Questions, Answers & Opinions

Eb-5 Immigration Process

• How many EB-5 visas are issued every year? (11 answers)
• When was the EB-5 program established? (11 answers)
• What happens if my I-829 is denied? Must I leave the US immediately? (9 answers)
• Can I purchase third-party insurance to guarantee my EB-5 investment? (8 answers)
• Can the minimum investment amount ($500,000) ever be increased? (9 answers)
• Can I appeal an I-829 denial to USCIS? (7 answers)
• What is an NTA and why is it relevant in I-829 adjudication? (6 answers)
• What is form I-924? (8 answers)
• What is the fee for Form I-526? (7 answers)
• What is the fee for Form I-829? (8 answers)
• Where can I find the I-829 regulations? (8 answers)
• Is an interview required at the I-526 stage? (8 answers)
• Is an interview required at the I-829 stage? (9 answers)
• What is the minimum required amount of capital to be invested in order to apply for an EB5 visa? (9 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? (5 answers)
• Can my spouse and children also receive "green cards" under the EB5 visa program? (8 answers)
• How long does it take to have an I-525 approved by USCIS? (9 answers)
• Is "premium processing" available for I-526 petitions? (5 answers)
• Is premium processing available for I-829 petitions? (5 answers)
• What issues cause the most problems when applying for an EB-5 visa? (5 answers)
• What are some reasons for rejection of an EB-5 visa application? (4 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)? (4 answers)
• Can I travel during the Eb-5 process? (4 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? (3 answers)
• If I was denied another U.S. visa, can I still apply for EB-5? (6 answers)
• When will my visa become permanent? (5 answers)
• Is EB-5 a truly passive investment? (3 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? (5 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. (4 answers)
• How will USCIS' release of materials used to train officers in adjudication of EB-5 cases affect the EB-5 community? (3 answers)
• are Iranian citizens eligble for EB-5 ? (5 answers)
• Are Iranian citizens eligable for EB-5 ? (4 answers)
• Why are Requests for Evidence "commonly necessary" for EB-5's? (3 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? (3 answers)
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• What is the premium processing fee for EB-5 petitions? (5 answers)
• Processing of self-submit Direct/Individual EB-5 Program 1 – Register a new corporation and open a business account in USA (thru travel visa) 2 – Prepare the investment capital. Cash ready to transfer to the new business account. Got the information from State of California-Business, Transportation and Housing Agency‘s report. (Where and who should contact for the official letter of TEA?) (Should I or can I wire the money while submit the I-526?) 3 – Translate and certified all documents in English to support the evidence of investment capital from business, salaries, or others legally. (Do I need to certify through lawyer only? Can I go notary public?) 4 – Prepare at least five years bank statements, tax returns, passport, birth certificate, marriage certificate, diplomas, Child’s birth certificate, criminal records, photos and the most important the legitimate business plan for the new corporation that fits the EB-5 requirements. 5 – Submit Form I-526 with the fee of USD 1500.00, business plan, new corporation, new bank account, funds transfer, letter of confirmed TEA, funds evidence (As I know this is very important part, please help that anything else that I miss? Or which part should I be careful or avoid?) 6 – Wait two or three weeks and check online for “receipt notice”. Or/and fill up the Form G-1145 along with the I-526 for email or/and text messages. 7 – After I-526 petition is approved. Go through the consular process if outside USA with require documents. Or file Form I-485, adjustment of status (AOS). Medical Examination and personal details need to provide. After successful interview, a conditional or temporary green card. (Is the waiting period around 4-6 months for I-526 to get approved or interview?) (Can I run the business in US before the I-526 approved?) 8 – If I file Form I-485 in US – waiting for approval is around 6-8 months? And cannot travel out of US? 9 – If I have consular process in my country – waiting for approval is around 6-8 months? Can I go to US with travel visa? 10 – After approval of temporary green card (two years). File Form I-829, 90 days before and provide all company’s documents from CPA, sure to meet all requirements of EB-5 (Please advice and give some suggestions what I miss along the process?) Thanks so much for the help. (1 answer)
• 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 (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 (1 answer)
• 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 (1 answer)
• 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 (3 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)? (3 answers)
• Can the investment amount be raised through angel investors or venture capitalists who are ready to back the petitioner? (2 answers)
• Is a bank loan of US$500,000 acceptable as investment funds? If so, must the investor provide evidence or explanation regarding the loan? (3 answers)
• 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)? (2 answers)
• 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? (3 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). (3 answers)
• 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? (3 answers)
• 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? (3 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? (3 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? (5 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? (4 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? (2 answers)
• 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? (3 answers)
• If the money invested incurs a loss during the conditional period, will the EB5 be cancelled and we be sent back home? (3 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? (3 answers)
• What is the Administration Fee in EB-5 process that is before fund $500,000 ?and how much is the Administration Fee ? (3 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. (2 answers)
• 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 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? (2 answers)
• If I have applied for EB-5 visa, ca my child apply for B1 visa? (3 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)
• After obtaining the Green Card: 1. When are we eligible to apply for US citizenship? 2. What is the minimum time that we have to physically stay 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? (3 answers)
• 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)
• Which of the following funds need to be proved as lawful funds? 1. Investment funds of $500,000 only 2. Investment funds of $500,000 plus admin & legal costs of $60,000. (1 answer)
• can the $500,000 investment amount be loaned to the investor? if so are there any restrictions on who the lender is? (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? (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. (2 answers)
• How much minimum net worth do I have to show in liquid funds besides the 500K investment for regional center and the fees (around 50K for legal, managment, finders fees etc) for the approval of I-526? I know that the 550K or so needs to be deposited in escrow account. But how much extra I need to have in my own bank account to show that I will be able to sustain mself after I come to US. I will get the gift of 550K from my brother who will get these funds from re-financing of his residential real state. I am 36, and I have graduate degress (in IT and Economics) and am currently working in Dubai, but the salary is very low and I don't have my own assets. Do I need to show an extra say 20K to show solvency? How much extra amount will suffice to get the I-526 approval (1 answer)
• My father has his primary residence that he had built back in 1984 (In pakistan). He had acquired his funds from his life time savings from working in several places in middle east in the 60's, 70's and 80's. He had been retired since 1986. He is 80 years old. He would like to gift me that property to me to be able to apply for the EB5 program. What kind of proof will be required to show legality of funds. Since there was no income tax in most of the places he worked (he was agriculture research scientist and did his PhD from australia in early 60;s), there no old income tax records. Any other records of income from that while back will be skechy at best. Will that be a problem to show that the funds came from sale of real state of a retired old person ? (1 answer)
• I assume when USCIS is categorically approving an Regional Center program, i.e. it's business plan, financial structure, etc., then when it comes to I-526 approval process, the focus shall only be on the investor information, and not a re-checking of RC project. In other words, is it possible that an I-526 application is rejected or taking longer processing time, due to RC project, and not the investor profile? (1 answer)
• Does using a labor leasing company or Pofessional employment Organisation still considered an creating employment under EB-5. A labor leasing or PEO basically acts as HR department which provides small busniess with workers. They do the payroll processing, payroll tax filings, wokers compensation claims management etc. They charge a fee , they take over the employees and lease them back to the company. I still see this as creating jobs. Altought I dont pay payroll tax under my company, I am leasing work force and still paying payroll tax trough leasing company. But want to know if immigration see it the same way. (1 answer)
• What is a conditional green card? (3 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? (2 answers)
• 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)
• I am hoping to obtain a green card through the direct investment route in a Targeted Unemployment Area. Planning to use a single commercial entity to invest in multiple small franchised businesses. Is that allowed? Further, can I use 2 to 3 different TEA's or only a single TEA? What if my investments location's TEA designation is removed after initial approval from USCIS? Thank you for your help! (1 answer)
• I have filed my I829 application in March 2013. USCIS rules say that a will decide in 90 days. The 90 days has past and have not heard any news. How can I request a status on my case and find out if its is being processed. (1 answer)
• I already hold a visitor visa for USA and am willing to apply for EB-5. Can i travel in and out of US at all times during processing? After my case is processed do i have to stay in US for certain period of time or i can travel freely back to my home country? (1 answer)
• Hello! I am hoping to obtain a green card through the direct investment route in a Targeted Unemployment Area. Planning to use a single commercial entity to invest in multiple small franchised businesses. Is that allowed? Further, can I use 2 to 3 different TEA's or only a single TEA? What if my investments location's TEA designation is removed after initial approval from USCIS? Thank you for your help! (1 answer)
• What would be an applicant's position if EB5 pilot program is not renewed (Sept 2015) in the period after approval of his I-526? Would all rights to obtain residence be lost? Could an investor sell his investment immediately to reclaim funds? (1 answer)
• Does an EB-5 investor need to own a certain minimum share of a qualifying company and is s/he required to participate actively in the management/control of the company? (1 answer)
• I submitted my I-526 form to USCIS and it was received almost over a year ago. I am starting to wonder if they will ever get back to me because I have not gotten any approval or rejection. Will the new US immigration reform policies affect my EB-5 application approval time? (1 answer)
• 1) I would like to know if my dad can sponsor me for the EB-5, as in put my name as main investor of the EB-5 project but when we are able to exit the EB-5 project, he gets back the monetary returns. 2) What actually happens if unfortunately the main investor passes on. What will happen to the principal investment (if and when we can get it back after getting our conditions removed and exiting from the EB-5 project)? Will the $500,000 (or whatever amount is left) be given to the main investor's spouse, the sponsor or can the main investor will it to whomever he wants to? Does this investment count as an asset or equity? (1 answer)
• I hold a valid B1/B2 visa and have planned to invest in a Gas Station in California. The Gas Station i am investing in does not fall under EB5 category as it is a running business. Can i invest on B1/B2 visa and get all the relevant documents like tax id etc? Can i stay in US on B1/B2 visa and manage my business ? Later on if i get an opportunity to invest in an EB5 eligible project, can i sell this project and invest the funds into an eligible EB5 project and obtain PR ? (1 answer)
• I prepared my own I-829 petition and it has been a really long time now. I have heard nothing back and it has been almost 8 months. Does this mean it was denied? What will happen to my money if it is? (1 answer)
• I am looking to invest in a company and get an EB-5 visa. The company I am currently looking into has a good business plan in TEA but they are not yet a Regional Center. They are asking for my investment now. Should I jump in or should I wait till they are set up as a legitimate regional center? Are they likely to be rejected as one? What would happen to my money if we went forward and then they were rejected? (1 answer)
• I am thinking about applying for an EB-5 visa but ultimately I am looking to live in New Zealand. Is it possible after obtaining EB-5 investor visa to settle with my family in New Zealand? (1 answer)
• When a Brazilian citizen receives American citizenship (or Green Card) via the EB-5, which taxes are due on their income in Brazil related to wages, retirement and financial investment, as there is no taxation agreement between Brazil and the USA? (3 answers)
• Do I have to have prior business experience to be an accredited investor according to EB-5? I have the $1million investment amount, what else does it take to qualify as an accredited investor? (1 answer)
• When it comes time to submit my I-829, how can I avoid being denied for "material change" which has evolved within my business within the two year period? What changes are allowed and which are not? What paperwork do I need to present from my business in order to make a good case? And if my I-829 is denied, will I get a chance to resubmit information? (1 answer)
• My I-526 is approved and now I have to go for consulate interview. What do they want to know? How can I prepare for this and what are they going to do during the interview? (1 answer)
• I want to invest with EB-5 regional center so that investment is reduced amount but I do not understand what a regional center is. Is a regional center a global location or a domestic U.S. location? Is it a company or does each regional center correspond to a specific project center or institution? (1 answer)
