EB-5 Program Questions

This specialized immigration program was created by Congress in 1990 to stimulate the U.S. economy through job creation by immigrant investors. There are 10,000 EB-5 immigrant visas available annually, of which 3,000 EB-5 visas are set aside for foreign nationals who invest in Regional Centers designated by USCIS based on proposals for promoting economic growth.

An EB-5 regional center is an organization, public or private, in the United States that is involved with promoting economic growth. Regional centers are designated by USCIS for participation in the EB-5 Immigrant Investor Program. To view the list of approved regional centers, including ours, visit www.uscis.gov/eb-5centers.

For investments in areas other than “targeted employment areas,” the minimum amount of investment is $1 million. Investments in “targeted employment areas,” which include most regional center projects, can qualify with a minimum of $500,000.

​​​A targeted employment area is a rural area or a geographical area that has experienced unemployment at a rate of at least 150% of the national average rate. Individual states are authorized to designate geographical areas within the state that qualify as targeted employment areas.

Any person who can demonstrate the ability to: 1) deploy the required amount into the American economy, 2) document that the capital was legally earned, and 3) satisfy general eligibility requirements (e.g., medical, criminal) is qualified to apply for the EB-5 program. There are no language, business, or education requirements for applicants.

No. However, an applicant must be an “accredited investor” in order to invest in an EB-5 Regional Center offering due to U.S. federal securities laws.

An “accredited investor”, in the context of a natural person, includes anyone who (a) earned income that exceeded US$200,000 (or US$300,000 together with a spouse) in each of the prior two years, and reasonably expects the same for the current year, OR (b) has a net worth over US$1 million, either alone or together with a spouse (excluding the value of the person’s primary residence).

An “accredited investor”, in the context of a natural person, includes anyone who (a) earned income that exceeded US$200,000 (or US$300,000 together with a spouse) in each of the prior two years, and reasonably expects the same for the current year, OR (b) has a net worth over US$1 million, either alone or together with a spouse (excluding the value of the person’s primary residence).

Under USCIS regulations, the investor must demonstrate that his or her assets were gained in a lawful manner. This requires the investor to prove that his investment funds were obtained through lawful business, salary, investments, property sales, property loan, inheritance, gift, loan, or other lawful means.

Yes. It must be demonstrated that the gift is an actual transaction and is not an undocumented loan or that the gifted funds are expected to be given back after permanent resident status is granted.

Each EB-5 investor must create 10 direct or indirect permanent jobs for U.S. workers in order to obtain a “Green Card”.

Though not required, it is highly recommended that an EB-5 investor engage an immigration attorney with EB-5 experience to assist him/her in the process. It is also recommended that EB-5 investors inform themselves about other aspects relating to the EB-5 program and EB-5 investment (e.g. tax considerations) by consulting additional experts, such as tax and investment advisors.

All investments are subject to risk and Regional Center projects are not exceptions. Under the law, the Regional Center cannot guarantee profit or the return of an investor’s principal investment. The project has limited operating history and is subject to financing risk. There are no assurances that a member’s petition will be granted or that a member will be able to obtain an immigrant visa or unconditional lawful permanent resident status. Laws, regulations and interpretations of the EB-5 Program are subject to change at any time.

As with any investment, it is important to thoroughly research any offering that purports to be affiliated with EB-5. Some research steps that potential EB-5 investors can take include, but are not limited to,:

  • Perform due diligence on the project developer and regional center;
  • Validate any documents to ensure that they are actually associated with the regional center, EB-5 project and/or project developer;
  • Look for “at-risk” language in offering materials. USCIS requires EB-5 investments to be “at-risk”. The sponsor of an EB-5 project cannot provide a guarantee that eliminates this risk. There can also be no guarantee on temporary, conditional or permanent residence status in the United States;
  • Review the legitimacy of job creation calculations;
  • Conduct a visit to the EB-5 project site.

An EB-5 project with I-924 exemplar approval means that the EB-5 project has been pre-approved by USCIS. In other words, all of that project’s supporting documents (e.g. offering documents, business plan, and economic report) are given deference in the filling of associated I-526 petitions. Thus, it is believed that such I-526 petitions may be adjudicated faster since USCIS would not have to re-adjudicate the project documentation.

An EB-5 investor who is waiting for his or her I-526 petition to be adjudicated can be present in the United States only if s/he has a valid status. His/her presence in the United States will be governed by his/her current immigration status and not the presumed permanent residency that s/he may receive upon the I-526 approval. Filing an I-526 petition does not provide any immigration-related benefits or status until the petition is approved.

If you are already in the United States, you can apply for permanent resident status without having to return to your home country to complete processing. This process is called “Adjustment of Status.” If you are outside of the United States, you may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as “Consular Processing.”

Consular interviews can be done in a country other than birth country of the primary applicant. Family members, including the primary applicant, who are already in the United States can apply for permanent resident status without having to leave the United States. An example of this would be a child who is on F1 status and who is already in the United States when the primary applicant receives I-526 petition approval.

Conditional permanent residence is valid for a 2-year period and is the type of permanent residency that an EB-5 investor will first receive following an approval of their adjustment of status application or after consular processing. The application to remove conditions on permanent residency, Form I-829, is filed during the 90-day period immediately before the second anniversary of the EB-5 investor’s admission to the United States as a conditional permanent resident. If USCIS approves the I-829 petition, the conditions will be removed from the lawful permanent resident status of the EB-5 investor and any included derivatives, thereby granting them permanent residency status.

The green card holder is free to travel in and out of the United States subject to the rules generally applicable to permanent residents. Specifically, he or she must maintain a residence in the United States and must not be outside the United States for a continuous period of one year or more, unless he or she has obtained a reentry permit.

The primary applicant who makes the investment as well as their spouse and any unmarried children under the age of 21.

The applicant must prove that the investment has been sustained – not withdrawn – and that the requisite jobs have been created as a result of the investment.

The investor, spouse and any unmarried children under the age of 21 (including adopted children) are eligible to apply for a green card through the EB-5 Visa Program.

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EB-5 is a United States immigrant investor program that offers citizens of other countries the opportunity to seek permanent U.S. residency through job creation in the U.S.

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