount into the USA economy, demonstrate the invested funds were earned legally, and satisfy other general eligibility requirements. The investor's spouse and children under 21 years of age also qualify.
Q: What is the minimum investment required?
A: $1,000,000 USD or if the investment is made into a Regional Center or a Target Employment Area, the investment minimum is $500,000.
Q: What is a Regional Center?
A: Regional Centers are investment projects that focus on a specific geographic area or business plan in the USA. Regional Centers are established to promote economic growth, create new jobs and increase domestic investment. Regional Centers must be approved and designated by the USCIS.
Q: What are the benefits of investing in a Regional Center?
A: Investing in a Regional Center makes it (1) easier for an investor to participate in the EB-5 program, (2) satisfy the job requirement, (3) investor does not need to be directly involved in the business, (4) investor will be part of a group of investors, (5) investor can live and work anywhere in the USA as opposed to the location of the Regional Center.
Q: What are the financial risks of a Regional Center?
A: That is fails to meet its objections or business plan. All investments have risk so each investor should choose carefully the Regional Center that they are most comfortable with. Regional Centers do not offer any guarantees.
Q: How long is the Green Card issued for?
A: The investor and/or spouse and children under 21 receive a conditional Green Card for 2 years. Before the expiration of the 2 years the investor can apply to have the condition removed and receive a permanent Green Card given the investor continues to demonstrate certain investment criteria as established by US law.
Q: If I or any member of my family is in the USA do I need to return to my home country to receive my EB-5 Green Card?
A: No. In most cases the investor and/or spouse and children under 21 would not need to return to their home country as an adjustment of status can be filed while remaining in the USA.
Q: How long does the EB-5 process take?
A: In most cases the process is less than one year, however, there maybe certain cases that would take longer depending on each investors ability to demonstrate and satisfy requirements to USCIS.
Q: Where can I go to know more about the EB-5 program?
A: http://www.USCIS.gov
Q: Do I need a degree to apply?
A: No. There is currently no education requirements for the EB-5 program.
Q: Do I need to have business experience?
A: No. There is no requirement of business experience for the EB-5 program.
Q: Do I need to speak English?
A: No. There is no requirement to read and speak English for the EB-5 program, however, it is highly encouraged you learn.
Q: Do I need to prove I am in good health?
A: Yes. There is a physical test that must be met by the investor and/or spouse and children under 21.
Q: Do I need to earn the money I invest under the EB-5 program?
A: No. The money invested can be a gift or proceed as long as the investor can prove the money was earned legally and all taxes, if any, were paid.
Q: Are all countries national's able to apply?
A: No. Foreign nationals from some countries which do not have diplomatic relations, do not qualify for the EB-5 program, however, most do and are encouraged to apply. Determination resides under the USCIS rules as established by USA law.
Q: Are there any other requirements to apply under the EB-5 program?
A: Yes. There are many other requirements to meet, such as civil and criminal, in addition to others as set by USA law which can be obtained by an industry professional, USCIS, or accredited immigration lawyer.