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All you need to know about EB-5

What exactly is it?

EB-5 is an employment-based visa program that is administered by United State Citizenship and Immigration Services (“USCIS”). The EB-5 Program offers foreign nationals the opportunity to gain permanent U.S. residency (a “Green Card”) through capital investment. 

Regional Centers are permitted by the USCIS to administer foreign investment into US-based projects that stimulate local economies and create new jobs.

Invested funds are typically loaned to the US projects and returned to the investors in five to seven years.

Why get the Green Card via EB-5?

Investors (their spouses and minor children) immigrate to the United States and receive permanent resident status.

Investors are permitted to live and work anywhere in the United States.

Investors do not need the sponsorship from a family member or employer.

No qualification criteria (language proficiency, business experience, or education) is required.

Investors can freely travel in and out of the United States.

Investors and their qualified children qualify for in-state tuition after establishing residency.

Investors become permanent US residents and can apply for citizenship.

Foreign investors who obtain permanent residency through the EB-5 visa program have the option to apply for U.S. citizenship 90 days prior to the five-year anniversary of receipt of their conditional resident status.

What are the requirements needed to qualify for the
EB-5 program?

You need:

Minimum investment of $800,000
Minimum investment of $800,000
A full background check done with no violations of US immigration laws, criminal convictions, or history of financial fraud.
A full background check done with no violations of US immigration laws, criminal convictions, or history of financial fraud.
Documentation proving that the capital investment was earned legitimately.
Documentation proving that the capital investment was earned legitimately.

Plus, the investment must be fully invested in the American economy until the submission of the EB-5 investor’s I-829 petition to USCIS.

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The journey to getting your EB-5 Visa

Investor invests in a USCFID regional center project

Investor files I-526 with USCIS

If I-526 approved, USCIS sends file to National Visa Center (“NVC”)

EB-5 visa approved investor immigrates to the US

Consul interviews investor

NVC processes application sends to consul in applicant’s country

NVC processes application sends to consul in applicant’s country

Consul interviews investor

EB-5 visa approved investor immigrates to the US

Investor lives in US with conditional visa

Investor files I-829 with USCIS to remove visa conditions (2 years)

Investor may apply for US citizenship (5 years)

EB-5 Regional Centers

USCFID
NYC
(NY, NJ, CT & PA)

Keystone Great Lakes Regional Center
(IL, IN and WI)
Green Energy Regional Center LLC
(GERC)
(CA)
WestMill Mid Atlantic Regional Center LLC (WMARC)
(VA, MD and DC)

Frequently Asked Questions

Will this need a lot of my time and attention?

No. We’ll need to get all your details and information and after that, it’s all on us to pull it together.

Is there a minimum investment?

Yes. Minimum: $800,000

What are the acceptable sources of funds?

These are the main acceptable sources:

  • Salary and bonus compensation
  • Home equity line of credit on property in the US or other market
  • Profits from the sale of a business, house, securities, or other assets
  • Bank loan leveraging marketable securities (fixed-income equities, etc.)
  • Gifts from family, friends, and employers
  • Personal loan, as long as the loan has collateral and the investor has the obligation to repay

Do you guarantee job creation?

Yes!

Who is eligible to receive immigration benefits from the EB-5 investment?

The EB-5 investor’s spouse and unmarried children under the age of 21 are eligible to receive immigration benefits.

Note: THE CSPA protects children of EB-5 investors against long petition processing rights. The child’s age is ‘frozen’ at the time of application. This means that once the l-526 petition is approved, the time spent petitioning is subtracted from the child’s age.

Do I need to invest the full amount upfront?

The full investment amount is not required upfront. The EB-5 investor does need to demonstrate the availability of funds as well as a commitment to invest the full amount.

How are jobs created through EB-5 investment?

Jobs can be documented through either direct employment or indirect employment.

How long does the EB-5 process take?

These are processing time estimates as of October 2018:

I-526 Petition processing time: 20.5 to 26.5 months

I-485 Petition processing time: 10 to 24.5 months (variable depending on chosen field office or service center)

I-829 Petition processing time: 30 to 39 months

Residents from China, India, and Vietnam may have additional processing time after I-526 approval, before filing for adjustment of status, due to visa retrogression.

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