Questions, Answers & Opinions

Eb-5 Immigration Process

• How many EB-5 visas are issued every year? (6 answers)
• When was the EB-5 program established? (5 answers)
• What happens if my I-829 is denied? Must I leave the US immediately? (5 answers)
• Can I purchase third-party insurance to guarantee my EB-5 investment? (4 answers)
• Can the minimum investment amount ($500,000) ever be increased? (4 answers)
• Can I appeal an I-829 denial to USCIS? (3 answers)
• What is an NTA and why is it relevant in I-829 adjudication? (2 answers)
• What is form I-924? (4 answers)
• What is the fee for Form I-526? (3 answers)
• What is the fee for Form I-829? (4 answers)
• Where can I find the I-829 regulations? (3 answers)
• Is an interview required at the I-526 stage? (4 answers)
• Is an interview required at the I-829 stage? (4 answers)
• What is the minimum required amount of capital to be invested in order to apply for an EB5 visa? (4 answers)
• What is the EB-5 Investment Visa Program? And what are the obligations of the investor who wants to participate in the investment? (2 answers)
• What is the process to obtain lawful permanent residency through the EB-5 visa program? (3 answers)
• Can my spouse and children also receive "green cards" under the EB5 visa program? (4 answers)
• How long does it take to have an I-525 approved by USCIS? (3 answers)
• Is "premium processing" available for I-526 petitions? (4 answers)
• Is premium processing available for I-829 petitions? (2 answers)
• What issues cause the most problems when applying for an EB-5 visa? (3 answers)
• What are some reasons for rejection of an EB-5 visa application? (3 answers)
• Can I apply for an Eb-5 visa if I am currently out-of-status (i.e., I live in the United States, but do not have a current visa)? (3 answers)
• Can I travel during the Eb-5 process? (3 answers)
• If a member of my family or I are already in the U.S. on another visa, do I have to return to my home country in order to obtain an EB-5 visa or permanent residence? (2 answers)
• If I was denied another U.S. visa, can I still apply for EB-5? (3 answers)
• When will my visa become permanent? (3 answers)
• Is EB-5 a truly passive investment? (2 answers)
• Regarding to the source of fund, if I have a total income of 0.9 million US dollar for last 10 years, provided the supporting documentation is available,is it acceptable to USCIS that I am capable to make a half million investment through EB-5 pilot program? what if my total income for the last 5 years is 0.7 million dollars? (4 answers)
• If I have total income of 0.9 million for the last 10 years, and my tax return for the last 5 years is available, will USCIC accept my source of fund? However, my bank statement does show my money accumulate a bit by a bit since I transfer my money so randomly for other usage or lending to my family. (3 answers)
• How will USCIS' release of materials used to train officers in adjudication of EB-5 cases affect the EB-5 community? (2 answers)
• are Iranian citizens eligble for EB-5 ? (2 answers)
• Are Iranian citizens eligable for EB-5 ? (1 answer)
• Why are Requests for Evidence "commonly necessary" for EB-5's? (2 answers)
• Hi I have read that to prove lawful source of invested funds, the applicant must provide at least the last five years of records, including tax returns and bank statements. However, say an applicant was only 20 years old and has earned the money from a fast growing successful business, but only have 2-3 years of bank records and tax returns, as the business is only 2-3 years old. Would that be sufficient prove if it firmly proves lawful source of the invested funds? (1 answer)
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• What is the premium processing fee for EB-5 petitions? (4 answers)
• if i recieve a visa eb-5 can ithen leave the us and continue to work overseas after my initial arrival to validate the visa and how long can you remain outside the usa (2 answers)
• What Due Diligence questions should I ask Regional Centers to decide investment choices? (1 answer)
• Are all the English and non-English documents submitted for the application for I-526 need to be notarized? What kind of notarization do we need (ie. notarized by US Consulate, Chinese Embassy or solicitor)? (1 answer)
• Can the investment amount be raised through angel investors or venture capitalists who are ready to back the petitioner? (1 answer)
• Is a bank loan of US$500,000 acceptable as investment funds? If so, must the investor provide evidence or explanation regarding the loan? (1 answer)
• Upon receipt of Conditional Green Card: 1. Can the investor, spouse and children work and study in US? 2. How long do they have to stay in US every year? 3. Can their stays in US accumulated (ie. accumulated from 2 or 3 trips every year) or do they have to be a continuous stay (ie. stay continuously for 6 months)? (1 answer)
• If I invest $500,000 for the EB-5 project, do I still need to show that I have a net worth in excess of $1,000,000? (2 answers)
• What is the definition of "children under the age of 21"? Is the children eligible if he or she is 21 yrs & one day old (ie. one day after his or her 21st birthday). (1 answer)
• If the investor died: 1. While holding a Conditional Green Card, what will be the outcome? Can his spouse replace the investor's position? Can the spouse and children continue to hold the Conditional Green Card and file the I-829 application? 2. While holding a Unconditional Green Card, what will be the outcome? (1 answer)
