How many Green Cards are allocated each year for foreign investors who invest through the EB-5 Visa Program?
The EB-5 visa program makes approximately 10,000 visas available per year to immigrant investors who invest in commercial enterprises that create at least 10 U.S. jobs.
Is there a visa waiting list for me?
Currently, there is no waiting list for investors for countries other than Mainland China, Vietnam and India.
Is obtaining a Green Card through the EB-5 Regional Center Program suitable for me?
If you and your family meet USCIS requirements and want to immigrate the United States via an EB-5 visa, there are many benefits that are exclusive to the EB-5 program, and not offered via other visa programs.
Should I hire an immigration attorney to represent me?
For such a significant decision, it would be best to hire an experienced immigration attorney when you feel ready to begin your EB-5 investment. The process of gathering your documentation, selecting a project and filing the immigration petition can be a lengthy process that your attorney will oversee.
What are the job creation and investment requirements, and do I need to create them myself for the EB-5 Visa Program? How do jobs qualify for projects that are already under construction?
As of the EB-5 Reform and Integrity act Every EB-5 investment must create at least ten (10) full time jobs which must employ U.S. citizens, lawful permanent residents or other immigrants legally authorized to be employed in the United States.. 90% of these jobs may be created indirectly. Tenant occupancy can be counted towards the total number of required employees/jobs as long as the employees are new hires and not transferred to the project.
When investing at the reduced amount of $800,000, the project needs to have I-956 Regional Center approval. When investing in a Regional Center, investors have the advantage of creating indirect jobs, such as construction jobs for a particular EB-5 project. USIF will supply you with an economic report that outlines the estimated job creation per project. Near the end of the two-year conditional green card period, when you choose to remove the conditions from your green card (I-829 application), documents are submitted to show that jobs were created successfully and according to USCIS guidelines.
Am I required to have prior business experience or education to obtain a green card through the EB-5 Visa Program?
No.
Am I required speak English to obtain a Green Card?
No. It is highly recommended that you do look into assistance in translating our documents you receive.
Do I need a sponsor to obtain a Green Card?
No. An EB-5 investor controls their own green card petition process.
Am I required to be in good health?
Yes. You must be able to prove that you do not have any communicable diseases and have evidence from a doctor of having all required vaccinations.
What is the difference between “conditional” and “unconditional” green cards?
An investor approved for an EB-5 visa receives a conditional green card valid for 2 years. In order to remain a permanent resident, a conditional permanent resident must file an I-829 petition (application) to remove the conditions 90 days before the conditional card expires. The conditional card cannot be renewed. An unconditional green card is typically valid for 10 years and can be renewed indefinitely.
Can I apply for an Eb-5 visa if I have been rejected or terminated in the past by USCIS for an L1,E2, B or other visas?
Being rejected in the past does not necessarily disqualify an application unless the reason for rejection was related to immigration fraud.
Are my family members eligible to qualify for an EB-5 Visa? Can my adopted children qualify for an EB-5 Visa?
Spouse
Spouses of the investor are eligible for both conditional and permanent residency once the investor has been granted conditional and permanent residency, respectively. This is applicable when the investor and their spouse were married at the time of the investor’s original admission to the United States as a conditional resident, or at the end of the two-year conditional period when citizenship status will adjust to a lawful permanent resident. It should be noted that a common-law marriage is not recognized for the purpose of permitting a spouse to qualify as a derivative beneficiary.
Children
Children, including step-children and adopted children of the investor, are able to follow the investor who has been granted their conditional permanent residence, or permanent residence. This is valid only if the investor can establish legitimate parent lineage at the time of the investor’s original admission to the United States, or at the end of the two-year conditional period when immigrant status is adjusted to Lawful Permanent Resident.
The U.S. Government considers a ‘child’ as someone who is under the age of 21, and is not married. Any child over the age of 21 at the time the investor files for conditional residency, is considered an adult pursuant to U.S. Immigration law and is not allowed to accompany the principal EB-5 investor as a dependent child. The age and marital status limitations do not apply to the I-829 petition to remove conditions.