• I am 20 years old and currently have an F-1 student visa for the U.S. I want to apply for EB-5 in order to get my green card and permanent residency. Am I able to do this? Can I still continue my education the same through this process? I have the funds. (1 answer)
• I would like to come to U.S. with family under EB-5 program. Application is in process, I applied last June. My 17 year old son wants to go to American university, will he apply as U.S. resident or international student? Will we have to pay international tuition prices? (1 answer)
• I am getting ready to submit my I-829 but I have only created 7 of the 10 full time jobs. By the time the application actually gets looked some more might have been created. Will I be penalized for not having all of the jobs created? What has the USCIS in the past considered a "reasonable time" to create the full job requirement? (1 answer)
• Can a father apply for EB-5 visa for himself and his wife and also pay for their two daughters applications in 2 separate cases? Is it acceptable by the immigration authorities that 3 of them (the whole family) are applying for EB-5 visa at the same time and the father pays for all three case? Both of the daughters are above 21 years old and married. (1 answer)
• If I get my green card through EB-5 and get status as permanent resident, is it possible to also become a citizen after that through the program? What are the differences between a citizen and a permanent resident? (1 answer)
• How can I apply for EB-5 with a B1/B2 status? (1 answer)
• Does the EB-5 visa program have restrictions on the countries where investors originate? Is there a cap on certain countries? Can anyone with the investment amount be a part of the EB-5 visa program regardless of what country they come from? (1 answer)
• I have a father who wants EB-5 status and he has a wife and 2 children, however 1 child just turned 23 but is a full time student and will be for another year at least. What is the most efficient and simplistic way to get the father his EB-5 status as well as his son? If the son cannot gain EB-5 status under the father's application, what should he and the father do as the son will be working directly in the business the father is investing into? (1 answer)
• Hello, I was deported from the U.S. in 1995 trying to enter through Canada. Previously I used to have a work permit but when I tried to enter in 1995 they refused it and deported me through a court order. Now after 18 years I have gathered wealth and would like to apply for EB-5 visa. Would I be eligible to have it or not? (2 answers)
• How can I get visa as a non-principal investor? (2 answers)
• I am planning a direct investment in a franchised restaurant in a TEA. Does the investment need to be made prior to I-526 petition approval and therefore prior to entering the U.S.? It does not seem possible to start a business in the U.S. from outside the country. Further, how could it be sustained without its sole operator during the time required to get all approvals? (2 answers)
• Hi, I just graduated and am on OPT now, which expires next May. I want to invest one million to buy a company and apply for EB-5 green card for myself. Will I encounter any issue such as dual intent? (2 answers)
• My F1 visa was expired in June 2013 and I am staying in the U.S. right now. I filed my I-526 petition in February 2013 and am still waiting for the adjudicating result. Can I adjust my status here after the approval of my I-526 approval? Do I need to apply for OPT? (2 answers)
• I am the EB5 investor who is studying in US. My spouse and children are living in my home country. Can I apply for the conditional green card by the adjustment to status in the US and my spouse and child apply for their green cards via consular processing in my home country after my I-526 is approved? Thanks a lot! (2 answers)
• I'm currently on F-1 visa in United States and pursuing my Masters in Chemical engineering. I would like to obtain the green card through EB-5 investment. My dad is willing to spend the required amount of money in United States. My question would be that what is the procedure for investing the money, I mean how much money we can wire or if there is a way to invest in a certain business. Also does it matter what is the source of money that is being invested? If yes, then what are the good options to transfer that money? Apart from that would I still be able to get my green card if I invest my money with a foreign national in US who already has a green card (In Partnership but I will invest the required amount) ? Or do I have to invest the money separately and alone? Any help would be appreciated. (3 answers)
• What other roles (apart from filing I-526, I-485/CP, and I-829) can an immigration attorney play in order to help investor fulfills his goals? (3 answers)
• I intend to apply for EB-5 visa at Jan. 2014 and I have now B1-B2 visa valid until 2017. Can I enter USA (several times) at any time after I submit for I-526 using my B1-B2 valid visa until the approval of I-526 (I know it may take 6-12 months)? (3 answers)
• I had heard in a seminar that the investment funds of $500,000 for EB5 will be increased to $750,000 in September 2013. Is it true? (2 answers)
• When can I move to the U.S. during the EB-5 process? (3 answers)
• What immigration actions could bar me from obtaining EB-5? (3 answers)
• What documents are generally used to prove EB-5 source of funds if my parents are providing the investment funds for my investment? (2 answers)
• Should I have the same attorney for all EB-5 applications? (3 answers)
• How can a loan be used to supplement my EB-5 capital investment? (3 answers)
• How do you structure a gift of EB-5 funds? (3 answers)
• How can I set up a bank account to receive EB-5 funds? I will be frequently visiting the US but don't wish to be a permanent resident. I don't intent to be a permanent immigrant of USA as my projects are outside of USA. (3 answers)
• What tuition will my child pay as an EB-5 dependent? Do children of EB-5 holder can apply to any other state university other than their residence state? What will be the tuition fee? Whether he will be considered normal US citizen/student or as International student? Do he need to pay out-state tuition fee, and also provide other eligibility details (3 answers)
• What are the benefits of EB-5 escrow capital? ,Should we devote all my funds in the escrow account at one time? Or by installment? (3 answers)
• What determines where you can live with an EB-5 visa? (3 answers)
• I am interested in the EB5 visa for my family. I have many business obligations and do not have much time to spend on the visa application. I am speaking with many US lawyers to choose one for the process. How long does it take to file the I-526 form and how long until it gets approved. An estimate even. How long until I can move to USA? (2 answers)
• Once I get my I-526 approved, do I have to live in the United States permanently? All of my family is in China and I would like to be able to go back to visit them, as well as to check up on my business there. Do I have to wait a certain amount of time before I can leave the U.S./go on a vacation? Is there a limit on how long that trip can be? (2 answers)
• Do I have to meet someone in the embassy of my home country to get my temporary visa? Is there an interview? If there is an interview, what should I prepare? I'm not sure what the process is for a temporary visa and I would like to get to the U.S. as soon as possible. (2 answers)
• Can you make 10 investment of $100,000 to qualify for the $1 million investment overall? In other words, can you build a portfolio of qualifying investments in order to mitigate the risk of any one of these investments failing financially? (1 answer)
• I currently hold a B1/B2 visa and I'm seeking to create a new business in the US within the EB5 pilot investor program, specifically in the state of California. Can I proceed with the adjustment of status while I'm in the US or should I go back to my country of origin and proceed from there? How much time does it usually need to get an approval of the EB5 Visa ? (2 answers)
• I have already filed my I-526 but want to make changes to my business plan, is this possible? Will I have to re file a new I-526 or is there a way I can amend the one I have already filed? I do not want to delay the process any more than necessary. What is the fastest way to go about this? (2 answers)
• How can I invest Indian funds? (2 answers)
• How do I document inherited money? I can show my bank statements and my father's death certificate. Is this enough to prove lawful source of funds? (2 answers)
• How can I petition for my husband at a later time? Can I add only my children initially and then later when my husband can come I petition for him? If so, at what stage can I do this after the the conditional status is removed or before it is? And how long would such a petition take? (3 answers)
• How will leaving the U.S. affect my pending I-526? (2 answers)
• How do I choose an immigration lawyer? Can a foreign immigration lawyer represent me in my EB-5 process once I select a regional center? (2 answers)
• How can Canadians navigate EB-5? Are Canadians allowed to file adjustment of status (in our case from B2 status to conditional permanent resident under EB5), I thought the rule only prohibits people under Visa Waiver program. It does not mention Canadians. Can you please clarify? Is preconceived intent an issue for AOS? (2 answers)
• Can a person just file EB-5 for his wife and child since he can't file for himself because of work? If I invest the money, can my wife and child get the visa? Once my wife and child get their temporary green card, can I come to visit on a visitor's visa? (2 answers)
• What are the processing times for direct investment and regional center projects? (2 answers)
• Can I still file for the I-829 petition for Removal of Conditions if my family is out of the US? My mother is the primary applicant of my family's EB-5 visa (Regional Center Program). However, due to some limitations, all of my family, except me, has been outside the States for more than one year. (2 answers)
• What is the future of the tenant occupancy methodology? Does anyone know what happened to the Carlsson et al v. USCIS case that used the tenant occupancy methodology? Also what's the future of this methodology? (2 answers)
• How can an EB-5 investment be divided? I understand that EB-5 requires an investment of $1 million or $500k (TEA). Is this a one time investment that must occur before filing, or can this take place as a cumulative investment. And can this investment amount be divvied across multiple companies? (2 answers)
• How can an out-of-status person go through with EB-5? I entered U.S. legally as a student and I'm on my OPT right now. I'm thinking of starting a business here and I was wondering if I stay longer than my OPT "deadline" (in 2014), will I be able to go through EB-5 when I accumulate enough wealth? (2 answers)
• How can an out-of-status person go through with EB-5? I entered U.S. legally as a student and I'm on my OPT right now. I'm thinking of starting a business here and I was wondering if I stay longer than my OPT "deadline" (in 2014), will I be able to go through EB-5 when I accumulate enough wealth? (1 answer)
• Audited or reviewed Financial Statements, which one makes Form I-829 easier to remove Conditions? Would CPA firm makes a difference? Is out-of-state CPA OK? (1 answer)
• How long does an EB-5 investor have to stay in the U.S? If an investor has EB-5 visa and conditional green card, does he/she need to stay in the US for a minimum number of days in the first 2 years in order to gain a permanent green card? How about his/her dependents? (2 answers)
• What do I do if my petition is denied? Our EB-5 was denied today. Would it be possible to get it approved if we sent more evidence or whatever else they need to get more information? Will they accept it? If we apply with another case and file again, is the process still 10 months or will the time be reduced because we already did a case before it? (2 answers)
• What happened if I waited a year and my I-526 still hasn't been approved? The USCIS website still shows the date of processing time as March 16, 2012. What does this mean? They haven't approved any I-526 file since that date or they are not updating the website? (3 answers)
• What is the usual procedure to compensate an attorney for legal fees? I am considering hiring an attorney to handle my EB-5 case and I was asked to wire transfer the legal fees into a trust account. Is this normal? (2 answers)
• What sources of funds are allowed for investing in a regional center? Can the source of funds for investing in a regional center be from selling my own house? (2 answers)
• Can I take a loan to make an EB-5 investment? If I borrow money from an American friend (who can prove that her funds are from lawful sources) or from a foreign company of which I own 20%, can I use the loan proceeds for my EB-5 investment? Also, if I am not in the U.S., do I still need to show $200,000 annual income for the past 3 years or $1 million in assets? (2 answers)
• What is the current processing time for the I-526 Petition, as of October 2013? Now that the EB-5 unit has moved from California to Washington DC., what is the current EB-5 processing time? What is the likely outlook for the next 6 months? Thank you. (2 answers)
• How will leaving the U.S. affect my pending I-526? I have been in the US for 2 months. My I-94 allows me to stay 6 months. However, I plan to leave after I file my I-526 at the end of this month. I plan to return 3-months later. My problem is, the dates on my current I-94 and the I-94 number will change when I come back and will be different from the I-94 info on my I-526 application. Is this a problem? Can I leave while my I-526 is pending and come back with a new I-94 stamp/ticket in my passport and adjust status with the new I-94? (2 answers)
• How can I adjust from an E-2 to an EB-5 visa? I live in England. If I buy a business in the U.S. with an E-2 visa and we like living in the U.S., can I then apply for an EB-5 visa whilst in the US running the current business on the E-2 visa? (3 answers)
• Can someone with a criminal record engage in an EB-5 investment program? I am Indian citizen. i have a criminal record against me in Australia 2009-10 (car insurance fraud). I was convicted for 6 months there and it has been 4 years now. I have two kids and both were born in Australia, but they have Indian passports because my wife was on student visa and I had a dependent visa during that time. I just want to know if I am eligible for this EB-5 visa program please guide me. Your kind help will be highly appreciated. Thank you. (2 answers)
• Does the applicant need to physically live in the United States for the entire EB-5 process? My cousin is interested in the EB-5 program to get U.S. citizenship, but he still lives in Iraq. He has a business there that he can leave more than a few times a year. (1 answer)
• Can I move a pre-existing company to the United States for EB-5? I have had my B1/B2 visa for 10 years. I am managing director and CEO of my own company, ATP PATHCARE LAB PVT LTD, in India, dealing in specialized diagnostic testing. I would like to apply for the EB-5 and register my company in United States. I have one spouse and 2 children younger than 12 years old. How can I begin the EB-5 process and how much does the whole process cost? Thank you. (2 answers)
