Frequently Asked Question
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The EB-5 visa program allows foreign investors to obtain permanent residency in the United States through a significant investment that generates employment in the country. It is a direct pathway to a “Green Card” for the investor and their immediate family.
The minimum investment is $800,000 in Targeted Employment Areas (TEA), which generally include rural areas or areas with high unemployment rates, and $1.8 million outside these areas.
While full investments are the preferred option for an EB-5 visa, the process can begin with an initial investment of a lesser amount, typically half of the total investment. Your financial commitment would show as in process rather than fulfilled. This is a route taken by applicants who want to begin the process quickly in case they have older children who might age out of the program before they can obtain and invest the full $800,000.
You must demonstrate that your investment has created or will create at least 10 full-time jobs for qualified U.S. workers within two years of your investment. This can be shown through payroll records, employment contracts, and other financial and labor documents.
EB-5 visas are one of the most straightforward visa types offered by the U.S. government. With EB-5, you are applying tied to real money used towards American projects and creating at least 10 American jobs. The most complex part of the EB-5 application is typically proving your eligibility.
The process can vary, but it generally takes between 18 and 24 months from the initial investment to the granting of the conditional visa. Removing conditions to convert the visa into permanent residency without conditions takes approximately another two years.
Yes, your spouse and unmarried children under the age of 21 can be included in the application and be eligible to obtain permanent residency along with you under the same investment.
If your application is in process before your child turns 21 (and they are unmarried), they will still be eligible for your family application. This is something you want to flag as a critical concern for case processing to your EB-5 attorney.
The conditional residency lasts for two years, after which applicants must file for removal of conditions. Once this process is completed, the residency is permanent.
Once the investment is made, the U.S. government begins processing your I-526E petition. Once it is accepted, you can begin to migrate. This typically takes around 3-6 months, though timelines can vary based on submission timelines and USCIS caseload.
Eligible projects include but are not limited to residential, commercial, and mixed-use developments that can generate the required jobs. It is crucial that the project is part of a USCIS-approved Regional Center or is independently managed, meeting the employment creation requirements.
Investing in USCIS pre-approved projects has several advantages. These projects have already been reviewed and meet the requirements for job creation and economic development. This can significantly reduce the risk of your visa application being denied due to project issues. Additionally, these projects typically have more robust financial and management structures, offering greater security and stability to investors.
Not typically. EB-5 investment is used as a loan to developers for project development costs, and a different entity manages real property within the project. This is something an immigration attorney can help explain in further detail if necessary.
While investment returns on EB-5 projects are not guaranteed, within a two to four year period, investors can begin to see a 1-1.5% return on investment. The investment must remain “at risk” throughout the loan period, and therefore cannot be guaranteed to be returned.
If the project fails and the job creation requirements are not met, you may be at risk of losing both your investment and the possibility of obtaining permanent residency. It is vital to choose projects with a solid track record and manage risks appropriately.
While our headquarters are in Miami, we provide services globally. We assist investors from various countries around the world who are interested in obtaining an EB-5 visa through real estate investments in the United States.