• For the "regular" EB-5 program (not the regional center route), must the investment be in a new business? Or do certain categories of existing businesses qualify? (2 answers)
• How am I supposed to "invest" funds in a regional center if I am not in the US, and have no US bank accounts? (1 answer)
• How am I supposed to "invest" funds in a regional center if I am not in the US, and have no US bank accounts? (2 answers)
• Must an EB-5 foreign investor, whether by direct investment or by regional center, live in the immediate area where his investment is being made? (3 answers)
• Even though the statute requires an EB-5 petitioner to have invested or be in the process of investing the required capital, does USCIS effectively requires the entire capital amount to be already invested and at risk in the commercial enterprise at the time the I-526 petition is filed? (1 answer)
• If the I-829 is denied, will the client be refunded $500,000 and admin & legal fees? If so, when will the client receive the refund (ie. instantly, 1 year, 2 years etc? (1 answer)
• If the money invested incurs a loss during the conditional period, will the EB5 be cancelled and we be sent back home? (2 answers)
• Can our parents join us on the EB5 visa or can we sponsor them for a green card during the conditional period of two years? (2 answers)
• What is the Administration Fee in EB-5 process that is before fund $500,000 ?and how much is the Administration Fee ? (2 answers)
• We are preparing for petition for eb5 immigration. In the meantime, we hope to apply for a F1 visa for my child to go to America. It is my understanding f1 visa is non-immigration visa and it would be objected if we have apply for eb5 visa. When is the good timing for applying both visa? would F1 visa cause problams when interview for eb5 visa and adjustment for the status from f1 to greencard. Thank you for your answer in advance. (1 answer)
• If we form a management LLP & applicants invest in this LLP and through the LLP purchase Apartment communities and directly employ 10 full time personnel per EB-5 applicant will that be acceptable form of job creation to USCIS or are they changing that also. (1 answer)
• If the child under age 21 is already in the U.S. on F1 visa, does he have to return to home country in order to obtain an EB-5 visa or permanent residency with other members of family? Can he travel abroad during the EB-5 process? (1 answer)
• If I have applied for EB-5 visa, ca my child apply for B1 visa? (2 answers)
• According to the definition of "A troubled business is an enterprise that has been in existence for at least two years and has incurred a net loss during the 12- or 24-month." When is business considered opened? is it the time an enterprise was incorporated? or when the enterprise paid the first month's rent? or it is no considered opened for business till you have payroll and sell products? In my case the business was incorporated in Aug 2009. Planning and permits took till end of May 2010. First rent was paid in June but the business was open in July 2010. What date will I be able to use to determine the if the business has been in existence for two years? (1 answer)
• My parents are moving to the US under the eb5 visa, after they employ 10 full time employees, will they be able to sponser me and my husband to work at their business on top of the other 10? So they would employ 10 american citizens, and 2 forigners. If not how would we be able to go and work for them, legally? For the purpose of running this business we need to be there to help them operate it. (1 answer)
• I and my wife and one of my children got B1 visa once some-years ago and we came back to our country Iran . Now i am investing on EB-5 project. but my child wants to go to USA during the process (waiting time) of EB-5 How is his chance to get another visa like B1 during the process of EB-5 ? or is there any special visa for persons who invest on EB-5 and they want to go to USA earlier ? And if i could not get that visa (reject) from embassy ,does it change the EB-5 process ? (1 answer)
• After obtaining the Conditional Green Card, must the family (husband, wife and children) stay permanently in US? If not, what is the minimum stay for them in the US? (1 answer)
• I am business owner in the US wanting to expand my business with EB-5 capital. I have a medical supply company that sells a wide variety of supplies and equipment. However, I have an investor that wants to create a new company that will specialize in selling massage equipment and supplies, which my company currently does. I want to eliminate the massage supplies and equipment division in my company so my friend can create his own business for EB5. We hope that creating a new business for these specific products will generate more revenue and profits. The two companies will be separate but affiliated with one another. When eliminating the massage supplies division in my company, can my friend use my fired employees from that department and hire them for his company and it be counted as part of the job creation requirement? These employees are currently under as 1099 and the new company will bring them on as W-2's. Thanks, your advice is greatly appreciated. (1 answer)
• After obtaining the immigration visa, when do I receive the Conditional Green Card? Do I receive it at the Immigration Center at the airport when I land in US? (1 answer)
• Can I check on an EB 5 project as to the number of I-526 applications are in play , and/or how many I-829 are in play to evaluate the progress/lack of progress the project is making? (2 answers)
