EB-5 Immigrant Investor Program
Frequently Asked Questions

What is the EB-5 process for getting a Green Card?

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The EB-5 procedure consists of the following four steps:

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1. Choose an EB-5 project that qualifies.
2. File your investor petition form I-526E.
3. Submit Form DS-260 if you are in your home country or Form I-485 if you are currently in the United States after your I-526E petition has been granted in order to get conditional permanent status (a Green Card). The Green Card will be valid for two years or until the restrictions are lifted.
4. Submit Form I-829 to remove conditions on permanent residency after a year and nine months.

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How much does the total EB-5 process cost?

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The minimum investment required for projects in designated Targeted Employment Areas (TEAs), which include rural and high-unemployment areas, is $800,000, or $1,050,000 if the projects are situated elsewhere. These costs are included in the overall cost of the EB-5 process.

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What kind of chances that my EB-5 visa application will be approved?

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Various variables can affect the likelihood of success in the EB-5 program. I-526 applications were approved 92%, 90%, 78%, and 75% in the fiscal years 2018 through 2020, respectively. It's crucial to remember that these numbers are averages and take into account situations in which investors may not have performed adequate due diligence or were the victims of fraud.

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It is essential to  improve the chances by conducting thorough investigation, confirming the project's veracity, and getting professional advice. You can reduce risks and raise your chances of success by carefully evaluating the investment opportunity, the business plan, the project's compliance with EB-5 regulations, and the reputation and track record of the project developers and regional center.

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Working with trustworthy experts, such as experienced immigration lawyers and consultants with expertise in EB-5, can also offer helpful insights and direction during the application process. Their knowledge can assist you in navigating the program's intricacies, ensuring compliance with all regulations, and increasing your chances of receiving EB-5 approval.

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How long does the I-526E filing procedure usually take?

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Typically, the I-526E petition filing procedure takes one to two months, although certain circumstances may cause it to take up to six or eight months.

The investor's decision-making process when choosing an investment, doing due diligence, and obtaining and interpreting essential documentation to prove the source of funds are just a few examples of the elements that might affect the timetable.

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These preliminary duties take up the majority of time since they involve making sure that all necessary paperwork is in order and complies with USCIS regulations. Before moving forward with the file, investors must take the necessary time to undertake in-depth research and analysis in order to ensure a successful and well-documented application.

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Can I enter the country on an E-2 visa and then switch to an EB-5 visa?

It is feasible to initially enter the country on an E-2 visa before switching to an EB-5 visa later on. The E-2 visa enables people to enter the country in exchange for a sizeable investment in a US company that will lead to job possibilities. Compared to the $800,000 minimum investment requirement for the EB-5 visa, the required investment amount for an E-2 visa is often smaller, about $200,000.

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The benefit of beginning with an E-2 visa is that it enables you to establish your presence in the country and run your business while you consider whether you might eventually switch to an EB-5 visa. To accomplish this, you would need to raise your investment to the higher EB-5 investment requirement of $800,000 or $1,050,000 and make sure that at least 10 full-time employment are created as a result of the raised investment.
 

It is advised to get advice from experienced immigration lawyers who specialize in these visa categories if you are thinking of applying for an E-2 visa initially and then looking into the possibility of changing to an EB-5 visa later. They may give you helpful advice, help you get through the procedure, and make sure you adhere to the rules of each visa program.

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What Are the Requirements for an EB-5 Loan?

For the loan to be considered the investor's EB 5 fund, the EB5 Visa program has three requirements. First, the EB-5 investor's assets must guarantee the loan; second, the investor must be the primary borrower and be solely responsible for its repayment; and third, the investor's personal property must serve as security. The three EB-5 Visa loan prerequisites and their terms are stated below.

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• Guaranteed by the assets of the EB 5 investor. The loan amount must be greater than or equal to the asset value. Even if it were a private loan, the market interest rate would still be in effect. The government's property records must reflect the mortgage.

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• Must be the principal borrower on the loan and bear all repayment obligations. The investor must be the only one responsible for repaying the loan, and it must be made in his or her name.

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• Secured by the personal property of the investor. Only the investor's personal property may be used to guarantee the loan. The EB5 investor is not permitted to utilize the company's stock ownership as security for the loan.

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