EB-5 Investor Visa Program FAQ

What is the EB-5 immigrant investor visa program?
Established in 1990, the EB-5 Program allows foreign investors to earn U.S. green cards by investing $900,000 in a Targeted Employment Area (TEA) or $1,800,000 elsewhere. Investments must create at least ten full-time jobs for U.S. workers, either directly or through a Regional Center. Successful investors and their immediate families can obtain permanent residency in the U.S.
The average time taken to adjudicate the I-526 application is about 24 months. (However, of late, we have seen that in some Regional Centre projects, approvals have been coming in as early as 8 months). After that, a visa must be available for you before you can apply for a green card. In some categories, visas are always available, while in others, there is a limited number. Priority dates are given to immigrants waiting in line to get an immigrant visa and determine when a visa becomes available.
In the case of the Regional Centres, the investors’ money is pooled together in an investment vehicle and invested in a development project (which has the potential to create a large number of jobs) either as a loan or equity. The most common form of investment is where the Investment vehicle gives the money as loan to the project development company backed by loan agreement specifying all the terms and conditions, including securities/guarantee, etc.

Yes, the green card application covers investors, his/her spouse, and children under the age of 21.

Dependent children will have their own conditional green card and can work, study and live in the U.S. if the principal investor returns to their home country.

Yes, Repayment usually takes 5-7 years of the investor’s initial application

Yes, as long as applicable gift taxes are applied and paid. Gifts must be able to be traced to their lawful origin.

Permanent residency (Green Card) enjoys all the rights of US citizenship except the right to vote and benefits in a US passport. For example, Visa-free travel to certain countries. US citizenship means you are a US passport holder. One can apply for US citizenship after getting the Green Card.

You will become eligible for US Citizenship/Passport five years after obtaining the initial green card.

You will become eligible for US Citizenship/Passport five years after obtaining the initial green card.

Green Card applications are most commonly rejected due to the applicant’s failure to demonstrate that investment funds were lawfully obtained.

No, but basic English is advisable to understand the program and documentation.

There are no requirements with respect to prior business experience or education.

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