• Can I use gifted funds to apply for EB-5? I am interested in investing in a regional center but do not have all the required funds. Is it acceptable that my uncle provides me with the money which he would show was legally obtained? Including the $500,000 gift, my net worth would add up to around $700,000 USD, would this restrict me for trying to apply for EB-5? I don't know if this is relevant but my uncle’s net worth is way above the $1 million mark. (1 answer)
• What experts should I consult for the EB-5 process? What sort of experts do I need to hire to help me with the EB-5 process? I know I should have an attorney but do I need an accountant or someone to help with a business plan too? Can my lawyer find me other experts or do I have to find them on my own? I am living in China, can I find people in my own country to help me, or do they have to be in the U.S.? I want to apply for the EB-5 visa but I don't know how to start. (1 answer)
• How do I verify international funds? I am currently a student on an F-1 visa. If my father from Hong Kong (Chinese citizen) wires me $1 million to apply for EB-5 what documents are needed to verify this? Is it even possible for me to apply for EB-5 if I have an F-1 visa? (2 answers)
• Can a U.S. citizen lend an EB-5 investor money? (2 answers)
• How can I bring my child from a previous marriage? My I-526 petition has been approved. My current wife and son will move to the United States with me. Right now, I would like to bring my other kid (under 21 years old) from my previous marriage to the United States also. Is this possible and how can I do it? (2 answers)
• Can a recent investment qualify for EB-5? We just bought a winery and undeveloped land recently, but it was before we knew about the EB-5 program. Would it be possible to use this investment for the EB-5 program if we apply right now? If not, what steps can we take to make this investment qualify? (2 answers)
• Does the entire investment need to be made at the time of filing? (2 answers)
• Do I need to be fluent in English to apply for EB-5? (2 answers)
• How do I transition from a temporary to permanent green card? (1 answer)
• What are the requirements for education and business experience? (2 answers)
• How does the USCIS determine "good health"? I have read that one requirement of the EB-5 program is that the applicant must be in "good health." (2 answers)
• How much time must be spent in the U.S. to obtain a green card? (2 answers)
• What is the best option to make up for a deficit of funds? I'm a citizen of Russia. I am looking to purchase a business worth $1,000,000 which would qualify for EB-5 visa. I have $400,000 of my own funds and can prove that it originated from a lawful source of funds. I can borrow the remaining amount of $600,000 from my friend who is American and can prove that the funds were obtained from lawful source of funds. The other options is to borrow the money from my cousin who is a citizen of Ukraine, who has a very good credit history and can take a loan of $600,000 from a bank for me. (2 answers)
• How does a child born during the EB5 process get a green card? (2 answers)
• What would happen if the EB-5 capital quota increases when my I-526 petition is still under review? (2 answers)
• How can I bring my spouse over if I get married during my application process? I have already submitted my I-526 application, is it already too late or is there something I can do? (2 answers)
• What are the overhead costs for an EB-5 visa? I will make an investment of $500k for the EB-5 visa. What are the legal fees for the processing of this visa (government fees) and an estimated professional fee for the process? How much should I be expecting to pay for both, direct investment and investment through a regional center? (2 answers)
• How do I establish residency after receiving my green card? Do I have to buy or rent a home? What other actions can I take to show that I intend to stay in the United States? (2 answers)
• How long does it take to get a response after appealing? My family's EB-5 case got rejected, even though we were confident and proved that we are qualified to be an EB-5 investor. Immigration miscalculated the investment fee when they were calculating the exchange rate from Taiwan NT to USD. We already transferred the right amount of money out, when the immigration said it wasn't enough. It has been about 24 days and we still haven't got a respond yet. We do have some history where our visa got rejected which was about two years ago. When my mothers E-2 visa expired and our renewal was rejected. Even if we are qualified for EB-5, are there other reasons where they can still reject us? (2 answers)
• How will a divorce affect permanent resident status? (2 answers)
• Can the child of an EB-5 investor remain in school even if I-829 is not approved? (2 answers)
• Is it possible to borrow from a person who takes out a loan? Can he obtain a bank loan, which would be secured by his apartment, and then I would borrow the money from him? He cannot provide any documents to prove a lawful source of funds, which were used for purchase of his apartment since it was 10 years ago. How can I assure that this source of income will be EB-5 eligible? (2 answers)
• When is the best time to apply for EB-5? (2 answers)
• Should EB-5 money be transferred in the United States or a foreign country? If my daughter is in the United States and I want to give half a million dollars to her, should I transfer the money in the United States or have her come back to her country and give her the money there? (2 answers)
• How long I have to wait for interview once NVC foward the case to councilor ? (1 answer)
• I have won some money though betting on a sport .in my country betting is legal and tax fee. the betting company can prove the source of my winnings I even have the betting slips. I have only held it for 3 months in my bank account . would it qualify as a legal source of funds? how long should I hold it in my account to qualify ?? (1 answer)
• I ama Canadian and founder/owner of a highly successful venture (incorporated in Canada) valued in the $10MM pre-money. I am negotiating with some VCs in Silicon Valley for investment to the tune of $1MM. Is it possible that I invest the $1M raised into the company as at risk to meet the requirements of the Eb-5? Since I own almost all of the company. Would that be considered "at risk" investment? And it would create jobs in Silicon Valley. (1 answer)
• I am a Canadian and sole owner of a software company valued at nearly $10M . I am talking to some Silicon Valley based investors to raise about $2M in a series A. How can I use that investment for my Eb-5 green-card? I would need to be in the Valley to make my business successful Since I am fund-raising, technically I am selling an asset (shares in my company) and therefore meeting the at-risk requirement. Is that valid under Eb-5 requirements? (1 answer)
• How can an Indian immigrant investor transfer funds more efficiently? I am from India and the remittance amount allowed is $75,000 per year. What are methods used by Indian eb-5 applicants to transfer the necessary $500,000 dollars? Can I open a bank account in the United States and transfer money yearly until I have a sufficient amount for investment, or is there another way for paying a regional center? (1 answer)
• Is an EB-5 investment period 5 years? From what i understand, foreign investors receive permanent residency status 24 months after the initial I-526 approval (assuming that the investment meets all criteria). However, there is also a 5-year period that the investment needs to be in compliance with, otherwise the EB-5 investor could have their residency status revoked. Can somebody explain the discrepancy please? (2 answers)
• What is the process for permanent residency to U.S. citizenship? (2 answers)
• How is Form I-551 related to my EB-5 investment? I am an EB-5 investor and I have successfully passed my immigrant visa interview in a foreign consulate. I was given an immigrant visa on my passport and on that visa I saw the following sentence: "Upon Endorsement serves as temporary I-551 evidence permanent residence for 1 year". What does this sentence mean? What exactly is the I-551 and how does it affect my EB-5 status? I have landed in the United States. Can I leave this country temporarily for any reason? (1 answer)
• Can the funds used to purchase real estate qualify as part of the required capital? Instead of leasing a space and paying rent, can I buy a commercial space, say for $500K, and use the rest of the $500K to buy inventory etc. and operate the business? Would this meet the $1 million requirement? The business will occupy and use the newly purchased commercial space. Technically, real Estate investment is also "at risk", as it can go up or down in value. So I am wondering if this qualifies. (2 answers)
• How can I invest remotely in an EB-5 project as a student? I am currently a student in Boston and I am looking at making an investment in my friend's marketing company in NYC. What type of role do I need to have in the business and can I do this remotely? (I want to stay in Boston but have my investment in NYC.) (2 answers)
• Can family members adjust status while in different locations? After the approval of I-526, can one family member (a dependent), who's on F-1 visa, adjust her status in the United States by filing I-485 application, while others in the family apply for their green cards through consular processing in their home country? Will this cause any complications? (2 answers)
• When should I transfer capital into the new U.S. enterprise? Should I transfer the money immediately after establishing the company or do I have to wait for certain forms to be approved first? (2 answers)
• Can I file for advance parole after my I-526 is approved? I am currently a B1/2 visa holder in United States and my I-526 just got approved. When I file I-485, can I simultaneously file for advance parole? What do I need to do to file both of them at the same time? Also, if my advanced parole gets approved, does that mean I can return to my home country any time without running the risk of abandoning my I-485 filing? (2 answers)
• How does the I-526 backlog work? The USCIS website shows that CSC is still processing I-526 applications from Mar 2012. That is almost a 21 month backlog. Does it mean if I apply now, the processing time for I-526 is at least 21 months? How does that work? (2 answers)
• : What if USCIS denies my I-526 application but the investment was already made? According to USCIS, the requirement for I-526 is "the investment is at risk." Does that mean, for individual project, I have to invest the money first before filing the I-526 application? But in that way, what if USCIS denies the application? In that way, the business will not be setup yet. (2 answers)
• Can I apply for EB-5 while my company is generating income to fund the investment? I have a business that is on course to generate $500,000 within the next year. Do I have to wait until all that income is generated and in the bank before I apply for the EB-5? Or can I apply in the interim whilst my business is generating that income? (2 answers)
• Do I already need to have 10 employees at the time of initial investment? Should I create 10 jobs at the time of the initial investment? When does the clock for the new 10 jobs start ticking? Is there a test period for these 10 jobs prior I-829 filing? (2 answers)
• What EB-5 professionals should I consult before I apply? I plan to apply for the EB-5 visa and I want to have the best chance of being approved. I know that I should contact and hire immigration attorney, but what other EB-5 professionals are essential to the process? Also, what is the best way to find these professionals? (2 answers)
• What are the ownership requirements for investing in an existing business? I would like to invest half a million into a bakery that has existed since January 2013 and has suffered slight loss. Am I required to receive any percentage of shares? If so, is it 51% or more of the shares? Are there any other ownership requirements when investing in an existing business? (2 answers)
• How does deportation history affect EB-5? I was deported from the U.S. in 1995 trying to enter through Canada. I used to have a work permit but when I tried to enter in 1995 they refused it and deported me back to Canada through a court order. Now after 19 years I have gathered wealth and would like to apply for the EB-5 visa. (2 answers)
• What is the I-526 processing time for a direct investment? I am aware that if I go through regional centers, I would have to wait for about 12 to 16 months. (2 answers)
• How will my marriage date affect my family's green cards? I may get married after filing my I-526, and I may even have a child before I get the green card. If so, can they get a green card too if I get one? (2 answers)
• How will my juvenile record affect my EB-5 application? When I was 15 years old I received a reprimand (U.K. caution) and a few hundred bucks fine. (2 answers)
• When should an F-1 visa holder file the I-485? Shall I file I-485 right after the I-526 approval or maintain F-1 until my family's landing? During this period, can I travel internationally? (2 answers)
• Is it possible to adjust my status after submission of I-526? I want to know if I can apply for a green card through the 1-485 application for adjustment of status as an Irish citizen after submission of my 1-526 petition. I want to do this because my passport permits me to stay in United States for no more than three months at a time. (2 answers)
• When should I transfer capital into the U.S. enterprise? I am planning to establish an enterprise in the U.S. to apply for an EB-5 visa. What is the deadline for transferring the capital from my country to the U.S. enterprise after establishing the company in the U.S.? (1 answer)
• How can I use lottery winnings as a source of income? (2 answers)
• Can I bring my family into the U.S. before my EB-5 is processed? (2 answers)
• How can a Chinese investor transfer funds more efficiently? Is it okay to have friends or family to transfer funds for me? What type of professional should I speak to about this? (2 answers)
• How can I apply for EB-5 if I am out of status? I entered the country with F-1 visa in 1992, and have fallen out of status for a couple of years now. Would I be able to adjust my status if I invest in a business and apply for EB-5? (3 answers)
• How can I use U.S. financial institutions when applying for EB-5? For example, can an investor borrow money from a U.S. bank or open up a credit line for a business? (2 answers)
• How can I invest funds prior to visa approval? I am planning on a direct EB-5 investment in a franchised business such as McDonalds. How can one be expected to invest a majority of the investment requirement prior to visa approval? Is it possible to invest a smaller amount and demonstrate some type of commitment to invest the remaining amount subject to visa approval? (2 answers)
• Where are the employment-based I-485 cases generally processed at? Are all the employment-based I-485s adjudicated at the California service center? What is the current processing time? Will it be faster for an investor who has already had the I-526 approved to attend the interview in a foreign consulate instead of adjusting his/her status in the United States? (2 answers)