• If I-526 is denied for EB-5 "A" project, can the investor re-apply for another EB-5 project later? If re-application is permitted, will the USCIS refer to or use the information that the investor had submitted earlier for "A" project? Or will the USCIS just review the current information submitted for the new EB-5 project? (2 answers)
• can the $500,000 investment amount be loaned to the investor? if so are there any restrictions on who the lender is? (1 answer)
• What happens if $1mm is used to create 10 jobs, but then the company, say a software startup, fails before the 2 yr period and all the money is lost? Does that impact the granting of the I-829? Or what happens if 10 jobs are created in a short term project, say a movie, the jobs end in, say, 12 months, but the movie goes on to be successful and returns the investor's money. Does that impact the granting of the I-829? (2 answers)
• What happens if $1mm is used to create 10 jobs, but then the company, say a software startup, fails before the 2 yr period and all the money is lost? Does that impact the granting of the I-829? Or what happens if 10 jobs are created in a short term project, say a movie, the jobs end in, say, 12 months, but the movie goes on to be successful and returns the investor's money. Does that impact the granting of the I-829? (1 answer)
• What if you don't care about return on investment or even return of investment, you have the $1mm, and you just want the surest, easiest path to obtaining the I-829. What is the easiest way to create and sustain 10 jobs so you pass through the I-829 adjudication? (1 answer)
• I had heard from a speaker in a seminar that the age of dependent child had been amended and lowered from 21 years old to 18 years old. Is it true? (1 answer)
• I just want to ask a question to clarify some confusion here with regards to EB-5 investor eligibility criteria. I read in some posts here that EB-5 investor has be an "accredited investor" that means that he has to minimum have 1 million dollar net worth or a high enough income. I didn't see that requirement in the USCIS site. So this is probably an oversight or misunderstanding in some posts here. Could someone please clarify. (1 answer)
• What is a conditional green card? (2 answers)
• Can you recoup your EB-5 investment if your green card is denied? (2 answers)
• Do I need to have a sponsor to get an EB-5 green card? Does this sponsor have to be related to me? (1 answer)
• Can a property mortgage qualify as an EB-5 investment? I invested $300,000 as cash down and got a $700,000 mortgage from the bank. Is this a valid investment for EB5 Category? What if I buy a $1,000,000 hotel business with the property? (1 answer)
• Can I apply for a waiver on a two year home country presence requirement if I am an EB-5 investor? (1 answer)
• Is there a guaranteed return or interest rate that EB-5 investors will get on their investment? What happens if there is a guarantee and the investment is lost? (1 answer)
• What are the most common problems that EB-5 visa applicants face? (1 answer)
• Is it possible to qualify for the EB-5 visa investment program without investing through a Regional Center? Could I invest in another existing company or start my own instead? (2 answers)
• Can funds from a parent in the U.S. be used for an EB-5 visa? (2 answers)
• Can investors from Vietnam participate in the EB-5 visa program? We know that the U.S. does not let Vietnam citizens participate in the green card visa lottery. Has this been extended to other visa categories? (2 answers)
• Does USCIS give notice of receipt to investors, or rather to their lawyers, upon receiving the EB-5 visa application? How can I tell whether my lawyer submitted my materials in time? Can I submit a request directly with USCIS? (1 answer)
• My wife and I entered the United States illegally and currently do not have legal status. I own and operate a restaurant and have accumulated wealth. Could my wife and I qualify for an EB-5 visa? (1 answer)
• Will I have to manage my EB-5 project from inside the United States? After receiving conditional permanent residency can I assign project management to someone else? Will I have to stay in the United States or will I be able to leave to go back to my home country? (2 answers)
• How do I find a qualified EB-5 attorney? (2 answers)
• Can a secured loan be used to fund an EB5 visa investment? (2 answers)
• We hear that the EB5 Investor Visa processing office is now located in Washington, D.C. with additional adjudicators. What is the estimated new time-frame for I-526 processing? After obtaining conditional Green Card approval, what is the time frame for getting a green card from the U.S. Embassy of the current residence of the applicant? The U.S. needs more investment and the creation of new jobs to support a healthy economy and they should reduce the time-frame for issuing conditional Green Cards to encourage and attract more investments. (1 answer)
• I applied for eb5 visa since 8 month and till now no answer and I want to withdraw can I do that or not . I applied for reginal centre. (1 answer)
• For troubled businesses, and counting existing employees, can the new commercial enterprise keep the same number of positions, but replace some of the existing employees with others? (1 answer)
• Is there any issue for EB-5 purposes if one has a company that is incorporated in Florida, but is doing business only in Pennsylvania? I do not want to incorporate in Pennsylvania. Is there any problem with the EB-5 program if I choose not to do so? (1 answer)
