EB-5 Visa Project: Common Questions Answered by Experts

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An individual must invest $1.05 million in ordinary regions or $800,000 in US Special Economic Zones to qualify for the EB-5 Investor Visa Program. To be eligible for this petition, you must invest in a New Commercial Enterprise in the United States, either directly or indirectly. As a result, it is also critical to pick the correct Opportunity, as the investment required by the Investor Visa program is substantial, and investors must be aware of all aspects of the procedure. If an investor wants to be successful, they must select the correct project for investment.

EB-5 Visa Project

Regional centers are the most common sponsors of EB5 visa project. EB-5 visa candidates can construct their own New Commercial Enterprises; however, over 95% of all EB-5 visa applicants invest through a Regional Center. EB-5 investments must be made in a project that is considered a new commercial business and will result in the creation of ten full-time jobs for Americans.

Lawful and “for profit” businesses established on or after November 29, 1990, are considered new commercial enterprises. Older businesses may be eligible if the EB-5 investment results in a significant restructuring of the company or a 40% increase in the number of employees or net worth of an existing company. The businesses might be set up as a sole proprietorship, a limited or general partnership, a corporation, a business trust, or any other publicly or privately owned business structure. Mixed-use facilities, hotels, sports complexes, food and beverage, agricultural developments, wineries and farms, electric vehicles, manufacturing, biotech and medical technology, entertainment venues, convention centers, office buildings, and so on are examples of EB-5 investments.

Questions and Answers

What is the EB-5 Green Card application procedure like?

The EB-5 application procedure is as follows: 1) Choose an EB-5 project that meets the requirements. 2) Submit an investor petition (Form I-526). 3) Apply for conditional permanent residency (a Green Card) for two years by filing a Form I-485 if you are already in the United States or a Form DS-260 if you are outside the United States. 4) File Form I-829 to remove the conditions on permanent residency.

How much does the entire EB-5 application procedure cost?

$900,000 is the EB-5 investment minimum (Targeted Employment Area). Investors must additionally pay a $65,000 to $80,000 administrative charge, as well as EB-5 lawyer fees ranging from $15,000 to $25,000 and a $3,675 USCIS filing fee.

What are the possibilities that I’ll be successful?

I-526 application approval rates were 92 per cent, 90 per cent, 78 per cent, and 75 per cent for fiscal years 2018 through 2020. Be warned that these figures are averages and do not include investors who did not complete due diligence and/or were defrauded. As a result, you could anticipate having substantially better than average prospects of EB-5 success if you rely on proper third-party due diligence.

Is it true that the bulk of EB-5 investments are worth $900,000?

Most of them are now, thanks to the new regulations. Note that a $900,000 investment must be made in a high-unemployment area (150 per cent of the national average) or a rural area for an investor to make a $900,000 investment.

Is it possible to apply for EB-5 while on an H-1B visa?

Yes, this is a viable option and one that many investors prefer.

Is it possible that my $900,000 investment came from a gift?

Yes, this is permitted. Note that the gift’s details (source, timeframe, and original source of gift funds) must be disclosed in your I-526 petition’s source of funds evidence.

Is it possible for my parents to be derivatives on my EB-5 petition?

Parents, however, cannot be derivatives. Only your spouse and unmarried children under the age of 21 are eligible to be derivatives.