• What is the level of scrutiny by USCIS at the I-829 phase? For example, what issues may arise if the approved construction budget is roughly adhered to, but savings in one area of construction are applied to overages in another area of the construction budget? What steps might USCIS take if aspects of the construction budget runs over our original budget submitted to USCIS? (2 answers)
• How much money should I have in escrow to file and secure I-526 approval? I know I have to be in the process of investing, but what does this actually mean. I am afraid to commit my funds before I know if my I-526 will be approved. What else do I need for an I-526? (2 answers)
• How do I utilize EB-5 funds as an equity investor? I want to gain an understanding of the EB-5 investment program from an equity investors perspective. For example, in China, we are looking for equity investors to get a project started through a regional center. How can I find information such as: 1) How long does it take to acquire the funds for EB-5? 2) What proportion of a project makes up loan, equity and EB-5? I wish to make a return on investment rather than gain access to the United States. (2 answers)
• What happens to my investment if my I-526 is approved but my immigrant visa is denied? Will I get my investment fund refunded? What should I do to make sure I get my money back? (3 answers)
• How can I transfer funds from Sri Lanka? Have there been any EB-5 investors from Sri Lanka before and if so, how did they transfer money out? Also, I have been working in the UAE for 14 years and earned $4000 per month. I bought properties from the earning in Sri Lanka and I can sell it to earn the required $500,000. Would this be suitable for EB-5? (2 answers)
• Does my entire family need to be included in the EB-5 application? I am thinking about immigrating through EB5 investment, and my husband will stay at our home country to take care of his business. Do I need to submit a copy of the marriage certificate if my husband is not applying for a green card under my application? And will USCIS question my marriage status during interview if my petition is approved? (3 answers)
• Should I maintain my current immigration status? My I-526 just got approved. Should I maintain my F1 immigration status? What could happen if I take a three or four month break before filing my I-485 petition? Should I be concerned about staying at an F1 status for too long? (3 answers)
• Can I use retirement funds for EB-5? I have funds in a 401k retirement account. What is the process for using these funds toward an EB-5 investment? What kinds of penalties, if any, can I expect to pay? What should I keep in mind regarding the documentation of the legal source of my retirement funds, or other documentation? (2 answers)
• How long do I need to stay in the United States to keep my CPR status? How long do I need to stay in the United States each year to keep my conditional green card? My business is located in China, and I need to stay there for a long time. Also, how can my dependent go back to China to study without losing conditional permanent residency status? (3 answers)
• What is "Aging-out" issue in children of principal EB-5 investor? My child was 6 months short of 20 years old when my I-526 filed with USCIS. With current Processing times, he will be older than 21 years, and by the time we may get consulate interview to get visa he might be 22, and permanent green card 24+, etc. Would there be any concern in this regard which needs my special precaution care now? (2 answers)
• After an I-526 petition is approved from USCIS, can a foreign investor submit I-526 petition again through different EB5 investment opportunity? The first project looks like not to create 10 jobs and there is chance of denial in I-829 petition. (1 answer)
• I heard that to qualify or get the case approved for direct investment ($500,000), i have to have hired some employees and rented the space, furtnure, etc. otherwise, the case will have hard time to be approved. i'm not very sure if this is correct, please help. (1 answer)
• Does anyone know any information about how many Vietnamese investors have been able to successfully invest in US EB-5 projects? Someone recently told me that so far ONLY 2 Vietnamese have successfully been cleared to invest by the government. Can this possibly be true? (1 answer)
• How can EB-5 investors pool money? What is the process for EB-5 investors to pool money to invest in multiple businesses across several industries? What are the risks and benefits of pooling money like this, and what are the restrictions? Also, how can an investor withdraw his or her initial investment after two years to invest in other businesses? (2 answers)
• What documents do I need for EB-5? I am alone in the United States as a tourist, on a B visa, and I want to apply for EB-5 using a lawyer. What kinds of personal documents do I need? Also, I understand that USCIS requires bank statements to show the source of my funds. Can I use my online banking to pull the bank statements while I am in the United States? What else will I need? I just want to make sure I carry the proper documents when I decide to apply. (2 answers)
• Do I have to invest the total amount at once? I'm planning to invest in a new business related to sports and entertainment. At the beginning, I would invest around $300,000. I would not create 10 full time jobs right away, but I would give a lot of business to other companies in the area. Then, if the project does well, I would create more jobs and be able to invest more money later. How can I make this business model work for EB-5? What would I need to do? (2 answers)
• How much will the EB-5 program cost? I am alone in United States and have all the documents required to apply for the EB-5 program. I would say I am a straight-forward case. How much will the total attorney fees will be from start: I-526 until removal of conditions on my green card (I-829)? What other costs should I be wary of? What is the general estimate of what I will have to spend? (2 answers)
• What is the normal processing time for I-485? An attorney submitted my I-485 application in June of last year, but I still haven't received my interview notice yet. What is the normal processing time for this? What are some reasons why I have not even received my interview notice? (2 answers)
• How can I apply for EB-5 as a permanent resident of China? I am a foreigner with permanent residency status in China and married to a native from China. I have two kids, and the oldest is now studying in the United States. We are planning to immigrate to the United States through EB-5 (by going through a regional center and making a $500,000 investment). How should I proceed? How will it change the process with my wife and I being from two different countries? (2 answers)
• How can I loan my son money for EB-5? My son and I are both Canadian citizens, currently living in the United States on E-2 visas. I want to loan my son $500,000 to make an EB-5 investment. How can I make this work? What kinds of documentation will I need for this case? (2 answers)
• After how long can I move to the US? After I invest the full amount needed for EB-5, and apply for my EB-5 visa, how long will it take for me to be able to move my family to the United States? How can I make sure my kids will be able to study in U.S. public schools (i.e., will they need to apply for student visas while we wait for EB-5 approval)? What can I do to expedite the process of being able to move to the United States? (2 answers)
• How will a prior denial affect I-526 processing? My I-526 was denied due to project problems (regional center based investment). If I plan to reapply with a different project, how would the processing time be affected, as my source of funds is already approved? What other changes in I-526 processing could I expect? (2 answers)
• Can my spouse get a job while I do EB-5? While my family has conditional permanent residency in the United States, under EB-5, my spouse wants to have a corporate job. What kinds of jobs could my spouse have with conditional permanent residency? What requirements are there to get a job? Also, how much time will it take for me to get my permanent green card? (2 answers)
• When in the EB-5 process is a child's age considered? I have a son who is turning 21 years old in February of next year. If I apply for the EB-5 visa as soon as possible, will my son be qualified to receive his green card? In other words, does the age of my son count for the time that I filed my I-526, or not until I receive my conditional green card? Is my son in danger of aging out? What can I do? (2 answers)
• How long is the EB-5 process? How much time does it take to get the green card under the EB-5 visa after all the funds are available to be transferred? How long is the process from that point onward? (2 answers)
• How do I transfer money out of China? To obtain an EB-5, the investment must be $1 million or more, but there are capital outflow restrictions for sending money out of China. How does a Chinese investor get $1 million out of China and into the United States to make the investment? (2 answers)
• How soon may my I-485 be approved? My I-526 was approved in August of 2013, and my I-485 was filed in September of 2013. I received my employment authorization document and advance parole card before Christmas. How soon I can get my I-485 approved? My case is in the California Service Center. It seems to me that the process in foreign consulate is faster than in doing adjustment of status in the United States. Why is that the case? (2 answers)
• How can I find projects and attorneys who can speak Vietnamese? I am a Vietnamese investor. I am looking for an EB-5 investment project in the United States. However, my English is not very good. Which projects or attorneys can speak to me in Vietnamese? How can I find them? (2 answers)
• How restrictive is the medical screening for U.S. immigration? I will be turning 21 on the 18th of January 2015. What potential implications for my family's EB-5 immigration will this cause if my father is the primary applicant of the EB-5 visa? My dad underwent angioplasty with a stent put in as a result of an angina attack once; he is now healthy, but also has Type 2 diabetes. Is this any cause for concern in terms of the medical screening process for U.S. immigration? How restrictive is the medical screening? (2 answers)
• How can I make an earlier investment qualify for EB-5? I am a partner for a company in Asia. In October of last year, my company invested $1.5 million in a real estate project in Texas. Since then, we have hired 20 employees already, and I am the sole owner of the U.S. company. How can I apply for the EB-5 category now with that investment? What premium processing options do I have? (2 answers)
• How can a same-sex couple qualify for EB-5? I am a gay person in Taiwan with a Taiwanese partner. We have a nine-year-old son who is under the custody of my partner. My partner and I have no legal relationship now. How can we three apply to immigrate to the United States as a family? (2 answers)
• How will I do day-to-day management? I am currently on an E-3 visa. I am planning to invest $1.5 million in a new commercial enterprise. What will be my immigration status while my I-526 is under process? As the regulations say, I am supposed to be actively involved in-day-to-day activity for the business. How will that be possible without a valid status? (2 answers)
• How can a non-accredited investor use the EB-5 program? How is it still possible to invest in a regional center even when you do not have "the accredited investor status?" An accredited investor has a net worth which exceeds one million or has a certain degree of annual salary. I currently have the required funds, which just about exceed the $500,000 USD needed to invest, and also the money required to hire lawyers and pay any fees requested, but do not fit in the definition of an accredited investor. (2 answers)
• What if the created jobs aren't permanent? I can get the I-829 as long as a EB-5 Regional Center creates 10 job positions indirectly. But if the EB-5 project finishes, the 10 jobs position will disappear; in this situation, can I remove the conditions on my permanent residency? How long do the 10 jobs have to last? (2 answers)
• What are restrictions on conditional permanent residency? What are the differences between conditional permanent residence and permanent residence? More specifically, if I got the conditional permanent resident card, how could my parents apply for a B-2 visa and visit the United States? (2 answers)
• How can I bring children from a previous marriage? My fiance and I will marry soon and will be applying for an EB-5 visa. She has two children from her previous marriage. They are both under 21 and unmarried. I don't think the biological father will allow for me to adopt them, but he does agree for the children to live here in the United States with us. What are my options? What problems could we have bringing the children to the United States? (2 answers)
• How can I make my EB-5 investment work? For my EB-5 project, I am planning to buy a company for about $600,000. It it in a targeted employment area and has a dual portfolio: the company develops software and does medical billing, as well as invests in properties. How would it be possible for me to buy that company and through that corporation invest my money in real estate and operations/growth of the company? Most of the jobs will be made in software development, but most of the investment will be in real estate. How can I make this eligible for EB5? (2 answers)
• What are the specifics of getting citizenship? I have a few questions about the green card and citizenship. Is the attorney sending the I-526 to USCIS electronically or using regular post? After removing the conditions on the green card, why is the green card only valid for 10 years? What will happen if someone has a green card, but is not interested in becoming a U.S. citizen? And what will happen if the person applies for citizenship and the application is denied? (2 answers)
• When during the EB-5 process do I have to be in the United States? I am currently not residing in the United States and am interested in investing in the EB-5 program. Am I required to travel to the United States to open the escrow account, or can my attorney do it for me? Besides the interview, would there be any stage of the EB-5 application when I would be required to be in the United States? (2 answers)
• What are common reasons for delays or rejection of EB-5 applications? What are the most common reasons for delays or rejection of EB-5 applications? How important is it for an application to know fluent English? What tests are there, if any? (2 answers)
• How can I abandon my residence without affecting my parents? I received my green card through my father after he applied for an EB-5 investor visa. We have a pending I-829 (to remove conditions on our green cards). My father is the principal applicant, and my mother and I are the derivatives. I (the derivative) want to abandon my green card and pending I-829. How can I do this without affecting my father and mother's pending I-829 application? I want to leave the country, but my mother and father still want to stay in conditional residence. (2 answers)