• If the I-526 is denied, what will happen to the administrative fees and legal fees charged by the Regional Center? Will the investors get the fees back? (1 answer)
• I want to invest in a troubled business. I know that in a troubled business an investor is supposed to maintain the number of employees that the business had before the investment was made. If I maintain the number of employees but replace them with my own employees (all of who can legally work in the US), am I in violation of the EB-5 program for troubled businesses? The relevant regulation (8 CFR 204.6(j)(4)(ii)) does not give me clear guidance on this issue. Thank you very much for your help. (1 answer)
• Do I need to have a sponsor to get an EB-5 green card? Does this sponsor have to be related to me? (1 answer)
• Can you recoup your EB-5 investment if your green card is denied? (1 answer)
• What is a conditional green card? I have heard that EB-5 green cards are only conditional and not like other permanent green cards. (1 answer)
• My real maternal uncle has sold his business in the U.S.A. and he wants to gift me money for EB5. Can I use gifted money from him? Or it is necessary to transfer some funds from my home country (India)? I am 25 years old and unmarried. What will my chances for getting an EB5 approved be? (1 answer)
• Can I apply for an EB-5 Visa on an E3 Visa? I am going to by applying for an EB-5 Visa in a Targeted Employment Area (TEA). If the answer is yes, then do I need to leave the country to get my passport stamped? (1 answer)
• : I currently live in China. I am planning to apply for the EB5 investor visa for myself and my family (wife and son). Once the EB5 visa is approved, am I required to reside in the US? I appreciate that I need to go to the US within 180 days upon the EB5 visa approval. Would it be OK to stay there, say just for a few days, and come back to China, after which I will only go to the US on occasional basis? My wife and son can reside in the US for the majority of the time, but not me, however I am the primary petitioner. (1 answer)
• Can I use rental income for the EB-5 Program? How Do I prove lawful source of funds For The EB-5 (1 answer)
• May I use my saved $500,000 while I am on H-1B visa to start my own business? The $500,000 will be used to start-up an IT staffing and consulting business. Although I might not use the whole amount, but will be able to create more than 10 jobs in 2 years. Will my case be approved to receive unconditional Green Card? What if I create fewer than 10 jobs in 2 years and show potential to increase job creation after some more time. Can I extend my stay? (1 answer)
• Very complicated situation here and for a few moments, I do not know what to say. I am the principal applicant for an EB-5 visa application and my I-526 petition was approved about one week ago. My file will be transferred to NVC and eventually to a US Consulate in China for further processing, the last step of which will be an interview. This process, all things considered, may take at least 6 months. On the other hand, I was accepted into a top program at a prestigious university and school starts in late August. In order to get to school on time, I will have to make an appointment for an F-1 student visa interview before August. For failing to do so would result in an involuntary withdrawal from the program. Now I really fear that I would not be able to get the visa due to dual intentions. But I feel like I really have no choice but must take a chance and see how it goes. I would really like to hear your opinions and suggestions regarding my situation. Thank you for your time. (FYI: former F-1 student, worked under OPT, never over stayed.) (1 answer)
• I notice the application for an EB5 is only a few pages long. Do I need an attorney to help me apply for an EB5 visa? (1 answer)
• I earned most of my wealth through perfectly legal sports gambling activities in the EU where I am a citizen of. However, as this kind of income is considered tax extempt in my country, it does not appear on any tax statement. Can it still be used in the EB-5 application? Would a letter from the EU-regulated gambling company I did business with be enough proof? (1 answer)
• I live in the USA. Can I gift $500,000 to my brother who is in India to qualify for an EB5 visa? And if the answer is yes do I need to transfer the funds to India, or can I transfer to a new corporation account where he owns 50% equity in the new project. (1 answer)
• How soon after receiving EB-5 approval must the investor go to the USA? That is, how long may they delay going to the USA? (1 answer)
• I own 100% of XYZ operating company in China. Rather than disburse funds from XYZ to my personal account and then use funds to make my personal investment in a new enterprise, can I make a qualified EB-5 investment by having my wholly owned company, XYZ, invest its funds in newly formed C Corp which is 100% owned U.S. subsidiary of XYZ? (1 answer)
• What if the venture I invest in drops below the ten person employment restriction? Is there a difference if this happens while I am being reviewed for a Permanent Resident card and after the process? Can my PR card be taken away? (1 answer)
• We are canadian residing overseas. Our EB-5 application was submitted last Nov. hoping for visa to arrive by fall before school starts. Apparently we were over optimistic. Now can we get F-1 visa for kids to go to school while I, the mother, get F-2 to accompany them while await for EB-5? (1 answer)

