Frequently Asked Questions about EB-5

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.

All unmarried children under the age of 21 qualify. Children’s ages are “frozen” as of the filing of the I-526. Children close to the age of 21 will not age out of eligibility.

Your conditional Green Card is valid for two years. Before the end of the two year period, you must submit an I-829 form to remove the conditions and receive a permanent Green Card.

None.

No.

Yes. However, you must be able to prove how you legally obtained the money. Inability to do so is the number one reason for I-526 applications being rejected.

No. However, if using debt, it must be fully secured by you. No part of your investment may be secured by the project in which you are investing.

No. However, the money must be fully committed when you apply.

The business must have existed for a minimum of two years. The business must have suffered a loss equal to 20% or more of its net worth during the last two years. The number of employees must, at minimum remain the same for two years post-investment.

There is no statutory limit on the number of investors. However, each investment must generate a minimum of 10 jobs within the first two years.

When you think you have enough, keep digging until you have more than you think is adequate. Leave no gaps or blanks that will raise questions impeding or ceasing the application process. There is an unwritten rule in American business that, “If it isn’t documented, it didn’t happen.”

No.

The filing date for documents is always the date that the documents are received by USCIS.

It stands for Employment-Based 5th Category, because it was the fifth of the employment-based visas to be established.

Yes. Both you and your dependents must undergo physical examination and provide past medical records for review.

Yes. However, you must leave and apply from outside the U.S.

Yes, as long as you continue to maintain permanent residence and do not commit crimes that disqualify you to live in the U.S.

You must be present in the USA at least one day during each six-month period. To be able to apply for USA Citizenship, you must remain in the U.S. for over 30 months during last 5-years period.

Yes, unless the reason for being turned down in the past are related to fraud or other similar crimes.

A legal permanent resident has most of the rights—and obligations—of American citizens. Permanent residents do not have the right to vote, hold public office and are ineligible for some public benefits. After five years as a legal permanent resident, you may apply to become a naturalized citizen of the United States.

It is possible, so long as any policy is not in the form of a guaranteed buy-back or a redemption agreement. The USCIS adjudicates these matters on a case-by-case basis.

No. The definition of “new commercial enterprise” does not include non-profit organizations. However, a “new commercial enterprise” may be established by pooling EB-5 investments. That enterprise may loan money to fund non-profit projects that fulfill the EB-5 job creation requirements.

Unique risks are associated with any investment. Everything else being equal, some might say that the burden of job creation (and, therefore, the risk) is greater for the direct investor because indirect investments may create indirect or induced jobs. Direct investors must create direct jobs.

There is no difference between the minimum amounts required for with direct or indirect investments. The minimum is $1 million, unless the project is within a Targeted Employment Area (TEA), where it is only $500,000. The location of each project is the only factor used to determine the minimum investment.

Permit us to answer with a question. Is it easier to build a house or buy a house? Indirect investments are put into projects that are already well-defined and approved. Each direct investment project is unique. Therefore, it takes more time, research and effort. This simply means that more expertise may be required to help prepare and process a direct investment.

No. He or she may have American partners.

The investment must cause a 40% increase in jobs or a 40% increase in capital.

There is no appeal process. If there were, it would be costly.