EB-5 Visa FAQs

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1. What are the benefits of the EB-5 visa program?

  • Qualifying investors, their spouse and unmarried minor children (under 21) will be granted U.S. Lawful Permanent Residency.
  • No minimum requirements as to age, to speak English, employment experience or education.
  • Investor and family may live/work anywhere in the United States. Minor children may obtain employment, subject to age, state and governmental laws and regulations.
  • Education benefits include admission to Universities at U.S. resident costs.
  • The EB-5 program does not require immigrant investors to manage their investment on a day-to-day basis.
  • After five years, the investor and their family may obtain U.S. citizenship, subject to meeting all immigration requirements, as required under law.

2. What are the requirements to apply for EB-5 immigrant visas?

There are no special requirements placed upon investors, such as having a business background, age, level of education or language abilities. In most cases, applicants who demonstrate their investment funds were obtained legally will receive an EB-5 immigrant visa.

3. What items or documents are needed to apply for an EB-5 immigrant visa?

All applicants need to prepare basic biographical information, identification documents and recent tax returns and statements showing the origin of investment funds. The services of an immigration attorney are invaluable in the application process. You must hire an immigration attorney to assist you in the process.

4. How long does it take EB-5 immigrant visa applicants to obtain their green cards?

In most cases, qualified applicants will be informed by the U.S. Citizenship and Immigration Services within two to three months after applications are submitted regarding whether their applications have been approved. They will receive conditional permanent residency (conditional green card) within six to eight months.

5. How long do investors and immediate family members have to wait before they can become naturalized United States citizens and obtain U.S. passports?

Five years, starting from the date of initial entry with the EB-5 investor immigrant visa. Time spent with a conditional green card is credited towards the five-year lawful permanent residency requirement for U.S. citizenship, as long as the holders of conditional green cards meet U.S. citizenship residency requirements.

6. Will an applicant’s investment funds be returned in the event an EB-5 application is rejected by the U.S. government?

Yes. If the U.S. government rejects the application, the investor is guaranteed the return of investment funds. Investment funds are only transferred from the escrow account into the limited liability company after the approval letter is received by the investor.

7. Besides the $500,000 investment itself, what are the costs to file an EB-5 application?

In addition to $500,000 used as investment funds, EB-5 applicants are required to pay up to $45,000 to cover fees related to the project’s Regional Center designation. Legal services are not included with this fee.

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