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EB-5 FAQs
- Must I be able to speak English?
- Do I need to have previous business experience or education?
- How many immigrant visas are allotted through the EB-5 program?
- What makes the EB-5 program different from the L-1 (manager transfer) or E-1/2 (Treaty Trader/Investor)?
- What information and documents are required for my application?
- It says in the requirements that proof must be presented that the funds used for the investment are legally gained. How can I achieve this?
- In order to participate in the investment, what are the investor’s obligations?
- What is a limited partnership?
- How are the interests of my limited partnership protected?
- What are the investment risks involved?
- Is it alright for several investors to combine their investment capital through one limited partnership?
- What is an accredited investor?
- When do I need to be an accredited investor?
- I want to submit my investment funds to Global Premier America Regional Center. How can I achieve this?
- Will I need an immigration attorney in order to submit a I-526 petition?
- Will I be able to get my funds back if my I-526 petition is denied?
- My application for visas in other programs have been rejected. Can I still apply for a visa via the EB-5 program?
- What is the timeframe for the processing of the I-526 petition and the conditional green card?
- If the USCIS approves my I-526 petition, why do I need to go through the Consulate application and interview?
- If the USCIS approves my I-526 petition, can members of my family have their consulate interviews in different countries?
- What is the difference between “conditional” and “permanent” green cards?
- Who are eligible for permanent green cards?
- How long should I stay in the United States within one year?
- When can I apply for a permanent green card?
1. MUST I BE ABLE TO SPEAK ENGLISH?
No. You will however need to obtain the services of a certified translator who can competently serve as a mediator between you and our office.
2. DO I NEED TO HAVE PREVIOUS BUSINESS EXPERIENCE OR EDUCATION?
No. It is however necessary that you have the required net worth and capital, as well as proof that the funds come from legal and lawful means.
3. HOW MANY IMMIGRANT VISAS ARE ALLOTTED THROUGH THE EB-5 PROGRAM?
10,000 visas are available annually through the EB-5 program. Of this number of visas, 5,000 are allotted for foreign nationals who invest through regional centers.
4. WHAT MAKES THE EB-5 PROGRAM DIFFERENT FROM THE L-1 (MANAGER TRANSFER) OR E-1/2 (TREATY TRADER/INVESTOR)?
The EB-5 program, once completed, results to permanent resident status. The E-1/2 Treaty programs only allow non-immigrant status. Unlike the E-1/2, those applying under the L-1 program may apply for Permanent Resident status but this is becoming increasingly difficult through the years due to a great number of fraudulent cases and a tightening of the review process.
5. WHAT INFORMATION AND DOCUMENTS ARE REQUIRED FOR MY APPLICATION?
All documents submitted must be translated into English by a certified translator or translation service. The investor must also sign the English version of all documents. Necessary information and documentation include business plans, investor financial information, USCIS forms and other supporting evidence.
6. IT SAYS IN THE REQUIREMENTS THAT PROOF MUST BE PRESENTED THAT THE FUNDS USED FOR THE INVESTMENT ARE LEGALLY GAINED. HOW CAN I ACHIEVE THIS?
USCIS regulations require that the investor provide proof that funds or assets used for the investment were gained in a lawful manner. Evidence to back up claim of legality of funds include certifications from licensed accountants, court records, attorneys, tax statements, salary statements, real estate documents etc.
7. IN ORDER TO PARTICIPATE IN THE INVESTMENT, WHAT ARE THE INVESTOR’S OBLIGATIONS?
The investor must be “active” in the management of the investment by engaging in the management of the new commercial enterprise, either through day-to-day managerial control or through policy formation. However, the law does specifically allow that an investor will qualify as a “limited partner” as defined in the Revised Uniform Limited Partnership Act.
8. WHAT IS A LIMITED PARTNERSHIP?
A limited partnership is defined a business organization which has one or more general partners and one or more limited partners. The limited partners are only liable to the extent of their investments whereas the general partners manage the business and assume legal debts and obligations.
9. HOW ARE THE INTERESTS OF MY LIMITED PARTNERSHIP PROTECTED?
As per requirement of the United States Citizenship and Immigration Services (USCIS), some financial risk must be apparent. This means we cannot guarantee a return of investment, but we can assure you that we will exhaust all our efforts to minimize the amount of risk by ensuring your investment is properly collateralized and that your partnership remains in good financial standing.
10. WHAT ARE THE INVESTMENT RISKS INVOLVED?
Different risk factors affect different limited partnerships. These include economic conditions, denied immigration status under the EB-5 program and failure to meet job qualifications. The offering materials presented to you during your initial application shall include the risks involved. Please review thoroughly.
