FAQ’s
Frequently Asked Questions
About the EB-5 Program and Regional Centers
- What types of funds can be used for the investment? What documents do I need to provide?
Funds such as yearly income, inheritance money, capital loaned to you by a bank/friends/relatives, profit from real estate sale, etc. can be used to satisfy the investment requirements. You must be able to provide documentation to prove the legitimacy of the funds. These documents include, but are not limited to banking statements, borrowing and loan agreements, will and testaments, sale of real estate contracts, income tax forms, personal and business tax returns, pay stubs, documentation proving income from stocks
- What if there is no Regional Center in the area in which I want to invest?
Regional Centers are spread all over the United States. You do not need to reside in any particular area to invest within a Regional Center, for example, someone living in Texas can invest in New York. You also have an option of going for a stand-alone EB-5 program
- How can I be sure that my investment will be safe in case of unforeseen situations?
All funds used for an EB5 program must be at risk to be eligible. Be distrustful of anyone trying to sell you a project with a guarantee. It is important to remember that the figures make financial sense within the project.
When making the initial investment prior to the approval of the I-526, your investment is protected when you invest with a Regional Center. This is because your capital is kept in an escrow account and is not released up until the approval of your Form I-526. In case of denial, you receive the total capital of $500,000 back. Some Regional Centers may give you a partial refund of your administrative costs as well.
- Will I actually receive any Interest? Are there hidden costs?
Interest rates vary with each Regional Center. The returns are not very attractive, but you have to remember that you are investing in your future in the USA (green card, to be exact). There may be hidden costs taken out of the interest payments. Make sure you know if there are any such costs and note when you will be receiving the payments.
- What are the Regional Centers fees?
The administrative fees vary from Regional Center to Regional Center generally in the range of $30,000 to $50,000.
- Which documents will I need to apply for the EB-5 visa?
The Regional Center will provide you with a list of the required paperwork. Normally, it includes the copies of your passport, birth and marriage certificates of each family member, evidence of the legal source of funds, police certificates, and education and employment information.
- Can I bring my family members with me?
You can bring your immediate family members with you (a spouse and any unmarried children under 21) who will enjoy the freedom of living, studying, working, or retiring in the U.S.
- How can I be sure of the success of a project I invest in?
There are many different types of commercial projects offered. Factors such as a strong business plan, the experience of the commercial enterprise promoters, the professionalism of the Regional Center’s legal team, favorable geographic location of the project, and compliance with the governmental requirements by the Regional Center are essential for the fruitful fulfillment of the project.
- How long will my whole immigration process take?
The average process takes about 8-10 months to obtain your initial conditional green card. You get your permanent green card after two years from the date of landing in the United States as a temporary permanent resident.
- Are there any requirements?
Unlike other immigration pathways, EB-5 program eliminates all the prerequisites, such as minimal education level, proof of employment, proving family relations with American citizens/green card holders, etc. The only condition that you have to fulfill is investing the minimum of $500,000 into American economy and creating/providing at least 10 full-time jobs.
- What makes EB-5 different from other employment-based visas?
Other employment based visas require you to have an employer to sponsor your visa or offers from prospective employers. In most employment based categories you may also be required to possess a certain education background or specific expertise and experience. On the other hand the EB-5 visa eliminates all these requirements. Once you invest the money from proven sources and your investment creates 10 full-time jobs for the American workers, no other requirements are left to be met. While most EB categories take 3-8 years to obtain your permanent residency, with the EB-5 route, you receive your green card in 6-8 months.
- What if I want to manage my own business?
Investing in a Regional Center Project does not deprive you of the right to start and manage your own business in the US. Even though you become a General Partner for the limited liability company, you do not have to be involved in the overseeing or being actively involved in its operation. You therefore have all the opportunities to run your own business without any restrictions.
- Are any countries excluded from the EB-5 program?
The list of the excluded countries is very limited (e.g. North Korea). Even if you are coming from a country on the list, you can still qualify for the EB-5 visa with your attorney’s professional help.
- Can I apply if I am currently out-of-status?
Out-of-status foreign nationals living the United States do not qualify for the EB-5 program, unless they are able to extend their period of stay (Form I-94), or if they have proof that they have pending immigration petitions with USCIS. Please consult your immigration attorney.