• Why has my I-829 been pending for 13 years? I came into the United States in 1999 after my father received his green card through the EB-5 program. We received a two-year green card and requested a removal of our I-829 condition in 2001. It has been over 13 years now, and our I-829 is still pending. Since my father was the petitioner, my brother and I are his dependents in this case. I have been going to the infopass appointments every year to renew the conditions on my green card, since it expires every year. How can I move forward with this case? I recently married my wife, who is a U.S. citizen, and applied for an I-485 to adjust my status so that I can be under her case. However, after my interview, I was denied since I already have a green card. Additionally, my father plans on retiring overseas and removing his green card. How will that affect my brother and my status here in the United States? (2 answers)
• How can I invest in houses as a construction company? I want to apply for an EB-5 visa. My daughter is 24 years old. How can I ask for her to be included on my EB-5 visa? Also, I am interested in investing by myself. Is it possible to invest as a construction or real estate company and rent some houses? How can I make this work for EB-5? (2 answers)
• How can I sponsor elderly parents as my dependents? We are a young family; my wife and I and five-year-old twins will apply for EB-5. How can I sponsor my mother as a dependent on my application? She is 78 years old. My wife and I are Indonesian passport holders, but my children are New Zealand-born, and so are citizens of New Zealand. On the other hand, my mother is Australian. How will this all factor in? (2 answers)
• How can stepchildren be included in an I-526 petition? I would like to apply for EB-5. How can I include my stepdaughter from a previous marriage (her husband died long ago) in my petition? What kind of documents do I need to submit to show that she is my stepdaughter? (1 answer)
• When does it become too late for a minor who is close to turning 21 to receive a green card through a parent? My husband, my son and I want to apply for green card through Eb 5 program, but our son will be 21 years old this September. I wonder whether my son can get green card in time? (1 answer)
• How will over-staying a visa many years ago affect my chances to participate in the EB5 program? I am a Mexican citizen, and about 26 years ago when I was 32, I over-stayed my visa and used the name of a friend, who is a U.S. citizen, to get a license to drive. I have heard that my EB-5 application would be denied for my actions all those years ago because that would be seen as impersonating a U.S. citizen,, which would be grounds for denial of my EB-5 application. How will my actions all those years ago impact my ability to participate in the EB-5 program? What options may be available to help me participate in the EB 5 program? (1 answer)
• How can new ventures get exposure to potential EB-5 investors? I am an attorney with small business and startup clients that would like to connect with investors and get funded through this program. Also, what are the average costs legal and otherwise to complete this process with the USCIS? Finally, if you are located is a TEA approved area, do you still have to submit economic data? (1 answer)
• How can I apply for an EB-5 visa after my husband's H-1 visa has expired? My husband had an H-1 visa, but that expired on January 17, 2014. Can I now apply for the EB-5 visa program? We are still living in the United States? (1 answer)
• How will a misdemeanor conviction affect my opportunity to participate in the EB-5 program? I would like to immigrate to the U.S. next year as an EB-5 investor through a regional center. In 2011, I was convicted with a possession of drug paraphernalia, misdemeanor charge. I was given a fine of $560. How will this affect my ability to participate in the EB-5 program? (1 answer)
• What obstacles will I face in opening my own dental practice that also serves as an EB-5 investment for me? I am an overseas dentist soon to be accredited to practice within the U.S. After reading and listening to EB-5 information on the internet I am somewhat familiar with EB-5 fundamentals and requirements. My aim is to invest in a dental practice (buying into). I have been running my own dental practice for many years in this overseas country where practice standards are similar to the U.S., and I have more than 10 employees working for me. With this experience I am confident that I can satisfy the key requirements of EB-5 in a two-year timeframe. How can I determine the viability of opening or acquiring my own practice and what obstacles should I be aware of? (1 answer)
• How will a misdemeanor conviction affect my opportunity to participate in the EB-5 program? I would like to immigrate to the U.S. next year as an EB-5 investor through a regional center. In 2011, I was convicted with a possession of drug paraphernalia, misdemeanor charge. I was given a fine of $560. How will this affect my ability to participate in the EB-5 program? (1 answer)
• How involved with the company do EB-5 investors have to be? I want to open a store and a small clothing factory to sell and make my clothes. I am looking into the possibility of using EB-5 funds. How involved with management and operations of the company do the investors have to be? (1 answer)
• How can principals in a Chinese-U.S. joint venture use their project to become EB-5 investors? I am working with a U.S. company that is a joint venture partner with a Chinese heavy equipment manufacturer. The principals of the Chinese company, including myself, have expressed an interest in becoming EB-5 investors and using the joint venture for their investment. Are there any potential issues that we need to be aware of? (1 answer)
• How can I use money earned in the U.S. toward an EB-5 investment? I am in the United States on an H1-B visa and am considering applying for a visa through the EB-5 investment program. Do the funds need to come from my country of origin or can i use the money I have earned in U.S. to fund my application or project? What steps can I take or actions should I avoid if I want to use these funds for an EB-5 investment? I have tax records for the past four years. (1 answer)
• How can an existing foreign business be transformed into a new venture for EB-5 purposes? I have a travel and tourism company in my home country. I would like to open up a branch office in the United States and use that for an EB-5 investment. What steps would I have to take to make sure that this would be considered a new business considering the company already exists outside of the U.S.? (1 answer)
• How can a corporate spin off qualify as an EB-5 project? I have a client that is spinning off a division from a corporate parent. They are seeking an EB-5 investor under the job preservation or troubled business clause. The division currently has about 10 employees and may be closed by the corporate parent. They are on the verge of profitability. What considerations must be taken into account as to whether this is an appropriate EB-5 investment target? (1 answer)
• How can I determine if I have an overstay issue when I have documents with conflicting information? I entered in 2008 with a tourist visa, extended my stay and received a I-797a instead of the I-94. On the long form, the date of departure (the allowable stay) was 2009. However, on the I-797a which is the form that is actually attached to the passport, there is no date. I am still in the U.S., and my company is a federal contractor, meaning doing business with the government. I am interested in pursuing a visa through EB-5, but what are the chances that I am out of status? If I go through the process of EB-5, will I be able to adjust my status on U.S. soil, or will they know I overstayed and I'll need to go through my consulate in my country? If the latter is true, what are the chances that I will be automatically be barred for 10 years? (1 answer)
• What are the differences between a conditional green card and a permanent green card? If I receive a conditional green card through the EB-5 program, how are my rights different than someone who has a permanent green card? I want to make sure that my children can receive a public education and we have freedom to travel. (1 answer)
• How can a patent pending project be turned into a viable EB-5 project? How can I qualify for an EB-5 visa, if I have a patent pending project, with a registered LLC, along with a second party investor? The second party investor is interested in investing $1M (million) to $5M (million) dollars in my patent pending project? What steps will I have to take to make this a viable EB-5 project? (1 answer)
• How much of the capital stack for a project should be comprised of EB-5 funds? I have an aviation project in Florida. Recently, some of our funding fell through. We are looking into EB-5 as an alternative funding source and were wondering how much of the capital stack for the project should be comprised of EB-5 funds? We have put quite a bit of our own money into the project and also have some private investors. (1 answer)
• How can stock market profits be used to show source of funds for EB-5 purposes? I am from India and I am a stock market trader. I have one year of tax returns. Will I be able to apply for an EB-5 visa with profits from the stock market? All my accounts are audited for the current financial year for tax purposes. I think that justifies the source of income in a legal manner. Are there any other factors that I need to consider? (1 answer)
• What considerations should be given to omitting a spouse or child from an EB-5 1-526 petition? I understand that current EB-5 regulations allow the investor to apply for the visa for the whole family in one petition. However, due special circumstances, my wife will not be able to move in the coming four years. What should be considered when deciding to omit a child or spouse from an 1-526 petition? (1 answer)
• What are the laws and protocol related to paying a fee for being introduced to EB-5 investors? I own a start-up company and was recently approached about doing EB-5 investment financing. The consultant, who is from Brazil, has requested a $40,000 fee to introduce me to EB-5 investors. What is the normal protocol for these types of arrangements? (1 answer)
• How does timing affect an I-526 petition? With so much of a backlog and waiting period for I-526 petitions, is it the right time to invest in EB-5? Are there any reasons to believe that these issues will improve? (1 answer)
• How do EB-5 investors transfer money from China? An investor from China is having a problem transferring funds to the U.S. for his EB-5 investment. He is exploring the possibility of securing a loan from a source outside of China and having the funds sent to the investment project. Can you provide any suggestions or guidance on how to transfer money out of China? Can he use a loan from outside of China? (1 answer)
• What requirements are there for accounts which hold EB-5 investor funds? Are bank accounts associated with EB-5 investor funds considered trust accounts? What requirements, rules and regulations govern accounts in which EB-5 investor funds are held? (1 answer)
• How does USCIS view commission only jobs? We are in the process of evaluating a project to see if it is a good fit for EB-5. The project involves a new office which would include a large sales floor. With regard to the sales floor, how does the USCIS view commission only jobs in terms of job creation? The jobs could be base plus commission if needed, but we just want to understand all of the potential options. (1 answer)
• What are the issues of investing in an EB-5 project with your employer? Can I invest money with my current employer who wants to expand his current business to another state? Will there be any issues if I invest in this project while working on that project if I am currently on an H-1B visa with my employer? (1 answer)
• When must an EB-5 investor qualify as an accredited investor? I am considering participating in the EB-5 program. Can someone please tell me at what stage of the EB-5 process I need to qualify as an accredited investor? Is it when I am completing an application with a regional center, or when USCIS reviews my application? (1 answer)
• How can EB-5 funds be used to pay off a traditional lender? I have purchased an existing building with an SBA loan. The loan is currently not in default, but we have entered into an agreement to refinance the lender out of the deal. The total project will be $6.5 million of which we have $1.5 million already invested. We are planning to build an entertainment complex and would like to use EB-5 funds to take out the lender and complete the construction. Can we use EB-5 funds for this and if so how much? (1 answer)
• What happens when you win the diversity visa lottery while participating in EB-5? I just managed to get my conditional green card through the EB-5 program and shortly after that I won the electronic diversity visa lottery. May I apply for a permanent green card? Is there any possibility to cancel my participation in investment program and the regional center I invested in and get my money back Is this situation somehow regulated by law or rules (DV Lottery or EB-5 rules)? (1 answer)
• How does the amount of money you invest affect your chances of having your I-526 approved? I have a criminal record, but it has been more than five years since the charges and they are not related to drugs or violence. I am interested in the EB-5 program and would like to know if the amount of funds you invest make a difference in your chances of being approved? Will a waiver be possible for example if someone was to invest $1,000,000 or more rather than $500,000? (1 answer)
• When do EB-5 funds have to enter a project in order to count construction jobs? If a hotel project starts to raise EB-5 funds when the hotel is nearing completion, will the construction jobs be counted as new job creation? What time constraints are applicable when evaluating construction jobs for job creation? (1 answer)
• What source of funds requirements are there for the project administration fee? I understand that I have to show a lawful source of funds for the investment amount $1 million or $500,000. However, are there any such requirements for the administration fee that is paid to the project? (1 answer)
• How do taxes on gifts affect EB-5 investment? I would like to participate in the EB-5 investor program and my uncle may provide me with a gift of $580,000. However, I was wondering what the tax consequences might be for me and my uncle? How might this impact my investment? (1 answer)
• What is the minimum stay requirement after a green card is issued? I have my own business and travel frequently all around the world. At times I am in another country for three or four weeks at a time. I want to participate in the EB-5 program and relocate to the United States. However, I have one concern. After the I-526 is approved and my family and I receive our conditional green cards, is there a minimum stay requirement in the U.S.? Will I still be able to travel abroad frequently for business purposes. (1 answer)
• How can an EB-5 investor invest in a non-profit project? I am from Colombia and I am interested in participating in the EB-5 program. Can I get an EB-5 visa if I invest $500,000 to $1 million in an existing private school in Texas (new-5 years old) that is a not-for-profit organization that is growing and creating jobs? What are the additional rules or regulations that pertain to investing in a not-for-profit project? (1 answer)
