Frequently Asked Questions about the EB-5 program

Section I.General Information about the EB-5 visa
Section II. Eligibility requirements for an EB-5 visa
Section III. Obtaining an EB-5 visa through a CIS-designated Regional Center

I. General Information about the EB-5 visa

When and for whom was the EB-5 visa program created?
The EB-5 visa program was founded in 1990 under section 203(b)(5) of the Immigration and Nationality Act (INA). The program was created by the U.S. Citizenship and Investment Services (USCIS) for qualified non-US citizens seeking permanent resident status on the basis of their investments in the American economy.

How many EB-5 visas may be issued per year?
There are 10,000 EB-5 visas available to qualified aliens each year. 5,000 of these visas are designated for aliens who invest through a program at a USCIS-designated Regional Center.

How does the EB-5 visa differ from an L-1 visa (manager transfer)?
With an EB-5 visa, you obtain a green card for permanent residence in the United States. After 5 years, the investors and their family may obtain US citizenship, subject to meeting all immigration requirements. Other visas, such as the L-1, may never result in permanent residence, have time limits, have to be renewed, and require additional filings with the USCIS or Department of State.

Who may obtain an EB-5 visa?
Any person who can demonstrate the ability to invest the required amount into the American economy, can document that the capital was legally earned, and satisfies general eligibility requirements (e.g., medical, criminal) is qualified to apply. The investor's spouse and any minor children (under 21) also qualify. The age of the minor children is "frozen" at the time of the application so, for example, a 20-year old dependent is not in danger of "aging out" during the process.

What is the minimum investment required?
An investment of at least $1,000,000 is required for an EB-5 visa. If the investment is made through a USCIS-designated Regional Center, the minimum requirement is $500,000.

Will my investment in a Regional Center be returned if my application is denied by the U.S. Citizenship and Immigration Services (USCIS)?
Yes. Most of the Regional Centers use specially created escrow accounts in which your investment is frozen until your application is approved by the USCIS. In the event that your application is denied, your investment will be returned to you in full minus administrative expenses.

For how long is the "green card" valid?
The investor and dependents receive a conditional, 2-year green card. Before the expiration of the two year period, a petition is submitted to the USCIS confirming that the investment has been made and that ten jobs have been created as a result of the investment.

If I or a member of my family is already in the U.S. on another visa, is it necessary to return to my home country in order to obtain an EB-5 visa or permanent residence?
No. In order to obtain permanent residence in the U.S. under the EB-5 program, you do not need to return to the country of your citizenship. You and the members of your family may apply to adjust status while in the United States.

How long does the application process take?
In general, the process takes less than one year. Petitions are reviewed quickly, usually within three months. After the petition is approved, it is forwarded to the overseas consulate or local USCIS for further processing and final visa issuance/permanent residency approval.

Where can I find more information about the EB-5 visa program?
Further information regarding the application process, requirements, and benefits of the EB-5 visa program can be found on the website of the U.S. Citizenship and Immigration Services (www.uscis.gov).

II. Eligibility Requirements for an EB-5 visa

Is it required that I have a degree of higher education?
No. There are no education requirements for EB-5 visa applicants.

Must I have previous business experience?
No, it is not required that an applicant have previous business experience.

What if I do not speak English?
It is not required that an applicant speak English.

Is it required to show that I am in good health?
Yes. You must prove that you and any accompanying family members are in good physical and mental health, and do not have any diseases or disorders that may present a threat to society.

Do I need to have earned the money for the investment myself?
No. For example, the money can be a gift. The only requirement would be to show that the gifted money was legally earned, and that taxes (if applicable) were paid on the gift. Another example would be using the proceeds of the sale of real estate to fund the investment.

May I apply for an EB-5 visa if I have previously been denied a visa to the U.S.?
If you have been previously denied a visa to the U.S., you may still apply for an EB-5 visa. Please contact us for legal assistance with your visa application.

Can qualified individuals from any country apply or are there restrictions based on citizenship?
With the exception of individuals from countries with which the U.S. does not hold diplomatic relations, citizens of any country may apply for permanent residence in the U.S. through EB-5 investment program. As long as the applicant is able to leave his home country and has sufficient investment capital, a qualified immigration lawyer can assist the applicant with the process of obtaining an EB-5 visa.

What is the most common reason for rejection of an EB-5 visa application?
In most cases when an EB-5 visa application is rejected, the applicant failed to demonstrate that he/she had legally earned his investment capital.

What other requirements are there in order to obtain an EB-5 visa?
To obtain an EB-5 visa, as with any other visa to the U.S., the applicant and any accompanying family members must meet all requirements (e.g., criminal, medical) stipulated by the immigration laws of the United States.

III. Obtaining an EB-5 visa through a USCIS-designated "Regional Center"

What are Regional Centers?
Regional Centers are entities, organizations, or agencies that focus on a specific geographic area within the United States in order to promote economic growth within that area. The regions selected are rural, cannot have a population greater than 20,000, or have an unemployment rate that is at least 1.5 times higher than the national average. Regional Centers work to increase export sales, improve regional productivity, create new jobs, and increase domestic capital investment. Regional Centers are designated by the U.S. Citizenship and Immigration Services.

What are the benefits of investing in Regional Center projects?

Investing in an approved project satisfies all the requirements for the EB-5 visa program. The investor does not have to worry about presenting a business plan for approval from the U.S. Citizenship and Immigration Services.
It is easier to satisfy the job creation requirements in a Regional Center, which is important to ensure that the condition is removed after the two-year period. Regional Centers are permitted to count both jobs that were created as a direct result of the investment (e.g., construction job), and as an indirect result (e.g., suppliers of materials for the construction job).
The investor is not required to take an everyday role in the management of his investment.
The minimum investment for Regional Centers ($500,000) is half of the required capital for most investments for an EB-5 visa. ($1,000,000)
The investor has the opportunity to work together with other investors on a project.
The investor may live and work anywhere in the United States; he or she is not obliged to live in the area where the investment is.

What are the financial risks involved with the Regional Center investment projects?
All investments are risky by nature and the Regional Center projects are not exceptions. Under the law, the Regional Center cannot guarantee profit or the return of the principal investment.

How can I get involved with the Regional Center investment program?
Because we work with several Regional Centers, we are able to provide a menu of options for investors. We are lawyers and thus do not seek to "promote" one Center over another. We know the advantages and disadvantages of each of the Regional Centers, provide objective information, and recommend that investors visit the U.S. and meet with the managers of the Centers before making a decision. Because of the increasing popularity of the Centers, particular projects may sell out quickly, with new ones offered on a monthly basis.

Please contact us if you have questions about the projects or need legal assistance with the application process for an EB-5 visa.