FAQsSection 1: EB-5 Visa General InformationSection 2: EB-5 Immigration MattersSection 3: How do I apply for this EB-5 program?Section 4: Glossary of TermsSection 1: EB-5 Visa General Information1. How many immigrant visas are allotted for this classification?The EB-5 program allots 10,000 visas per year for aliens and family members whose qualifying investments result in the creation or preservation of at least ten (10) full-time jobs for U.S. workers. A minimum of 3,000 immigrant visas are set aside for aliens who invest in designated regional centers, areas of high unemployment or other qualifying areas.2. What is the history of the EB-5 visa category?The EB-5 visa category started in 1991, whereas the development of Regional Centers began in 1993. During the mid-1990‘s several companies competed for investment capital from foreign investors for the EB-5 program. Most of the companies did not offer sound investment opportunities and did not raise the full $1,000,000 investment capital or hire the required number of employees.The INS wanted to stop these abuses of the program, which involved lawsuits. The EB-5 program was effectively placed on hold between 1998 and 2002. In 2002, Congress passed a new law to protect the pre-1998 investors. Also, in a case commonly known as “Chang,” the 9th Circuit Court of Appeals ruled that INS may not apply their new rules retroactively. In August of 2003, INS began approving regional center petitions for the first time since 1998.It is now common knowledge that EB-5 immigration petitions based on sound investments in designated regional centers for the full investment amount as prescribed by the rules, with the proper supporting documentation, should be approved.3. What are some of the benefits of the EB-5 visa program?Qualifying investors and their spouse and unmarried minor children (under 21) will be granted U.S. Lawful Permanent Residency.No minimum requirements as to age, ability to speak English, employment experience, or educationInvestor and family may live/work anywhere in the United States. Minor children may obtain employment, subject to age, state, and governmental laws and regulations.Education benefits, including admission to Universities at U.S. resident costs.The EB-5 program does not require immigrant investors to manage their investment on a day-to-day basis.After five years, the investor and their family may obtain U.S. citizenship, subject to meeting all immigration requirements, as required under law.4. Is EB-5 a truly passive investment?The EB-5 regulations require involvement in management or policy making. The regulations deem a limited liability corporation, which is properly structured and that conforms to the Corporations Act as sufficiently engaged in the EB-5 enterprise.5. Where can I find a copy of the relevant EB-5 law and regulations to review?Please go to the U.S. Bureau of Citizenship and Immigration Services website. A link to immigrant investment visa information is available at:http://www.uscis.gov/portal/site/uscis6. I want to invest in the USA and get a Green Card, is the EB-5 visa suitable for me?The EB-5 visa permits employment in the U.S. for the investor and their family. Quite simply, the EB-5 visa gives you the opportunity and flexibility to do what you want in the USA. If you do not want to actively manage your business, you should consider a regional center EB-5 investment.7. What if I want to manage my own business?If you want to manage your own business, consider an L-1 (Non-Immigrant Intra-company Transferee), E-2 Visa (Non-Immigrant Treaty Investor), or EB-5 Alien Entrepreneur Investment by investing $1,000,000 into your own business that you control, and create the necessary 10 new jobs within a new enterprise. If your goal is to have a Green Card and not to actively manage a business, it is maybe less expensive to utilize a structured investment program in the Regional Center EB-5 category rather than to start and maintain your own business.Back to TopSection 2: EB-5 Visa Immigration Matters1. Must I have previous business experience or education?The investor is not required to have any prior business experience. Likewise, the investor is not required to demonstrate any minimum level of education. The only requirement for the investor is that he/she has the required net worth and capital. (Accreditations).2. Must I speak English?No. However, do try to learn English as it will help in an immigration interview.3. Must I be in good health?Yes. You must have no communicable diseases and be up to date on proper vaccinations.4. What are the benefits of the Green Card?All legal permanent residents under the EB-5 Investor Program enjoy the same benefits as every other United States resident. The U.S. is a safe harbor for your family, as well as your personal and business investments. Any member of the family with a Green Card can enter the U.S. at any time and stay as long as he/she wishes, respecting residency requirements.

Source: FAQs


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