General Questions and Eligibility
1. What are EB-5 Regional Centers?
Regional Centers are organizations designated by the US Citizenship and Immigration Services (USCIS) that promote economic development and job creation in a specific geographic area in the US.
2. What is the EB-5 Immigrant Investor Visa Program and when was it created?
The US Congress created the EB-5 green card program in 1990 as Section 203(b)(5) of the Immigration and Nationality Act (INA). Congress created the program to afford eligible foreign nationals the opportunity to become lawful, permanent residents while stimulating economic activity and creating jobs for US workers through their investments.
3. How many EB-5 green cards are available each year?
The EB-5 program sets aside 3,000 green cards specifically for immigrant investors who apply through a Regional Center Investment Program designated by the USCIS.
4. Do potential investors have to speak English?
No. However, it is recommended that a translation service be used to aid in the process if the investor cannot read and/or understand English, as all documents must be in English.
5. Where can an investor live in the US once the Green Card is issued?
An investor and his or her family can live anywhere in the US once the Green Card is issued.
6. Is previous business experience required to become an investor?
No, previous business experience is not required.
7. Is a degree or higher education required to become an investor?
No, there are no educational requirements.
8. Is good health required to become an investor?
Yes, the investor and his or her family members must each pass a health examination as part of the review process.
9. Where can more information on the EB-5 Program be found?
Additional information regarding the EB-5 Investment Program application process, requirements and benefits can be found at the US Citizenship and Immigration Services' website (www.uscis.gov).
Immigration Questions
1. Can my family members receive Green Cards as well?
Yes. The investor, spouse and any unmarried children under the age of 21 at the time of the I-526 application can receive a Green Card. Adopted children can also be eligible.
2. What is the difference between "Conditional" and "Permanent" EB-5 Green Cards?
Upon approval of the I-526 Petition, the USCIS will issue a conditional Green Card to the investor and his or her family members. The conditional Green Card lasts two years. The investor and family must apply to have the conditional Green Card converted to a permanent Green Card just before the two year expiration period. A permanent Green Card has no expiration date. The rights and privileges granted from having a conditional or permanent Green Card are the same.
3. When can an investor apply for a permanent green card?
Within 90 days (3 months) of the expiration date of the conditional Green Card, investors can submit an I-829 Petition (Petition to remove conditions). The investor must demonstrate evidence of capital investment and job creation with the I-829 Petition.
4. How long must the investor stay in the US each year?
The first requirement of the investor is to establish residency within the United States within 180 days of being issued an immigrant visa. The investor may demonstrate the intention to reside in the United States by creating bank accounts in the US, obtaining a driver's license in the US, obtaining a social security number in the US, renting or buy a home, and paying federal and state income taxes in the US. Depending on the nature of the business, the US resident may continue to work overseas, if necessary.
Immigration advisors recommend that the investor and family not remain outside of the US for more than six months at any one time. The less the family is present in the US, the more likely the government can claim that the investor "abandoned" US residency. By staying outside the US for at least six months, the investor's and family's Green Card status can become endangered. Based on the situation, the investor may seek the issuance of a "reentry permit." With this permit, the investor has permission to remain outside of the US for as long as two years without having to reenter the country to maintain permanent resident status.
5. Will an investor's children be able to remain in a US school if the investor leaves the US?
Yes, children can continue to go to school in the US.
6. What is the difference between a Permanent Resident and a US citizen?
The primary differences between being a permanent resident and a US citizen is that citizens have the right to vote in elections and can hold public office. Two requirements of becoming a legal US citizen are being a permanent resident in the US for 5 years and being physically present in the US for at least half of the 5-year period.
Investment Questions
1. What is the minimum investment required?
The minimum investment in a Targeted Employment Area (TEA), such as Cleveland, is US $500,000 for an EB-5 Green Card. If a Regional Center is not located in a TEA, the minimum investment for an EB-5 Green Card is US $1,000,000 (one million).
2. What is an accredited investor?
A potential investor must qualify as an "accredited investor" before he or she can apply for an EB-5 Green Card. An individual is considered to be an accredited investor if he or she has a net worth of at least US $1,000,000 (one million). The investor can also qualify as an accredited investor if he or she has made at least US $200,000 or more for the past two consecutive years (US $300,000 with spouse, if married) and expects to make a similar amount in the current year.
