EB-5 Regional Center American Immigration Group-NYRC Answers FAQs about the EB-5 Program
If
you have money to invest, the EB-5 may be your chance to obtain Permanent
Residency and later citizenship by investing $900,000 in the United States.
This Visa can open the way to live in the United States, but the application
process is not always easy. To help you, we have created a guide to the most
frequently asked questions about the EB-5 Visa with the help of American
Immigration Group- NYRC, a Regional Center headquartered in New York.
What
is the EB-5 Visa or the investment Visa?
To
encourage immigration through the EB-5 program, congress created a pilot
program in 1992. After changes in the US congress in Sept 2012 the name has
been changed to “Immigrant Investor Program.” The program provides investors
with expanded opportunities to demonstrate Job creation. In 1990, under section
203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5)
the US congress created the fifth employment-based preference (EB-5) immigrant Visa
category. Each year, the provision allots 10,000 immigrant Visas to qualified
individuals seeking Permanent Resident status on the basis that their
investment in a new commercial enterprise will benefit the US economy.
As of
November 2019, an investor seeking an EB-5 immigrant Visa through a designated Regional
Center must generally make a qualifying investment of US $1.8 million. Certain
high unemployment or target employment areas (TEA) qualify for a lesser
investment of $900,000. Additionally, the foreign investor must demonstrate
that at least 10 jobs were directly or indirectly created through the
investment.
This
program was created to contribute to the US economy and create jobs for
American Permanent Residents or Citizens. The US has been and continues to be a
favorite country for businesspeople, innovators, and professionals to immigrate
to, and EB-5 is a direct path and the easiest way to get the American Permanent
Residence.
How
long does it take to prepare I-526 petition and how long does it take for USCIS
to process it?
The
time it takes to prepare an I-526 petition depends mainly on the investor being
able to show proof for their source of funds to their immigration attorney. We
as a Regional Center will have all the documentation the investor needs
regarding the project and their investment which will be provided immediately
and our average time to review a suitability questionnaire and accept and
investor is 2-4 business days.
The
processing time for the I-526 petition currently goes from 12-24 months for
countries without retrogression and for countries with retrogression will
depend on the retrogression timeline.
Can
I apply for the EB-5 Visa if I am outside my country of origin?
Yes.
The EB-5 investment Visa program ignores your location or address at the time
of your application. There are two possibilities. If you are legally in a third
country (other than your home nation or the United States), then you can apply
through the United States embassy in that country.
If
you do not have legal status in that country (because your Visa has expired,
for example), then you can apply from that country, but you would have to
return to your country for consular processing.
Is
my investment guaranteed through the Regional Center program?
According
to the EB-5 regulations and requirements, all invested capital must be
"at-risk". The risk may be backed by membership interest or
collateral in the property, but it cannot be guaranteed.
Who
should invest in an EB-5 Regional Center?
EB-5
Regional Center investors are people from all walks of life, including
professionals, businesspeople, persons wanting to facilitate a child’s
education, and retirees. If your goal is to become a Permanent Resident without
actively managing a business, it is often less expensive and more convenient to
utilize the Regional Center EB-5 category projects where your investment funds
are placed into active projects.
Minimum
capital to apply for an EB-5 Visa?
When
you invest through a Regional Center, the minimum capital requirement is
US$900,000 when you select a project in a rural area or targeted employment
area (TEA); for all other projects, the capital requirement is US$1,800,000.
American Immigration Group-NYRC (AIG) selects all its projects within TEA
designations, to ensure that our immigrant investors receive the best
investment opportunities.
Is
it possible that all the funds invested are a gift?
Yes.
The investment must show documents to prove it as a gift and not as a loan, and
that the said gift itself did not come as the result of a loan.
What
is the Investors’ involvement in the EB-5 Regional Center?
The
EB-5 regulations require your involvement in the EB-5 Regional Center Immigrant
Investor Program. The regulations deem a limited partner in a limited
partnership that conforms to the Uniform Limited Partnership Act as sufficient
engagement in the EB-5 enterprise. However, the Uniform Limited Partnership
Act, adopted by most states of the United States, prohibits the limited partner
from actively participating in management.
