What is EB-5?
About the EB-5 Program
The EB-5 Investor Program was established in 1990 by the U.S. Immigration Act with the intention of providing a special category of immigration visa for high net-worth international investors. Once the applicant and their family (spouse and unmarried children under the age of 21) are granted green cards, they will have the right to settle anywhere within the US with the potential to apply for citizenship.
Frequently Asked Questions
What is EB-5?
The EB-5 Investor Program was established in 1990 by the U.S. Immigration Act with the intention of providing a special category of immigration visa for high-net-worth international investors. Applicants to the EB-5 Program must choose to invest in a business or project that is located in an area of the United States with a high unemployment rate in order to qualify.
How can I start my process to live in the United States?
These frequently asked questions are for informational purposes only. For more information, contact one of our global directors or consult an immigration lawyer.
What is the minimum amount of investment required in EB-5 program?
Investments in “targeted employment areas” can qualify with a minimum of US$500,000. This investment is made through an escrow account. The government through your attorney will require an exhaustive investigation to ensure that the assets were gained in a lawful manner.
What is meant by the requirement that the investor's assets be "lawfully gained?"
The investor must prove that his investment funds were obtained through lawful business, salary, investments, property sales, property loan, inheritance, gift, loan, or other lawful means.
Can money gifted by a parent or other relative be used for an EB-5 investment?
Yes. It must be demonstrated that the gift is an actual transaction and is not an undocumented loan or that the gifted funds are expected to be given back after permanent resident status is granted.
Does the US$500,000 include legal advice from an immigration attorney who will represent me in my application to the USCIS?
No. The US$500,000 is the investment amount. Attorney fees are an additional cost of approximately US$30,000.
What is a “targeted employment area”?
A targeted employment area is an area that, at the time of investment, is a rural area or an area which has experienced unemployment of at least 150 percent of the national average rate.
How many jobs need to be created in order to obtain my “green card?”
Each EB-5 investor must create 10 permanent jobs for U.S. workers in order to obtain a “Green Card.”
Who may apply for EB-5?
Any person who can demonstrate the ability to: 1) deploy the required amount into the American economy, 2) document that the capital was legally earned, and 3) satisfy general eligibility requirements (e.g., medical, criminal) is qualified to apply for the EB-5 program. There are no language, business, or education requirements for applicants.
With an EB-5 investment who receives the permanent residency “Green Card?”
The investor, spouse and any unmarried children under the age of 21 (including adopted children) are eligible to apply for a green card through the EB-5 Visa Program.
What is the difference between a permanent resident and a conditional permanent resident?
After the approval of the initial application, which is focused primarily on establishing the legal source of the investment of US$500,000 (known as an I-526 Petition), the applicant and his or her immediate family are eligible for a conditional resident status in the United States.
Once the applicant establishes that the investment of US$500,000 was made in the selected project and the 10 full-time jobs were created within the required period (or will be created within a reasonable time period), the condition attached to the visa is removed and the applicant and family receive permanent resident status in the United States
How long will it take for my family and I to become residents of the United States?
Once your I-526 is submitted, it takes an average of 12- 24 months to be approved. From there on, your family and you receive the conditional Green Card to move and live permanently in the USA.
After obtaining my conditional residence, can I travel freely outside of the United States?
Yes, this is one of the most important benefits of the EB-5 visa program. It should be noted that you have to comply with the requirements of permanent residency in the United States to maintain this resident status; if you have to be out of the country for more than 6 months you must obtain a reentry permit.
Can I live, work or study anywhere in the United States once my application is approved?
Yes. With conditional residency or permanent residency, you and your immediate family can live, work or study in any city in the United States.
If my I-526 petition for a permanent residency visa is rejected, do you return my investment?
Yes. You receive 100% of the US$500,000 invested.
Securities cleared through Whyte & Co./LightPath Capital, Inc. Member FINRA/SIPC
The EB-5 visa program will allow you and your family the possibility to live, work, and study anywhere in the United States as residents. Give your family a better future.
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