1. What is an EB-5 Regional Center and what are its benefits?
An EB-5 Regional Center is an organization that has been approved by the U.S. Citizenship and Immigration Services (USCIS) to facilitate investments from foreign nationals looking to apply for permanent residency in the United States through the EB-5 Immigrant Investor Program. Regional Centers provide a range of benefits to foreign investors including access to qualified legal counsel, local market expertise, project evaluation and business plan preparation services, and investor mentorship. Additionally, Regional Centers may offer more flexible investment requirements and allow investors to pool their funds with other investors to meet the minimum capital investment requirements for the program.
2. What is the difference between an EB-5 Regional Center and a Direct Investment?
An EB-5 Regional Center is an organization that is approved by the United States Citizenship and Immigration Services (USCIS) and is designed to promote economic growth through foreign investment. The Regional Center typically takes investments from foreign investors and then pools them together to make investments in various business opportunities that are predetermined by the Regional Center. In a Direct Investment, the foreign investor puts their money directly into a business venture of their own choosing and is directly involved in the day-to-day management of the business.
3. What is the minimum investment amount to qualify for an EB-5 visa?
The minimum investment amount to qualify for an EB-5 visa is $900,000. However, if the investment is made in a Targeted Employment Area (TEA), then the minimum investment amount is $1.8 million.
4. What are the roles of the USCIS and the Department of Homeland Security in the EB-5 process?
The United States Citizenship and Immigration Services (USCIS) is responsible for adjudicating petitions for the EB-5 Immigrant Investor Program. This includes conducting background checks, adjudicating applications, and granting visas to approved applicants.
The Department of Homeland Security (DHS) provides oversight of the EB-5 program and is responsible for issuing regulations and guidance related to it. DHS also works with USCIS to ensure that the EB-5 program is compliant with existing immigration laws and regulations. Additionally, DHS is responsible for monitoring and auditing participants in the EB-5 program to ensure that they are in compliance with applicable laws and regulations.
5. What are the job creation requirements for an EB-5 Regional Center and Direct Investment?
For an EB-5 Regional Center, the requirement is that the business must create at least 10 full-time positions for qualifying U.S. workers within two years (or under certain circ*mstances, a reasonable time after the two-year period).
For a Direct Investment, the job creation requirement is that the business must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circ*mstances, a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
6. What types of businesses qualify for EB-5 investment?
The EB-5 investment program is open to any type of business, including sole proprietorships, partnerships, corporations, joint ventures, and regional centers. The business must operate in the United States and create at least 10 full-time jobs for US workers. The business must also meet certain investment thresholds, depending on the type of business and the region in which it is located.
7. How long does it take to receive an EB-5 Visa?
The processing time for an EB-5 visa application varies depending on the backlog of applications and the specific country the applicant is from. Generally, the processing time ranges from 6-18 months.
8. How do you identify a qualified and experienced immigration lawyer to handle an EB-5 application?
When looking for an experienced and qualified immigration lawyer to handle an EB-5 application, it is important to consider the following factors:
1. Education and Accreditation: Make sure that the lawyer is properly accredited and educated in immigration law. Check their credentials to ensure they are certified by the American Immigration Lawyers Association (AILA) and have adequate experience dealing with EB-5 applications.
2. Reputation and Recommendations: Research the lawyer’s reputation in the industry as well as online reviews from their past clients. If possible, ask for recommendations from people who have worked with them before.
3. Fees and Payment: Get a clear understanding of what fees you will be expected to pay and when you will need to pay them. Ask about any additional fees or charges that may apply, such as filing fees or processing fees.
4. Communication: Ensure that any communication and documentation exchanged between yourself and the lawyer is kept secure and confidential at all times. Also, make sure that the lawyer is easily accessible and available to answer any questions or concerns you may have.
9. Are there any restrictions on where funds invested in the U.S. under the EB-5 program can be sourced from?
Yes, the funds must be sourced from a lawful activity. The source of the funds must be clearly documented and traceable. If the investor does not have enough funds to invest in the U.S., their family members can also invest as long as they have documented proof that the funds come from a legal source. The funds cannot come from criminal activity or unlawful sources.
