- Who may apply for EB-5?
Anyone with sufficient investment funds. Investors in EB-5 do not need to have a particular background or experience. Nevertheless, they must be able to prove that their funds were legally obtained.
- How long does it take for an EB-5 applicant to get a Green Card?
Usually, a Conditional Immigrant Visa (a.k.a. ‘green card’) petition is adjudicated within one to one and a half. The petition is subdivided in two stages: first the I-526 petition, which is adjudicated in about 6 months and the Adjustment of Status petition, if the applicant is in the U.S., which is adjudicated within another 6 months. If the applicant is outside the U.S. he/she will need to consular process. Consular processing requires a longer wait time of approximately one year. After approval of the immigrant visa through consular processing, the investors and their families receive conditional green cards within a few weeks or months of arrival into the United States.
It is important to note these times are approximate and may be longer due to background checks.
- Can I use retained earnings as investment?
Retained earnings are not considered an investment.
- Is a promissory note an investment of capital?
An unsecured promissory note is not an investment of capital. The investment must be in real money. Alternatively, the investor must demonstrate that the note is secured by his or her property and the secured note is used by the enterprise to receive funding as an investment.
- Can I use the money gifted by a parent or other relative for an EB-5 investment?
Yes, provided that you have paid applicable gift taxes. It must be demonstrated that the gift is an actual transaction and the gifted funds will not be returned to the donor after the green card is granted.
- Can I use money coming from funds in a joint account?
Yes, but investment can only come from joint accounts owned by the applicant and his/her spouse. Nevertheless, joint bank accounts with other family members cannot be used. The applicant must establish that all funds come from accounts under his/her name.
- What is a "conditional" Green Card?
A conditional Green Card is a temporary Green Card valid for two years. An EB-5 applicant first receives a conditional card before he/she is able to receive a green card without conditions. When the application for removal of conditions is granted the applicant and his/her immediate family members are given a permanent Green Card.
- How do I start the process?
Contact EB-Global Ventures by calling or sending an email firstname.lastname@example.org to set up an appointment.
- What documents must I prepare to process my investor Green Card petition?
Please see the Application Process page for a list. Note: this is not an exhaustive list. Other documents may be required and vary on a case-by-case basis.
- In your experience, how much documentation will I need?
As much documentation as possible. For example, it is better to provide too much information about the source of your funds rather than too little, because the USCIS examines this aspect of your application very thoroughly.
- Are EB-5 visas available to people from any country in the world?
Yes, barring any issues of inadmissibility.
- Does the Child Status Protection Act apply to the EB-5 program?
Generally, yes. According to USCIS, “CSPA allows the time a visa petition was pending to be subtracted from an applicant for permanent residence’s biological age so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition”. Essentially, your child needs to be unmarried and under age 21 at the time the I-526 is filed. For example, if it takes 6 months to adjudicate Form I-526, and your child is 20 years old and 11 months at the time of filing, then your child will still be eligible as a derivative based on this rule.
- How long does it take for me to immigrate to the U.S. once I apply for EB-5 immigration visa?
Acquiring lawful permanent residence (“Green Card”) through the EB-5 category is a three step self-petitioning process. The target case processing time is five months for Forms I-526 and I-829.
- First, a successful applicant must obtain approval of his or her Petition for an Alien Entrepreneur (Form I-526).
- Second, he or she must either file an I-485 application to adjust status to lawful permanent resident, or apply for an immigrant visa at a U.S. consulate or embassy outside of the United States. The EB-5 applicant (and their derivative family members) is granted conditional permanent residence for a two year period upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa.
- Third, a Form I-829 Petition by an Entrepreneur to Remove Conditions must be filed 90 days prior to the two year anniversary of the granting of the EB-5 applicant’s conditional Green Card. If this petition is approved by USCIS then the EB-5 applicant will be issued a new Green Card without any further conditions attached to it, and will be allowed to permanently live and work in the United States.
The processing time for these filings is of approximately five to six months.
Please note that the Application for Regional Center under the Immigrant Investor Program (Form I-924) effective is effective Nov. 23, 2010, and the filing fee is of $6,230.