3. What information must the investor provide to show legitimate source of funds?
All investors must provide information showing the funds that will be invested have come from a legitimate source. Typically, financial background information is acquired from the following: bank statements, five years of tax returns, documentation of the actual source (gift, inheritance, bank loan, etc), court records, salary statements, real estate documents, proof of ownership of business, and any applicable business licenses.
4. What are considered legitimate sources of funds?
Examples of a legitimate source of income are as follows: personal savings; sale of a business; sale of stock or other assets; sales of a house; inheritance; gifts; loans from banks, relatives, or employers; or any other legitimate source of funds.
5. Are there risks associated with the investment?
The USCIS requires that investments through the EB-5 program have an element of risk. Therefore, under the law, no Regional Center can legally guarantee profit or the return of the principal investment.
6. How are funds submitted to CiF?
CiF will send its escrow agreement and wire transferring information to the escrow account with the offering material. CiF will then receive a remittance confirmation to be used for the investor's records and I-526 application. At this stage, the funds submitted can be returned if the I-526 application is rejected.
7. What is an escrow account and how is it used by CiF?
An escrow account is essentially a holding account at a financial institution for funds that are being transacted. In this case, the investors' funds (minus the administrative fee) are held in a bank account in the US while the I-526 Petition is reviewed. Neither CiF nor the investor can access the funds during this process. If the I-526 is approved, the funds are released from the escrow account to CiF to be invested. If the I-526 is denied, the funds are released back to the investor.
8. Do I have to actively manage my investment?
No, a benefit of working with an EB-5 Regional Center such as CiF is that the investment is managed by the Regional Center.
9. If the USCIS denies the potential investor's I-526 Petition, will CiF return the required capital investment?
Yes. As discussed above, our team directs potential investors to submit their required capital investment to an escrow account with instructions to either release the required capital investment to CiF for investment into a project upon USCIS' approval of the I-526 Petition or release the required capital contribution back to the investor if the USCIS rejects the I-526 Petition
10. How can a potential investor apply through CiF?
11. How long does the process take?
The approximate length of time for an investor to pass the US Consular Interview and receive his or her conditional Green Card is 9-12 months from the date the I-526 Petition is submitted. Ninety days before the two year Green Card expires is when the investor can file his or her I-829 Petition to have conditions removed and receive a permanent Green Card.
12. Is the immigration process the same if the investor is already in the United States?
The investor will still need to file the necessary I-526 Petition. However, after approval of the I-526, the investor will not have to go through a Consular interview. Instead, the investor will apply for Adjustment of Status to Permanent Residence by filing form I-485 with the USCIS. Form I-829 for Permanent Residency will still need to be filed ninety days before the expiration of the conditional Green Card.
13. Can a potential investor apply if rejected or terminated in a past visa application process?
Rejection in a past application does not disqualify an EB-5 applicant, except for a serious reason, such as immigration fraud or a crime. It is important to disclose all criminal, medical, and US immigration history problems to CiF and legal counsel before you apply.
14. Is an immigration attorney needed?
Although not mandatory, it is highly recommended that an investor retains legal counsel for their immigration process. Because of the complexity of the application process, an attorney can assist with the Petition, consulate interview, and visa processing. We can assist the investor in finding an attorney.
15. What information and documentation is required?
To qualify for an EB-5 visa, the potential investor must supply varied information and documentation, including: USCIS forms, business plans or geographical statistics, investor financial information and other supporting evidence. The potential investor must also meet criminal and medical requirements. CiF will work with the investor to gather this information.
In addition, the capital investment must be placed in an escrow account before submitting the I-526 Petition. All documents included in the I-526 application must be translated in English by a certified translator; the English versions of all forms must be signed by the investor.
16. What is the most common reason for rejection on an EB-5 application?
Most commonly, an EB-5 application will be rejected because the applicant failed to demonstrate that he or she had legally earned or obtained the investment capital.
17. What is the purpose of the Consulate application after approval of the I-526 application?
The Consulate application, conducted in the country the investor resides, is to ensure that the investor and his or her family undergoes medical, police, security, and immigration history checks before the USCIS issues conditional Green Cards. During the interview, the consulate officer may address the above issues and may inquire as to the nature of the investment.
If the investor and his or her family are in the US, they may apply to adjust their status at the appropriate USCIS office through the I-485 application.
18. Can family members have Consulate interviews in different countries?
Yes, family members can interview in different countries. For example, an investor's child going to school in the US does not have to return to the country of origin and can adjust status in the US at an USCIS office.