• How can part time jobs be aggregated for EB-5 job creation? I have a restaurant business and I am looking to open another location. The restaurant would create a fair number of jobs, but many of them would be part time. I know that for an EB-5 visa applicants investment to qualify, the 10 jobs have to be full time. Is there a way to aggregate part time jobs to qualify for EB-5 job creation? (1 answer)
• What is the minimum job requirement for an EB-5 investment in a failing business? My Israeli friend, who has a Romanian wife and three small children, would like to relocate to the U.S. from Romania and is considering the EB-5 program. He has a BS in Business Administration from a U.S. university and was the CFO of two major casinos for eight years, one of which he was also the CEO. He is a consultant in Europe at the moment. He has no U.S. employer and would prefer to start or buy a business. If he decides to save a failing business as an investment option, I understand there is no 10 full-time employee requirement, only that the business maintain the same number of employees as before, is that accurate? What if the business only had one employee and it saw losses of 20 percent over the last two years? What documentation is needed to prove that a business is failing? (1 answer)
• How long does a new business have to receive EB-5 funds? Is there a grace period for taking on EB-5 funds when starting a new business? For instance, is there a 12 or 24-month eligibility period for a new business to take EB-5 funds? (1 answer)

Regional Center

• What is a Targeted Employment Area and why is it important? (10 answers)
• What is involved in an annual Regional Center compliance report? (3 answers)
• What is the process to become a designated Regional Center? (8 answers)
• What is an “at risk” direct investment? (5 answers)
• What is a Regional Center? (5 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? (5 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? (4 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)
• Can a non-US Citizen be a partial owner of a Regional Center? I have been looking for this answer, but I am unable to find anything concrete. The scenario is such: a currently approved regional center is looking to amend its business plan and expand its geographic boundary. As part of the new plan, the regional center will be adding a non-us citizen as a partial owner and giving him a spot on the management team. This non-us citizen will not be investing in any of the projects and will solely be involved in the management, due diligence, and other general tasks required of the regional center. In some cases, I know the USCIS doesn't like to see foreigners owning a US company that is in charge of getting Visas for non-US Residents. However, in this case, is a non-US citizen allowed be a partial owner of a regional center, but not invest in the projects? Your answer if much appreciated. Thank You. (1 answer)
• How long do the 10 full time jobs need to exist, e.g., 1 year, 5 years? (1 answer)
• Is there a minimum time period or a typical time frame for the durration of the investment, i.e., when can the investor cash-out on their investment? (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)
• What is the current market in China for marketing an EB-5 offering with an early release of escrowed funds prior to each Investor's I-526 approval? Is it necessary to wait for each Investor's I-526 to be approved before releasing their funds from escrow? Are there plausible compromise solutions such as 1. Waiting for the 1st I-526 approval from a subscriber before releasing all Investors' funds in escrow (to demonstrate USCIS project approval) and/or 2. Releasing a portion of the escrowed funds, such as 80%, and keeping the remaining 20% in escrow until each individual Investor's I-526 is approved (in order to have a reserve to repay Investors who have denied I-526s)? (1 answer)
• I have a company that is incorporated in Florida. However, my principal place of business is in Pennsylvania, and I don't do any business in Florida. Under these facts, is there a problem with the EB-5 program if I keep the Florida incorporation? (1 answer)
• Why do Regional Centers use mezzanine financing? Isn't mezzanine financing risky? (1 answer)
• Can a regional center, or those working on its behalf, charge a commission (i.e. 10%) on top of the $500,000 investment made by the person seeking the EB-5 visa? (1 answer)
• If our business plan is to build and open a hotel, what specifically can we count as an indirect job if we become a Regional Center? Do construction jobs count as direct or indirect? If we hire consultants, do those jobs count for the total of 10? Does it matter how many of the jobs we create are direct? (1 answer)
• My business currently works developing nursing homes and assisted living facilities. The EB-5 program looks to be a good way to get funds and investors for these kinds of projects. Would it be best to present my proposal to an existing regional center and collaborate with them or can I make my business a regional center? What is needed to become a regional center, is it ok if it's only a 1 year old business? Is all the hassle worth the RC authorization? (1 answer)
• Is the EB-5 Adjudications Policy Memorandum that was just released going to make it easier for potential Regional Centers to be approved or just making it easier for existing RCs to add new geographic locations and industries? Is the amendment process just being thrown out the window? (1 answer)
• I have an green energy project I've been trying to get up and running through EB-5. I need to count indirect jobs but it takes so long to get approved as a Regional Center so I could count them, I don't have the time. Can I buy a Regional Center? In the long run, is it better to buy a Regional Center or simply work in junction with one? (1 answer)
• Does USCIS provide any foreign investor leads to Regional Centers, i.e. when foreigners seeking Green Cards against investments make inquiries directly with USCIS, how does USCIS handle those inquiries; does it (1.) refer prospective investors to Regional Centers? If no (2.), what is the disposition of such inquiries? If yes (3.), what criteria is used to determine which Regional Center such inquiries will be referred to? Please provide, or point me toward a list of Features and Benefits (as well as negatives, if possible) of becoming a USCIS Regional Center. I operate a boutique hedge fund which conducts most of its business cross-border and have worked nearly exclusively on this basis for > 20 years. (1 answer)
• Assuming company headquartered in the US and majority shares held therein, might a Regional Center have the right to invest in projects outside US jurisdiction? (1 answer)
• I need to show that I have the 10 full time employees for EB-5, what qualifies as full time according to USCIS? I currently have 20 employees and they all work 30 hours a week. What paperwork do I need for each employee? (1 answer)
• As a regional center, to represent our projects to licensed overseas brokers, are we required to have a U.S. securities license? And if so, which series of license is required? (1 answer)
• I have a project that I believe qualifies for EB-5 investment. How do I go about advertising my project? (1 answer)
• We are currently looking at leasing a center while waiting for I-924 approval. We have heard that leasing-a-center can add additional delays to I-526 applications. Knowing that the first I-526 will have the business plan and economic analysis whether it's through our own center or one we lease, are there any extra delays to leasing-a-center as opposed to using our center once approved? It seems like the I-526 will go through the same process, whether is through a center we lease or though our own, so if we lease a center then we could potentially submit our first I-526 sooner than waiting for our center to be approved. It will be a year this December that our I-924 has been pending. (2 answers)
• I am interested in finding a location to open a business for a direct EB-5 investment and I would like to do it in a TEA so my investment can be lower. How do I find out where the TEA's are in a given state? Is it public record or is that something I need to calculate myself? (3 answers)
• We do community care business, we serve developmentally disabled and mental illness clients. And we accepted 2 EB-5 investments already. 1. Is it possible we can be a regional center? 2. Do our facilities need to be in a TEA area if we are a regional center? 3. Can we be a regional center before we control any facilities? Thanks (2 answers)
• Is the particular city and state in which I am interested in developing my business a TEA? (2 answers)
• I have a Regional Center in Florida. Can I sell it? (3 answers)
• How are full time equivalent positions counted by USCIS in an EB-5 visa? (3 answers)
• If a project requires bank financing along with EB-5 investor capital how do you present the EB-5 capital to the bank, or structure the project to consider EB-5 capital as equity into the project? Do banks consider the EB-5 capital as a loan since it’s not secured? By utilizing and counting EB-5 capital we are trying to achieve bank financing LTC of less than 55% per project! (2 answers)
• Our non-profit works as a business accelerator and we give grants to entrepreneurs with innovative and sustainable ideas. We would be interested in attracting foreign investors in our area and would like to become an EB-5 Regional Center. Could you tell if we could qualify? (2 answers)
• Does construction of my EB-5 project have to last at least 2 years? It requires only one year for construction. So we are wondering whether it will qualify for the EB5 standards? (2 answers)
• How can EB-5 serve asset light companies? It looks like most are development projects that are perceived to be a safer for the investor. I have an asset light healthcare service company and am wondering if the EB-5 program would be an option to raise capital to fuel growth plans. (2 answers)
• How do payments work for immigration lawyers? I have an EB5 project that I am looking to make plans for. I want to find a lawyer who can help make plans, verify through economists that things will work, and get the project in front of the right people. (2 answers)
• What is the definition of "relative" in regards to the 10 job requirement? My client would like to hire two extremely distant cousins (through marriage), for which he wants me to form an LLC. Would they be included in the 10 minimum job requirement? (1 answer)
• Is there a premium processing alternative available through the USCIS for EB5 regional center applications? (1 answer)
• How do I find EB-5 investors? I am looking for multiple investors for a large project in Tennessee. It is in the hospitality industry. What do I need to do as the person "looking" for the investors? How do I find these EB-5 investors? (2 answers)
• How can I form a regional center without the start-up capital? I have been reading and have found that the start-up costs for an EB-5 Regional Center are between $75,000 - $175,000. I have a great concept for a project for a regional center and have some possible EB-5 investors lined up, but unfortunately I do not have the amount of capital that is needed to form a regional center. I have approximately $15,000 and am looking for a law firm that would work on contingency or on a deferred payment basis. If you can refer me to someone it would be highly appreciated. Thanks. (2 answers)
• How is an EB-5 investment distributed in projects? I am asking this question from a company located on Oklahoma State University’s campus and we are very interested in the EB-5 program. We provide a lot of financing for university research-based start-ups and are taking a look at the EB-5 program as a potential source. In order to better inform our board of directors about the program, we are searching for some information on the breakdown of the total investment into the United States from the program. For example, what percentage of the funds goes to strictly just project financing, “bricks and mortar” projects so to speak? How much of the funds actually go to start-up companies, or what percentage of the funds are used to actually start a company? I have been searching for this information and was wondering if you had any insight on the topic, or maybe could point me in the right direction as to where I could find it? (2 answers)
• I am a real estate agent and have a chinese investor that wants to participate in EB-5 program, either via a regional center or direct investment. Is it legal for me to make a commission on the funds contributed to the regional center? If so, what is standard practice on fees paid? (1 answer)
• How does an EB-5 investor get paid? Who pays the investor back? Is it the developer or regional center who pays the investor? What is the process like? (2 answers)
• What is the process to setting up a regional center? . I understand that the money comes in before the investors application is sent in. Can the project use this or does it have to wait until the investor obtain the visa? (2 answers)
• When can a project use the investment capital? Can the project use this or does it have to wait until the investor obtains the visa? This would severely delay most projects. (2 answers)
• How can EB-5 funds be shifted to a different project? If EB-5 investments were successfully transferred to a regional center and their initial project fell through, are those funds allowed to be used on a different project? Would they return to the investor and would they have to start the whole application process again? (2 answers)
• What are the responsibilities of a regional center sponsor and project developer? (2 answers)
• What responsibilities or liabilities does the U.S. contractor take on by becoming involved with an EB-5 recipient? (2 answers)
• How do I apply for a regional center that covers multiple states? (3 answers)
• How can I count construction jobs toward the 10 job requirement? I am considering investing in a hotel for my EB-5 investment. The hotel would be built from scratch and would require many workers for construction that will probably be employed for many years to constantly improve the structure. (2 answers)
• Does an entire business have to be in a TEA to qualify for lower investment? (2 answers)
• How to get TEA designation in California city? The project will be in a small city in Santa Barbara County with a population of five thousand residents per the Census. The city is not designated a TEA by the CA state government to our knowledge. The city is not listed as one of the four cities in Santa Barbara county in California's List of Designated Metropolitan Statistical Areas, Counties and Cities. Based on the city's census tract, the city is not a designated high unemployment census tract using CA's list of 2012 unemployment data. The city's census tract is not directly bordering another city’s census tract per the 2010 census tract map of Santa Barbara County on census.gov. (2 answers)
• What if two regional centers use the same project? I applied for my regional center in June 2013. USCIS estimated the approval time at 9-13 months. So, I leased a different Regional Center for the project that I filed my I-526 petition with. My own regional center is using the same project, so my question is, can two different regional centers use the same project and will I have any issues at 829 stage if I use my own regional center but the same project? (2 answers)
