5 Common EB-5 FAQs

5 Common EB-5 FAQs

  1. EB-5 FAQs: Do I need to be able to speak or read English to apply for the EB-5 Program?

No, it's not a requirement. Your EB-5 agent should be able to translate and inform you of all the important details when you begin investing into the EB-5 Program.

  1. EB-5 FAQs: How many visas are allocated each year for the EB-5 Program?

There are 10,000 visas allocated for the EB-5 Program. About 3,000 are reserved for EB-5 investors who invest in the Regional Center Program. Of the 10,000, however, it should be taken into account that spouses and unmarried children under the 21 also receive visas under the EB-5 investor, and these visas count toward the total 10,000.

Some people are proposing that Congress should raise the visa allotment cap so that the 10,000 only includes the EB-5 investors' visas and not the family members, raising the cap to more like 25,000 to 30,000 visas.

  1. EB-5 FAQs: Can anyone apply to the EB-5 Immigrant Investor Program and receive a green card?

The EB-5 Immigrant Investor Program was developed by Congress in 1990 to encourage foreign investors to invest either $1,000,000 in a U.S. new commercial enterprise or $500,000 in a Regional Center targeted employment area to boost the U.S. economy and create jobs.

Therefore, in order to gain approval, you must be a foreigner, able to invest a minimum of $500,000 into a qualified EB-5 project (be able to prove the lawful source of funds for this capital), and that project must create 10 jobs for qualified U.S. workers.

You do not need to have any prior business or educational experience in order to qualify for the EB-5 Program.

The EB-5 Program is beneficial for many people. It is a flexible program, so that you can continue to live and work anywhere you'd like. You can continue to run your business in your home country. You can invest in the EB-5 Program with the goal of retiring in the U.S. or attaining the opportunity for your children to have a U.S. education. You can choose to be involved in your investment, but if you rather not actively manage it, you choose not to manage the day to day activities of the investment if you choose the EB-5 Program.

  1. EB-5 FAQs: What is the difference between a conditional visa and an unconditional visa?

When USCIS approves conditional visas for EB-5 investors, they are giving them 2 years to live in the U.S. and get all of their EB-5 investment and residency requirements fulfilled. If they are fulfilled and USCIS approves them, USCIS will grant an unconditional visa, or greed card, to the EB-5 investor. A green card does not have a expiration date and it does not have the conditions or restrictions of an unconditional visa.

  1. EB-5 FAQs: Do you need an immigration attorney?

Yes, it is recommended that you seek advice and guidance from a qualified immigration attorney. An immigration attorney will have your best interests in mind. They will also be able to assist you in filing your petitions with USCIS. If you file on your own, you may risk a higher chance of being denied, or you may be swamped with requests for additional evidence. This can be time consuming and costly.  


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