My son is about to turn 21 years old in three months, if I invest now will he still be eligible for a green card under my EB-5 visa petition?
It depends on whether a waiting list exists at the time of the conditional residency (I-526) application is approved. If the investor files for conditional residency before the child turns 21, and there is no waiting list for EB-5 visas, then it may be possible for the child to remain with the EB-5 investor’s visa process pursuant to the Child Status Protection Act (CSPA).
CSPA provides some protection to the family immigrating to the U.S. with the general aim of keeping families together. However, there is the possibility that your eligible children could “age-out” during the process, if there is a waiting list for your country.
If a waiting list does NOT exist for your country at the time of the investor’s I-526 approval, the child would be eligible for a green card. However, if a waiting list that exceeds 3 months DOES exist for your country at the time of the investor’s I-526 approval, the child would most likely age-out and be ineligible for a green card.
It is helpful to consider the following examples:
NO WAITING LIST:
- The investor files the I-526 petition and the dependent child is 20 years, 9 months old.
- The I-526 petition is approved 18 months later when the child’s biological age is 22 years and 3 months old. Generally, a child over the age of 21 would not be allowed to receive a green card based on his parent’s I-526 application.
- The CSPA provides some relief in these situations. For the purpose of considering immigration benefits, the child’s age would be calculated in the following way:
- The time the I-526 application was pending with USCIS (18 months from receiving the application to the approval date) would be subtracted from the child’s biological age at the time the I-526 application is approved.
- In the example situation above – at the time of the parent investor’s I-526 is approved- the child’s CSPA age would be 20 years, 9 months old (22 years and 3 months old minus 18-month approval waiting period).
WAITING LIST:
If there is a waiting list for EB-5 visas for a specific country, the above situation is not applicable to the investor’s child. This is a likely scenario if there is a waiting list:
- If a waiting list exists for a specific country at the time of the I-526 approval, then visas would not be immediately available to the specific country.
- The investor and his/her child would not be able to apply for his/her conditional green cards after the I-526 approval date.
- In this situation, the child would continue to age after the I-526 application is approved, and would not be permitted to CSPA relief.
- Once the child’s CSPA age is over 21, the child would be considered to have “aged out” and would be ineligible for a green card based on the investor’s approved I-526 application.
Will my children be able to remain in school in the U.S. If I leave the U.S.?
Dependent children will have their own conditional green card and can work, study and live in the U.S. if the principal investor returns to their home country.
What are the cost benefits of attending a U.S. university and is my child eligible for lower tuition rates?
The EB-5 visa allows a student to gain residency within the state they wish to go to school, and qualify for significant savings on tuition. Public universities in the United States often offer lower tuition to applicants who are residents in the state, where the public university is located. Tuition discounts vary from state to state. See the table below to see the tuition costs per state. The average savings over 4 years is around $88,000 per student.
What changes have been made to the EB-5 Program since The EB-5 Reform and Integrity Act?
Now that the EB-5 Regional Center Program has been authorized through 2027, here’s a brief overview of the included updates.
- The minimum investment amounts has increased to $800,000 from $500,000 for TEA’s
- The minimum investment amount has increased to 1,050,000 from 1,000,000 in non-designated TEA areas.
- Investment amounts will be adjusted for inflation every five (5) years starting January 1, 2027
- TEA’s are defined as single-census-track high unemployment areas which experience an unemployment rate of at least 150% of the national average and combining adjacent high-unemployment tracts and include a rural area with a population less than 20,000 people.
Annual Reserved Visa Categories
- 20% allocated for investments in rural areas (about 20,000 visas)
- 10% allocated for investments in areas designated by the secretary of Homeland Security as high unemployment areas (About 1,000 visas).
- 2% allocated for investment into infrastructure projects (about 200 visas)
- Unused visas from the reserved categories in any given year will carry over to the following year.
