Q&A

What is the EB-5 Visa?

The EB-5 visa provides legal permanent residence (Green Card) for foreign investors who make the required investment of $800,000 or $1,050,000 in a U.S. commercial enterprise that creates at least 10 full-time jobs for U.S. workers.

How much investment is required for an EB-5 Petition?

The minimum is currently $800,000 USD for investments projects in a Targeted Employment Area (TEA) or infrastructure project, and $1,050,000 for all other areas. TEA projects include High Unemployment Areas (Unemployment Rate at 150% or more of national average) and Rural Areas (population of less than 20,000). 

Who can apply for an EB-5 Visa?

Anyone with the required capital that can prove their Source of Funds were documented through lawful means.

Can my family members be included in my EB-5 visa?

The EB-5 visa can include the primary investor, their spouse, and their unmarried children under the age of 21. There are exceptions where a child’s age can be locked in at the time of filing for USCIS purposes.

Which Targeted Employment Areas (TEAs) Project is best?

Each EB-5 Project has its unique pros and cons, but generally Rural EB-5 Applications have a higher reserved category and quicker processing time with USCIS while HUA EB-5 Projects are often located in areas with more documented history of investment projects.

Can I use gifted funds for the investment?

Yes, so long as the history of the funds showing that they were obtained lawfully is properly documented and the relationship between the gift giver and investor is adequately explained. Please contact us for more detailed analysis on Source of Funds to see if you qualify.

What is a Regional Center?

A regional center is a USCIS approved entity that manages the pool of EB-5 investor funds with a project to comply with USCIS standards. 

What should I consider when choosing a project?

It’s important to assess the expected length of the project timeline, the number of jobs expected to be created, and the Regional Center’s track record with prior projects, along with other considerations.

How long does the EB-5 process take?

Processing times can vary based on the investor’s country of origin and visa bulletin status. 

Can I be in the U.S. on another visa (e.g., H-1B, E-2) while applying for EB-5?

Yes, this is a common practice.

What happens to my investment if my I-526 petition is denied? 

This will vary based on the individual project you choose to invest in, and the time of denial related to the project timeline.