Regional Center

• What is a Targeted Employment Area and why is it important? (8 answers)
• What is involved in an annual Regional Center compliance report? (2 answers)
• What is the process to become a designated Regional Center? (6 answers)
• What is an “at risk” direct investment? (4 answers)
• What is a Regional Center? (4 answers)
• Can my Regional Center take advantage of indirect job creation by my project outside my area of geographic scope? (2 answers)
• How will USCIS adjudicate I-829 petitions that seek to utilize indirect job creation outside the Regional Center's area of geographic scope? (2 answers)
• When is the next USCIS EB-5 stakeholders meeting? (4 answers)
• Other than China, where are the other 'hot' markets for EB-5 investors? (4 answers)
• Is there a fee required for I-526 exemplar filings? (1 answer)
• Where can I get a copy of the laws and regulations of the U.S. EB-5 Regional Center Program? (2 answers)
• What is the definition of "shovel ready" for EB-5 premium processing? (3 answers)
• did most of the investors in the past receive back most of their initial capital? (4 answers)
• From time of submission of an I-924 to USCIS, what is the typical time for acceptance or rejection? I am also curious if someone could tell me the typical Finders fees, incentive fees or commissions charged by Regional Center Promoters or agents and if that is typically on a preformance basis. (2 answers)
• Can an I-924 Regional Center DENIAL be appealed? How hard is it? Is it worth it? (1 answer)
• May a Regional Center continue to build upon initial projects with new projects, i.e. introduce new enterprises in addition to what was originally planned before RC designation? (2 answers)
• If an RC considered for 20 investors, absorbs sufficient investors in say 1st year, unable to have planned desirable start, it may happen early investors (whose clocks start ticking once entered US soil after getting I-526) fail in I-829 stage in 2 years due to lack of enough created jobs, while those who join later benefit from developed momentum and succeed in I-829. Is there any precautions? Can a specific project have mixed results when it comes to I-829 applications? (1 answer)
• When a Regional Center (RC) uses an escrow account for investors’ investments, can the money be held in escrow until the investor’s conditional immigrant visa is issued or only until the I-526 is approved? (1 answer)
• When an EB-5 investor's money provides some of the funds for a business, does the EB-5 investors get credit for all the jobs saved or created? (2 answers)
• How do I know what Regional Center to invest in ? (3 answers)
• Hi. According to USCIS, a Targeted Employment Area (TEA) is defined as a high unemployment area OR a rural area. However, in the Department of Labor website of New Jersey: A Targeted Employment Area (TEA) is defined as: A rural or non-rural area that has experienced a high unemployment rate of at least 150 percent of the national average unemployment rate during a comparable 12-month period. Is there a discrepancy here? Thanks a lot for your clarification. (1 answer)
• How long do the 10 full time jobs need to exist, e.g., 1 year, 5 years? (1 answer)
• How does a United States corporation find investors to invest in their company under the EB-5 status? (1 answer)
• How much capital needs to be initially deposited with the Regional Center? (2 answers)
• Which law firm offers the service of establishing a regional center? And approximately how much would it cost for this service? Thanks. (1 answer)
• Do you need to have an EB-5 Project in order to start your own Regional Center? I want to know the requirements to start a regional center myself, and if I need to have a project ready before applying to become a Regional Center? (1 answer)
• Why does I-924 takes from targeted 4 month to 9 month? What are the reasons for this delay? (1 answer)
• Do I submit my project directly to a Regional Center? I am a real estate developer in Indianapolis. I have a project in Chicago which will develop 50 new jobs and the project total cost is $10 million. (1 answer)
• Is it possible to pool EB-5 investments (from say, 2-3 dozen investors) together and structure them as a micro-VC or super-angel fund that makes investments in hi-tech ventures? What are the possible issues that one might run into? Also, does being a Regional Center or not affect the situation in any way? (1 answer)
• How do you go about using an EB5 Regional Center to fund a project, without becoming designated as a regional center yourself? I have a business in Colorado and have researched the EB5 program. Once I find a regional center whose designation I may use, who does the reporting to USCIS and do I have to do a business plan and economic impact study to work through the regional center. What does the Regional Center have to provide the USCIS with if a third part project is using its designation? (1 answer)
• I am looking to create a regional center where the jobs would be created in a variety of urban centers around the country. Can we do a regional center for the whole US? Or can jobs created outside the region be counted toward the 10? Or what is the best approach to that? Any insights would be appreciated. (1 answer)
• If using EB5 investor capital to buy an existing hotel, does this qualify for job creation? If not, what will be the best way to structure the acquisition in order to satisfy EB5 requirements? I have read that if assuming an existing entity then EB5 does not qualify unless the property is able to increase NOI or expand business. But what if a new LLC entity is created and used to buy the asset, does that qualify for EB5 requirements? (1 answer)