Do
I have to live in the location of the project?
No.
The EB-5 Visa program allows you to maintain your Permanent Residency by living
anywhere in the U.S.
Are
EB-5 Visas available to any country?
Legally
yes. However, people from countries that do not have reliable tax and other
financial documentation will need to be more actively involved in proving the
authentication and source of investment funds to process an EB-5 Visa
application.
What
information or documentation is required from the investor?
Professional
Background: You must prepare complete biographical information for each
applicant and the principal applicant must prove the source of the investment
funds. A résumé with copies of college diplomas and other educational
certificates, if applicable, should be included. Any memberships in
professional organizations should be documented. Unless the investor inherited
the funds, the investor should be presented as a successful professional or
businessperson with a business, financial or family history that explains the
accumulation of financial net worth that is presented in the financial
information. Provide as much documentation as possible that pertains to the
career and achievements of the Investor.
Source
of Funds: Funds for the investment must come from a lawful source. Lawful
sources of funds include profits from the sales of a property, stocks or bonds,
profits from business, business transactions, gifts, and inheritances. To prove
the source of investment funds, USCIS requires five years of tax returns, five
years of bank records, proof of ownership in any businesses, financial
statements for each business and business licenses. The idea is to present a
track record of an honest course of dealing. If your capital came from a
specific transaction, such as sale of a house, inheritance or gift, you must
prove the transaction occurred, by providing an official document, such as a
closing statement or contract or other official documents. This is not an
exhaustive list of documents. Other documents may be required and vary on a
case-by-case basis. All documents included in the application must be
translated into English in a proper Affidavit format.
Conditional
vs unconditional green cards?
Under
the regulations, an investor who is approved for the EB-5 immigrant Visa
receives a “conditional” green card, which must be reissued after two years,
subject to removal of conditions. Otherwise, the two cards offer the same
rights and privileges. A conditional Green Card is a temporary Green Card valid
for two years. One year and nine months after it is issued, a three-month
window opens, during which an individual must file another application with the
USCIS to verify that all the funds have been invested and the required
employment has been created. When the conditional resident status has been
lifted, full resident status is granted, and a permanent Green Card is issued.
How
soon do I get my “Green card”?
Upon
approval of I-526 Petition:
(a)
If you are residing outside the U.S. you must wait for notification from the
U.S. Consulate in your home country to prepare documents for the Visa
interview. The purpose of this procedure is to ensure that the investor and his
or her family undergo medical, police, security and immigration history checks
before the conditional Permanent Resident Visas are issued. At the interview,
the consulate officer may address these issues and information printed on the
I-526 application, including asking the investor to summarize the nature of his
or her immigrant investment.
(b)
If you are in the United States, then you may apply for adjustment of status by
filing form I-485, and supporting documents, the application may be filed at
the appropriate office of the USCIS.
What
are the processing procedures?
The
foreign investor must complete three phases of the application process to
become a permanent US resident: Step 1 : To obtain immigrant investor status,
the foreign investor must submit a completed Immigrant Petition by Alien
Entrepreneur Form (Form I-526) to US Citizenship and Immigration Services
(USCIS) along with supporting documentation clearly demonstrating that the
investment meets all EB-5 requirements.
Step
2: If the foreign investor is residing within the US and has received Form
I-526 approval, he or she may obtain conditional resident status by submitting
a completed Application to Register Permanent Residence or Adjust Status (Form
I-485) to USCIS. If residing outside the US, the foreign investor must apply
for an immigrant Visa at a US Consulate abroad.
Step
3: During the 90-day period prior to the expiration of the conditional period,
the investor should file a completed Petition by Entrepreneur to Remove Conditions
(Form I-829) to USCIS. In this petition, the foreign investor must demonstrate
that the investment was sustained over the two-year conditional period, and the
required jobs were created. Upon approval of the I-829 petition, the
conditional nature of the green card is lifted, and full Permanent Residence is
granted to the investor and the investor’s family members less than 21 years of
age.
What
is the result of the requested number of full-time jobs not being created?
I-829
will be denied, and Permanent Resident status will be terminated.
When
can an EB-5 investor apply for United States citizenship?
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