• How is the unemployment rate determined in an EB-5 TEA? What is the definition of unemployment or how is the unemployment rate determined in a targeted employment area? (2 answers)
• What is Matter of Ho and how does it affect my EB-5 investment? I am interested in applying for the EB-5 program and during my research, I have read that my project must be Matter of Ho compliant. What exactly is the Matter of Ho and how can I ensure that my project meets that requirement? (2 answers)
• How can I list my company for an EB-5 project? I have a company based in Atlanta with 160 employees. I am considering forming a separate entity in the same industry. The plan would be to grow it and sell within 3-5 years as a way to cash out without selling my current company. Creating 10 jobs is very easy and can be done within 6 months. Is EB-5 a good option for me? It clearly would be for the person(s) seeking return and immigration. How can I begin seeking EB-5 investors for this project? (2 answers)
• How can I find equity sources for my EB-5 project? Would using an equity source instead of debt be better for EB-5? (2 answers)
• Does a regional center have to own the new commercial entity for EB-5? I was wondering how would I set up a non-profit regional center and channel investment money into the for-profit new commercial entity? Does the regional center have to own the new commercial entity, or can they be separate entities as business affiliations? (2 answers)
• How do I establish relationships with brokers? My company has recently been designated as a Regional Center by USCIS and is seeking to establish relationships with brokers and/or attorneys, as appropriate, in order to facilitate introductions with potential investors. (2 answers)
• Do regional centers make any profit off the investments? If so, do they make profit off a fixed percentage or is there a flat rate for every completed project? (2 answers)
• What are the sources of revenue for regional centers? Assuming the Private Placement Memorandum states that the expected return is say 3 percent. Is it legal for the New Commercial Enterprise (NCE) to loan the investors capital to a Job Creating Entity (JCE) at 5 percent and retain the difference of 2 percent for itself after providing the investor with his return? (2 answers)
• If the owner of a regional center goes to China and promote his projects directly to immigrant investors, does he need a license and/or register with the Chinese government? Thanks a lot! (1 answer)
• How do I obtain a request for qualifications for a regional center? I am affiliated with a local economic development organization that is interested in becoming an EB-5 Regional Center. We have done a fair amount of research around the program and would now like to put out a request for qualifications. Is there generally a standard format for such a request? What type of information would I need for a request for qualifications? (2 answers)
• How can I sell my regional center? I would like to sell a licensed regional center located in the southeast part of the United States. How would I start the process of selling it? What is the best way to find a broker or perhaps an interested buyer? (2 answers)
• How does USCIS determine if jobs have been preserved? I’m curious how USCIS interprets the preservation of jobs if EB-5 funds save a troubled business. Do they essentially look at an econometric study to see how many jobs (direct, indirect, and induced) the troubled business has and see if those jobs are maintained? What else do they do? Also, how does the investor and the regional center fit into the definition of “successors in interest to the troubled business?” (2 answers)
• What is the general cost of becoming a regional center, including fees related to hiring an attorney, economist, business plan writer and web developer? (3 answers)
• Does USCIS audit contractors at the I-829 stage? At the I-829 stage, does USCIS audit third party general contractors that were hired by the project? What would this audit entail? What objections could USCIS have if a partner in the project also owns the general contracting company, and if the general contracting company made a profit? What should I keep in mind as I document these profits? (2 answers)
• Can the EB-5 project have employees work in a non-TEA? I was wondering if my project would still quality as being in a TEA if my employees do most of their work in a non-TEA. For example, if I had a cleaning company with headquarters in a TEA, but with employees who worked mostly on cleaning buildings in non-TEAs, what problems could that cause? What do I need to know about EB-5 and TEA guidelines? (3 answers)
• How should a regional center lease itself out? What are the best practices for a regional center leasing itself to a developer? What are the issues, pitfalls, and exposures, both with legality and compliance? How does USCIS look upon a regional center that leases itself out? What are the disadvantages to leasing out a regional center? (2 answers)
• What are the requirements for the jobs created? Under the EB-5 program, what are the minimum wages a corporation needs to pay to its 10 employees? Also, how can it count part-time or hourly employees? Do all of the employees have to be full-time? What other requirements are there? (2 answers)
• How does a business use EB-5 for funding? How does a business use the EB-5 program to get funding? What are the advantages of forming an EB-5 Regional Center as opposed to renting or buying one? What are the advantages of EB-5 capital, in comparison to other sources of capital? Where do I begin with an EB-5 capital raise? (2 answers)
• How can I use pre-investment or debt-financing? We are a real estate development company looking to raise about $3 million for an upcoming residential project in Texas. We have access to a wealthy investor from China. We understand that the process for him to get a temporary visa is rather long, about four to six months. We are trying to figure out a few things. How can he pre-invest before he receives a temporary visa, and have it still be considered legitimate towards the $1 million minimum he has to meet? What sort of management does he need to do? Will he need to relocate to Texas and be involved regularly? Does he need to be an equity investor, or can we do debt-financing? We know we'll need a lawyer for the process, but this would help us get started. (2 answers)
• What is the job creation time frame? What is the time frame for creating jobs in a regional center project? More specifically, when do I start counting the jobs for the two-year window? (2 answers)
• How do I track a regional center on behalf of a project? I have brought a deal to a company that has filed the necessary paperwork with the government in regards to EB-5 funding through a regional center, and supposedly has the backing money-wise. Is there anyway to track, through the government, how far they have come along in the EB-5 process? My customer paid them an upfront fee almost a year and a half ago. They claim their I-924 applicant forms are filled out and filed, but I have no way to verify this but their word. How can I know that what they're saying is true? (2 answers)
• How can a permanent resident become a regional center principal? I want to set up an EB-5 Regional Center, but I am currently a U.S. permanent resident, not a citizen. Am I still qualified to apply to create an EB-5 Regional Center as a regional center principal? What obstacles could I have with my status? (2 answers)
• How should we attract Chinese investments? We just got approved by USCIS to make a regional center. What is the best way to raise the EB-5 funds that we need for projects? Would it be better to find brokers/finders located in China, or to open our own office in China? Why? (2 answers)
• How are jobs allocated in a mixed-capital project? As an example, if a project (within a Targeted Employment Area) costs $50 million to construct, and it takes in $5 million of EB-5 capital, does it need to create 1,000 direct and indirect jobs for the I-829s to be approved? Or only 100 jobs? Does EB-5 capital get credit for all the jobs created in a project, or just the portion of the project that was funded with EB-5 capital? (2 answers)
• How can I use contract employees? My business is such that I would need contracted employees and not direct employees. My employees would be people being paid salary by their employers, whom I would have contact with, but they would work exclusively for my company. For proof of this arrangement, I can present my contract with these companies, salary slips of the employees, and a letter from the contract companies stating that these people work exclusively and full-time on my projects. What else will I need to make this work for EB-5? (2 answers)
• Can I accept investments before the I-924 is approved? An investor wants to invest at same time I am filing the I-924; that is, prior to the regional center's approval. Assuming the regional center is approved, and the entire amount is at risk at the time of later filing the I-526, will the early investment count for I-526 purposes? How can I make this work for EB-5? If it doesn't work, what are my alternatives? (2 answers)
• How can I pay migration agencies to find investors? I am a regional center principal and want to find EB-5 investors. How can I pay licensed agents in China for finding EB-5 investors for my projects? What should I keep in mind? (2 answers)
• What are the costs associated with EB-5? I am interested in the EB-5 program and want to know more about its associated costs. What are the costs associated with opening a regional center? What are the costs associated for EB-5 immigrant investors? What do lawyers normally charge for their services to regional centers and immigrant investors? (2 answers)
• What is meant by 'permanent' job? What is meant by 'permanent' job? How long is the business expected to guarantee that the 10 required jobs will continue to exist? Also, which size is the most commonly approved project size: big, medium, or small (up to $10 million)? (1 answer)
• What do I need for a hypothetical I-924? I am trying to find out the major differences between a hypothetical I-924 and an actual I-924. If I understand correctly, if I want to I can base a hypothetical off a previously completed project. What kind of detail needs to go into the economic study on a hypothetical I-924? What are the specific things that need to be in a hypothetical? (1 answer)
• How big can a regional center be? I am looking into forming a regional center and want to know how much area a regional center can cover? I know that a regional center must be contiguous, but how much land can it cover? (1 answer)
• What funds and fees can the regional center use to operate and run the regional center? (1 answer)
• Can potential EB 5 investors be reached directly for smaller deals? I am CFO of a restaurant company. I have been doing research and due diligence on the EB5 program over the past 6 months. I find it an intriguing funding option for our company as we grow. We typically create 50 fully time equivalent jobs per new restaurant we open. We have a new restaurant that we are starting construction on in the Raleigh, NC area. I have a TEA letter from the state of North Carolina Commerce department for our project address. Now, I am looking for $1.5 million to fund the project, but the EB5 professionals and regional centers that I have talked to in this area say the raise is too small for them to be interested. Each of them need the raise to be $10mm+. I understand that the costs for a RC can''t justify a smaller raise, however, I am surprised that there it is so difficult to find EB5 investors to make the funding happen. So, my questions are is there a group / exchange where potential EB5 investors can be reached directly for these type of small deals? are there any groups or people that you would recommend that I call that have potential EB5 clients that might be looking to do a direct deal? are there any EB5 RCs that you could recommend in this area that would license their EB5 to our company so that we could do a RC deal vs having to do a direct investment deal? I had a RC in NY outline how that could work for a deal in that NY when I was evaluating a potential restaurant in NY. Thank you for your help. (1 answer)
• What are the rules pertaining to the aggregation of part-time employees for EB-5 purposes? I understand that a full-time employee has to work 35 hours a week. For example, could I have an employee that works 15 hours a week and another that worked 20 hours? What are the rules pertaining to the aggregation of part-time employees for EB-5 purposes? (1 answer)
• What recent developments at USCIS should we be aware of as we finish compiling our business plan? We are in the process of putting together business plans for two EB-5 projects, an area rug manufacturing facility and a recycling plant for metal, wood and synthetics. We already have competitor analysis, financials and cash flow analysis. We have heard that USCIS often adjusts how it prefers information to be presented in business plans. What recent developments should we be aware of as we finish compiling our business plan? (1 answer)
• How are construction and temporary jobs counted for a hotel project that takes three months to complete? I am confused about how to track the jobs created by EB-5 projects. For example, if the capital is used to build a hotel which only takes three months to complete, how are the construction jobs and temporary jobs counted? Additionally, how long do the jobs need to be maintained? How do you show evidence that those jobs are indeed created? (1 answer)
• What are the regulations governing the sale of a regional center? I am in the process of selling a regional center. Does the regional center need to be a registered LLC in the state it is operating, or can it be registered in a different state but domiciled in the state that it will be operating in? Is there a USCIS law regarding this issue? (1 answer)
• What are acceptable uses for EB-5 funds? I want to open my own business in the U.S. using the EB5 program. I am looking opening the business in Florida (Orlando or Jacksonville). I know that to qualify it needs to be a minimum investment of $500.000 and it must create 10 jobs until the I-829 is approved. My question is does the business needs to cost $500.000 or can it cost $200,000 and the remaining $300,000 be used as cash reserves? (1 answer)
• What involvement must an investor have in a regional center project? On the USCIS website, under the requirements for the I-526 petition, it says that the investor must provide evidence that you will be actively involved in the management of the new commercial enterprise (day-to-day or through policy). I have no problem being involved in my investment, but it seems that the regional centers I have talked with usually assure that no involvement is required. So, what is the level involvement that I must have in a regional center project? Would the level of involvement be different for a direct project? (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? (7 answers)
• How much does the IRS tax EB-5 investments? (3 answers)