Tax

• If I am already in the United States in valid nonimmigrant status, what are the tax implications for me if I receive my $500,00 as a gift from my family overseas? (3 answers)

Regional Center Project selection

• What is the definition of a 'troubled business'? (5 answers)
• How should I focus my Regional Center search? Should I only consider Regional Center's that have approved I-829's? (4 answers)
• Can a member of the Communist Party still make a Regional Center investment? (3 answers)
• What are the benefits of investing in Regional Center projects? And what are some financial risks involved with Regional Center investment projects? (4 answers)
• What questions should EB-5 Investors ask in a Due Diligence regarding an EB-5 project? (3 answers)
• What questions should EB-5 Investors ask to do Due Diligence of a Regional Center ? Will a Regional Center company and principals be in business in the future for Removal of Conditions? (2 answers)
• I want to do due diligence on the Regional Centers before making a decision to invest. This would include visits to the facilities and the management staff in the United States. How do I get a visa to enter the USA for these inspections? I live in Vietnam. (3 answers)
• Why does the Regional Center require fees from investors above the required amount of investment? Are they just ripping me off? (3 answers)
• If I invest through a Regional Center, does that mean I only have to invest $500,000? (5 answers)
• Can "Limited Partnership" be considered as a kind of security against possible higher inflation rates in next 5-6 years in the US, if the invested RC project proves to be a commercially healthy entity. In other words, if invested business market value match or exceeds inflation, can investor benefit from his/her investment at the end of investment period by at least getting day's equivalent of initial $500k investment? (2 answers)
• What are some of the newly approved Regional Center projects? And what Regional Centers have 829 approvals? I believe CMB, Vermont & Seattle do, but who else? Any insight would be great! (1 answer)
• How do I know which Regional Center to invest in to get my Green Card? (5 answers)
• I have a school investment project that I would like to make into an EB5 project to attract foreign investors. Who should I contact other than the regional centers? Also, which regional center should I select for this school? The school is located in New York State. But there are quite several regional centers to choose from. Thanks. (2 answers)
• This makes everything so comepltely painless. (1 answer)
• Do some regional centers charge a lesser fee from investors who approach them directly as opposed to through an agent/advisor? This is because in the first case, they don't have to pay the commissions/finder fee/advisory fee/or marketing fee to the intermediary i.e. less mouths in the transaction. What regional centers do that? (1 answer)
• What is the benefit of investing in an EB-5 Regional Center as opposed to going with a direct investment in an EB-5 project? (1 answer)
• If you invest in a project that purchases and then expands an existing business by more than 40%, can you count the business's existing jobs to meet the job creation requirement? (1 answer)
• The EB-5 project I invested in failed. No jobs will be created and I lost all of the administrative fees. My child is turning 21 soon, will my I-526 petition under the failed project be denied by USCIS? Is it possible that USCIS allows me to maintain my priority date while I transfer my case to another viable EB-5 project without resubmitting the I-526 again? Are there precedent cases governing transferring a case from a failed project to the viable one without re-filing? I do not want to pay another filing fee and legal fee when my source of funds petition is essentially the same. Do I have to withdraw my petition from the failed project and resubmit another I-526 petition under the new EB-5 project? If so, how can I still include my child as derivative under my application? (2 answers)
• Can a Regional Center qualify for $500,000 investors if it is does not meet TEA designation? (2 answers)