10. What is the difference between an immigrant investor visa and a nonimmigrant investor visa?
An immigrant investor visa is a type of visa that allows a foreign national to become a permanent resident in a country if they make an investment in the country’s economy. A nonimmigrant investor visa is a temporary visa that allows a foreign national to live and work in the country for a limited amount of time. The purpose of this type of visa is usually to conduct business activities, such as setting up or managing a business, for a certain period of time.
11. Are there any additional requirements or qualifications for investors in order to obtain an EB-5 visa?
Yes, in addition to the minimum financial requirements to qualify for an EB-5 visa, investors are also required to demonstrate that their investment capital is obtained from a legitimate source and that they are attempting to create or preserve at least 10 full-time jobs in the United States. Additionally, investors must be able to demonstrate sufficient English language proficiency, business acumen, and knowledge of the industry in which they are investing.
12. Are there any limitiations on how long a foreign investor can stay in the U.S. with an EB-5 visa?
Yes. The maximum amount of time a foreign investor can stay in the U.S. with an EB-5 visa is five years, after which they must apply for an extension or apply for a different visa. If the investor has invested the required amount of capital and created 10 full-time jobs within two years of their EB-5 visa approval, they may apply for permanent residency (green card).
13. Is it possible to adjust status from an EB-5 visa to a green card without leaving the U.S.?
Yes, it is possible to adjust status from an EB-5 visa to a green card without leaving the U.S. This can be done by filing form I-485, Application to Register Permanent Residence or Adjust Status with the USCIS.
14. How often must an EB-5 investor visit the U.S.?
An EB-5 investor does not have to visit the United States at all during the process. The investor can file their application and any other required documents from outside of the country and can remain in their home country until their permanent residency is approved.
15. Are there any fees associated with applying for or obtaining an EB-5 visa?
Yes. The filing fee for the I-526 petition is currently $1745 and the filing fee for the I-485 application is currently $1,140. Additionally, the USCIS requires a filing fee of $1,500 for the I-829 petition. Other fees include those associated with medical exams, visa applications, and other administrative fees.
16. Is the investor’s family eligible to receive green cards through the same application process as the investor?
No, the investor’s family is not eligible to receive green cards through the same application process as the investor. An investor’s family can apply for green cards through family-based immigration or through employment-based immigration.
17. Are there any restrictions on how business profits generated by investments made under the EB-5 program can be spent?
Yes, there are restrictions on how business profits generated by investments made under the EB-5 program can be spent. The profits must be used for the furtherance of the EB-5 business enterprise and the U.S. job creation requirements of the EB-5 program. Additionally, all funds must be used in accordance with applicable laws and regulations.
18. Where can I find more information about investing through a Regional Center or Direct Investment program?
You can find more information about investing through a Regional Center or Direct Investment program on the U.S. Citizenship and Immigration Services website (https://www.uscis.gov/eb-5). Additionally, the U.S. Securities and Exchange Commission offers a wealth of information on their website (https://www.sec.gov/investment/eb-5-immigrant-investment).
19. Who is eligible to invest directly into a new commercial enterprise in exchange for permanent residency in the United States?
The United States immigration program EB-5 allows foreign investors to obtain permanent residency by investing $900,000 in a new commercial enterprise. To be eligible, the investor must demonstrate that the investment is being made in a “targeted employment area” or can show that the investment will create at least ten jobs for U.S. citizens or permanent residents.
20. What documents are required to file an I-526 petition with USCIS under the EB-5 program?
The documents required to file an I-526 petition with USCIS under the EB-5 program are:
1. Form I-526, Immigrant Petition by Alien Entrepreneur.
2. Evidence that the petitioner qualifies as an investor, including evidence of the source of funds invested in the new commercial enterprise (NCE) and evidence demonstrating that the petitioner has invested or is actively in the process of investing the required amount of capital.
3. Evidence that the NCE was established after November 29,1990, if applicable.
4. Evidence that the petitioner’s investment in the NCE created or will create at least ten full-time jobs for qualified United States workers, including a comprehensive business plan demonstrating that the jobs have been or will be created within two years of the alien’s admission to the United States as a conditional permanent resident.
5. Evidence of the petitioner’s lawful source of income or assets.
6. Civil documents (birth certificates, marriage certificates, divorce decrees, etc.) for the petitioner and all family members included in the petition.
7. Passport-style photographs of the petitioner and all family members included in the petition.
8. Evidence of an approved regional center if using the “Regional Center Pilot Program” option for job creation.