11. IS IT ALRIGHT FOR SEVERAL INVESTORS TO COMBINE THEIR INVESTMENT CAPITAL THROUGH ONE LIMITED PARTNERSHIP?
Yes. Pooling of funds is allowed. However, it is required that each individual investor must qualify for the minimum “at risk” capital requirement as well as the new job creation requirement.
12. WHAT IS AN ACCREDITED INVESTOR?
Accredited investors are investors certified to invest in certain kinds of high-risk investments, hedge funds, angel investor networks, and limited partnerships. In the U.S., an investor is considered an accredited investor provided they have a net worth of at least US $1 million, or at least U.S. $200,000 annually for the last two years ($300,000 if married) and are expected to make the same amount in the current year.
13. WHEN DO I NEED TO BE AN ACCREDITED INVESTOR?
If you’re visa is of the non-immigrant category.
14. I WANT TO SUBMIT MY INVESTMENT FUNDS TO GLOBAL PREMIER AMERICA REGIONAL CENTER. HOW CAN I ACHIEVE THIS?
Included in the offering materials presented to you is a copy of our escrow agreement and the wire transfer instructions to the escrow bank account. Our office will receive a remittance confirmation for your records within 48 hours of your wire transfer. A copy of the remittance confirmation will then be provided to you and included in your I-526 petition.
15. WILL I NEED AN IMMIGRATION ATTORNEY IN ORDER TO SUBMIT A I-526 PETITION?
Though not necessary, we do highly recommend that you obtain legal services. You will greatly benefit from the services of an immigration attorney throughout the process. Please note that legal fees are not included in any of the processing fees for the I-526 petition.
16. WILL I BE ABLE TO GET MY FUNDS BACK IF MY I-526 PETITION IS DENIED?
Yes. If rejected, the full investment shall be returned to the account of origin.
17. MY APPLICATION FOR VISAS IN OTHER PROGRAMS HAVE BEEN REJECTED. CAN I STILL APPLY FOR A VISA VIA THE EB-5 PROGRAM?
Yes. Past rejections do not disqualify the applicant from applying for a visa via the EB-5 program unless the reasons for the denial of visa are related to immigration fraud or other serious issues. Criminal, medical or U.S. immigration history problems however must be disclosed to our company as well as your legal counsel in order to advance your petition.
18. WHAT IS THE TIMEFRAME FOR THE PROCESSING OF THE I-526 PETITION AND THE CONDITIONAL GREEN CARD?
Approximate 24-48 months from the date of submission of the I-526 petition.
19. IF THE USCIS APPROVES MY I-526 PETITION, WHY DO I NEED TO GO THROUGH THE CONSULATE APPLICATION AND INTERVIEW?
The Consulate application and interview ensures that the investor as well as his or her family undergo all necessary checks (immigration history, medical history, security, police) before the conditional permanent visas are given.
20. IF THE USCIS APPROVES MY I-526 PETITION, CAN MEMBERS OF MY FAMILY HAVE THEIR CONSULATE INTERVIEWS IN DIFFERENT COUNTRIES?
Yes, they can. The home country or the country where the family member currently resides is the standard interview site I received my conditional green card.
21. WHAT IS THE DIFFERENCE BETWEEN “CONDITIONAL” AND “PERMANENT” GREEN CARDS?
A conditional green card is issued to an approved EB-5 applicant. This is only valid for two years, in which time the conditional green card holder may apply for a permanent green card within 90 days of the card’s expiration. A permanent green card has no expiration date. Other than that, both cards give the immigrant the same rights and privileges.
22. WHO ARE ELIGIBLE FOR PERMANENT GREEN CARDS?
The individuals eligible for permanent green cards include the investor, his or her spouse, as well as any unmarried children under 21 years of age at the time the I-526 petition was filed. Adopted children are also counted as part of the family.
23. HOW LONG SHOULD I STAY IN THE UNITED STATES WITHIN ONE YEAR?
The investor must enter the United States within 180 days from receiving his or her visa at the United States overseas consulate, and must establish residency in the United States through demonstrating an intent to stay (e.g., buying or renting a home, opening bank accounts, filing for a social security number, getting a driver’s license, paying state and federal taxes,). For those living outside the United States, it is recommended that the investor and his or her family re-enter the U.S. once every six months. In certain cases, investors may acquire a “re-entry” permit, allowing them to remain outside the U.S. for as long as two years without needing to re-enter the country in order to maintain permanent resident status.
24. When can I apply for a permanent green card?
The conditional green card expires two years from the date of issuance. It is recommended that if you wish to apply for a permanent green card, you must submit your I-829 petition within 90 days (3 months) of the expiration date of your conditional green card. Once you file your I-829 petition if filed, your conditional permanent residency is extended for a year in order to accommodate the processing time for your permanent green card.