• What are the agency fees that Regional Centers charge? Does the minimum 1 million investment change depending on the projects? Which is to say, the minimum requirement might be higher for some projects? Thanks a lot. (1 answer)
• I have a project but I don't want to wait a year or so to get a regional center designation. Can I purchase an existing one? Would I need an immigration lawyer to help me in the transaction if its possible? (1 answer)
• How can a business attracts EB-5 investors? And what would the first step be if a business would like to become a Regional Center? I have a Property Management company which deals with buying of properties and turning them into an income producing product. (1 answer)
• I was told that hospitals are attractive investments for regional centers, because of the stability and numbers of jobs created. We are planning a new Children's hospital and wanted to know if we could use this program to raise capital. (1 answer)
• I would like to develop a parcel of land in Torrance into a shopping center but Torrance is not in TEA. Can I get multiple investor for my development? If yes, does each one of them need to be in their own individual entity to hire the required 10 employees or I can put them all in one company as director? Say if I get $5 million from 5 different investors for EB5, how does that work? (1 answer)
• Are there any companies/organizations that can help me find smart places to invest my capital? How would I go about finding these investment options? (1 answer)
• I want to invest in a troubled business. I know that in a troubled business an investor is supposed to maintain the number of employees that the business had before the investment was made. If I maintain the number of employees but replace them with my own employees (all of whom can legally work in the US), am I in violation of the EB-5 program for troubled businesses? The relevant regulation (8 CFR 204.6(j)(4)(ii)) does not give me clear guidance on this issue. Thank you very much for your help. (1 answer)

Visa Selection Process

• What makes the EB-5 Visa program different from the L-1 (manager transfer) or E-1/E-2 (Treaty /Investor)? (2 answers)
• What are some of the benefits of a Green card? (3 answers)
• Who should consider an EB-5? (5 answers)
• If I purchase a large apartment community and employ 10 people to run the property under direct EB-5 program, would I qualify for the EB-5 Visa. (2 answers)
• What is the difference between Regional Center and a direct investment? What are the pros and cons of each. Can the EB-5 investor be limited in the legal exposure/management of the project, such as is often the case defined by being a limited partner in an indirect EB-5 investment through a Regional Center? (1 answer)
• I currently have the money to invest but I am not in a position to run the company I invest in. Does this make me a good candidate for another program? (1 answer)

Other Visas

• Can you convert a B1 Visa to an EB-5 Visa? (1 answer)
• How long will it take to get an EB-5 if I have a B1/B2 visa? (2 answers)

Securities

• I am intending on submitting a direct EB-5 project. My attorney informed me that a PPM is required to meet the SEC exemption requirement. However, I am not offering to sell securities to any other foreign investors. I am the business owner and the only investor in my project. Do I still need to submit the private placement memo and claim exemption with the SEC? (2 answers)

US EB-5 Program v. Canadian Investment Visa Program

• Hi there, Can we give birth to a child during our CPR?what would happen to us if the I829 is denied？Your response will be highly appreciated. (2 answers)

Other

• How does a small, regional, restaurant company tap into EB5 funding for expansion to new markets? (1 answer)
• How does a small, regional, restaurant company tap into EB5 funding for expansion to new markets? (1 answer)
• Can I use EB-5 investors as business partners for my small business? (1 answer)
• Are there safe investment opportunities with Regional Centers? Do any of these have the certainty of a return? (2 answers)