• When will the applicant need to pay US tax? - once the applicant gets approval for I-526 - once the applicant receives Conditional Green Card - once the applicant gets approval for I-829 - once the applicant receives Permanent Green Card (1 answer)
• What is my tax residency start date? Is it at first physical presence in the U.S. on the EB-5 visa, date of issuance of EB-5 visa following consular processing, or after approval of I-526 from USCIS? (2 answers)
• How much gift tax for EB-5 capital? I have a gift amount of $580,000 from my uncle, and I need to use this gift to apply for the EB-5 visa. What are the taxes for this gift, from me and from the uncle who gifted these funds? My lawyer required my uncle to file form 907 for gift tax, and if I owe taxes for this gift, how much will it be? (2 answers)

Regional Center Project selection

• What is the definition of a 'troubled business'? (7 answers)
• How should I focus my Regional Center search? Should I only consider Regional Center's that have approved I-829's? (5 answers)
• Can a member of the Communist Party still make a Regional Center investment? (4 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? (4 answers)
• If I invest through a Regional Center, does that mean I only have to invest $500,000? (6 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)
• I want to hire an independent financial advisor well versed in EB5 regulations to help do the due diligence for me (investor) and to advise on the selection of appropriate regional center and one of their affiliated projects. I talked to a couple of advisors I found through Google search and also looked up some on this site's list of advisors. My concern is that they get their commision from the regional centers and in some cases also represent regional centers to secure funding from investors. I see that as a conflict of interest and double dipping if they are charging both the investors and the RCs. How can one find a truly independent advisor and how one knows if he/she is not being compensated to give undue favored ranking/recommendation for a RC that pays higher finder fees as opposed to ones that are really competitive in terms of past results and current project potential? (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)
• Also if there a central and reliable source of data for all regional centers and projects with their fees listed and also with their past records of successes with the petitions/investor's capital preservations/ROIs etc? In the absence of such a record, one then must rely on the RC's own posted data that could be inaccurate. How is one to verify their past claims/records ? I would like to avoid going one by one through the hundreds of RCs for that data. (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)
• We are currently working to raise funds for a real estate development project and would like to find out more about the project's EB-5 investment possibilities. The project is a $30 million, 30 acre Planned Unit Development with residential units, an Inn and Conference center, two drystack buildings, a marina and single family lots. We are looking to raise up to $22 million. How would we go about attracting EB-5 investors? (1 answer)
• My main goal is the preservation of my capital. What are the chances that the regional center does not return the principal? Do regional centers return the full principal I've invested with them at the end of the 5 or 6 year period? How often do they fail and how can I find the regional center which has no failure record? (1 answer)
• I plan to set up a franchised restaurant in a TEA. Will the amount invested in a purchased property in a strip mall count towards the $500,000 investment requirement? (1 answer)
• I own a franchised California Restaurant chain, 50 years old, and we currently have 5 profitable locations. We're looking to expand with another 100 locations. Are we able to qualify for EB-5 investments since we are an existing company but not a regional center? Can we have more than one restaurant project at a time if we get the funds? (1 answer)
• I am an investor and I recently purchased a restaurant that was established in 1985. The restaurant was closed down before I bought it, and all of its employees were discharged. I have recently re-opened the restaurant under a new corporation, but with the same DBA. I have also re-hired many of the old employees that were previously discharged. This is in a non-regional center area. First, for purposes of EB-5, is this restaurant now considered a new business created after 11/29/1990? Second, since I hired back many of the old employees, will they or will they not count as new hires for job creation purposes? Thanks so much. (1 answer)
• I will buy a company worth 1.500.000 usd. I will pay 500.000 for 51% of the shares but I will complete this payment within 4 years. Still can I be within EB-5 visa program? Thanks (1 answer)
• I am in the process of buying a store which is about $500,000 and i will be putting down half of that as down payment and the rest would be a financed. I would like to know if this investment would qualify for an EB-5 visa? (1 answer)
• I am planning to purchase an existing running business to obtain a visa via the direct EB-5 route. Do I need to maintain employment of 10 workers or do I need to create additional employment for 10 workers? Thank you for your help! (2 answers)
• I have been arranging construction loans in California for 35 years. Because of changes in real estate market I have high demand for constructions loans. Those are private loans secured by real estate and arranged by licensed California broker (also called "Hard Money Loans"). Loan amounts range between $1,000,000- $20,000,000. The loans are typically for 18-60 months. The loans creates new jobs. I estimate that for each $1 million invested, about 20 new job positions are being created, it can be documented. The return on investment is 5%-11% depending on the project and it fairly very secured. Could these investment opportunities qualify as a viable project for an immigrant investor and if so, is it likely that investors would be interested in such a business plan? (3 answers)
• I'm in the process of launching 2 companies and have an existing business. I was wondering what would be required of me as a business owner in order to complete the process with an EB-5 investor? Do I need a business plan? Financials? etc. (3 answers)
• Does the person who invests the $500,000 receive anything if the business makes profit? What does the investor receive other than the visa? Where does the profit go? (2 answers)
• How do investments in franchises usually work for places like: Dunkin Donuts, Panera, McDonalds or a Gas Station such as: Exxon or BP Gas? (3 answers)
• What will happen if the EB-5 project that I invested in fails? (3 answers)
• What do I need to qualify my business for EB-5? (3 answers)
• What qualifies as a new business in EB-5? (3 answers)
• How can I get EB-5 investors to invest in my current ongoing business? (3 answers)
• How do I choose a reliable project? I’m currently interested in EB-5 investments at a regional center, but there are more than 200 projects running at the moment. How should I choose one so I know that the project is reliable and that I won’t lose my investment? (2 answers)
• How do I choose a reliable project? I’m currently interested in EB-5 investments at a regional center, but there are more than 200 projects running at the moment. How should I choose one so I know that the project is reliable and that I won’t lose my investment? (1 answer)
• Can I invest in a home building business and be able to get a green card through the EB-5 program? (2 answers)
• What kind of projects do EB-5 investors most commonly invest in? I am working on getting investments for an EB5 project in Los Angeles, where I would be running a production company, but I am having a lot of people tell me that my risks are too high. (2 answers)
• Does buying a company with my own equity plus financing count for EB-5? (2 answers)
• How can I guarantee a green card for my EB-5 investor? (1 answer)
• What are some suggestions on direct EB-5 businesses that work? I understand the funds must be "spent". What if the business is not capital intensive? ex. janitorial services, call center etc. How can I prove the funds are "at risk"? (2 answers)
• What are the long-term results of an EB-5 investment? If I invest in a project with one company the $500,000 minimum needed for an EB-5 investment visa, what will happen to my money? 1. How long it will keep stay with the company? 2. Does it return to me? 3. Do I invest in the project or do I invest in the company? 4. If the stock of this company goes down and the project which I invest in grows, what will happen to my investment? 5. What is the minimum time for investment? (2 answers)
• What are the conditions of a co-investment and a joint-venture? 1. Can 2 individuals co-invest with 1 million USD each in a project? Will the project need twice the employee hired?? 2. Would a joint-venture with a U.S. corporation be allowed? Many thanks in advance. (2 answers)
• How many active, reputable projects are in Florida? I live in Sao, Brazil and looking to come to the United States with my wife and daughter. I'm looking for a project in Florida because we are moving there for my daughter to study in high school. Can you tell me how many active projects are in Florida? Also, who has a good reputation there? (1 answer)
• Do older franchises count for EB-5? I would like to invest in a Carl's Jr Restaurant, does a new franchise Carl's Jr qualify as a new enterprise even though the original was established in 1941 and franchising began in 1984? (2 answers)
• How do I choose an EB-5 project? I was considering making an investment for the EB-5 visa, but I was not sure if I should just directly invest in a project or go through a regional center. What are the pros and cons of each method and what should I be looking for when trying to choose a project? Also, is a regional center's track record important in choosing a project? (1 answer)
• Can I invest in multiple EB-5 projects? Is there a way to invest the USD $500k to qualify for a EB-5 visa by investing USD $100k in 5 different qualified projects? Is there such kind of diversification of risk possibility? (1 answer)
• What are my options for involvement in my EB-5 project? I am looking to invest in a business through the EB-5 program in order to receive my green card and move to the United States. I currently have a business to run in my home country so I cannot be actively involved in the EB-5 project. (2 answers)
• What type of project should I use when applying for a regional center? When filing an application for a regional center, is it better to use a hypothetical project or an actual project? (2 answers)
• What are the restrictions of the job creation requirement? I am investing in a new direct EB-5 venture. My co-investor, who is a US citizen, and myself are both members of the LLC. If my co-investor is a salaried employee of the LLC, can he also be counted as part of the 10 jobs needed? Since we are planning to start the business before my visa is approved, can the business plan show that the jobs will be created within three years rather than two years, since it will take about a year for my visa to be approved? (2 answers)
• Does buying a company's stock count as an investment? Also, does a lease commitment for a year count as money at risk? How does stock count as at risk? (2 answers)
• Is it easier to invest in a new business or a troubled business? I would imagine that a new business would be riskier, but how difficult is it to prove that an investor has helped save 10 jobs? Which requirements are easier to fulfill? (2 answers)
• How can I buy a closed business and make it a qualifying business? I want to invest $500,000 in United States for the EB-5 visa. I want to know if I buy closed business, with property, and restart it with a new franchise ( i.e buying a closed gas station and turning it into a 7/11 franchise) would it be the best option to obtain the EB-5 visa? Would this qualify as rescuing a troubled business or would this be considered a new business? (2 answers)
• How can I invest into a U.S. LLC then transfer the money into a project? I would like to purchase an existing business in the U.S. For some liability consideration, can I first transfer my investment money into a U.S. LLC wholly owned by me, and then transfer my investment from this LLC to the existing business? How can I do this? How would this affect the processing of the EB-5 visa and filming the I-526? Would it make showing the source of funds more difficult? (1 answer)
• How can I invest into a U.S. LLC then transfer the money into a project? I would like to purchase an existing business in the U.S. For some liability consideration, can I first transfer my investment money into a U.S. LLC wholly owned by me, and then transfer my investment from this LLC to the existing business? How can I do this? How would this affect the processing of the EB-5 visa and filming the I-526? Would it make showing the source of funds more difficult? (1 answer)
• What are the issues with residential real estate EB-5 projects? I am considering an investment in a developer who will purchase land and construct 150 residential homes on the land over a two year period. and I want to know what are the issues that you've seen with such projects. Why aren't there many of these projects as opposed to hotel development? (2 answers)
• What limitations are there on the amount of EB-5 capital allowed for a project? Are there any limitations on the percentage of EB-5 capital used to fund a project? If there are limits, what is the law that states those restrictions? If I successfully create a business with less than 500,000k, do I still have to invest the rest of it into the business? (2 answers)
• Does a company need to have a physical presence to qualify for EB-5? In my country, I have established a company that is purely online and has no office or physical location. My workers work remotely and I save money by not having to pay rent. If I were to apply for an EB-5 visa, would my company need to have a physical presence in the United States? Could I run the company online and hire U.S. workers and have them work remotely from home? What would be the best way to have an online business qualify for EB-5? (2 answers)
• How can I manage my business before my I-526 is approved? Currently, I am in the United States on an F-1 visa, and I would like to make an investment in a TEA. If I make an investment and do not run the business until my application is approved, I will incur prohibitively high expenses. However, since I do not have work authorization, can I hire a manager who will manage the company temporarily? Also, if I have some rental properties in the United States, does it constitute a violation of F-1 requirements (for not having work authorization)? (1 answer)
• Does the entire EB-5 business have to be established at once? I'm planning to do an individual EB-5 investment in 2014. The idea is to set up a group LLC constituted by 2 stores in one or two TEA areas. But in order to lower the risk and meet the requirements for 10 full time employees, I'm considering opening one store first, then opening the other one in 12 months from the first opening. The total investment would be $500,000. Would this plan qualify for the EB-5 program? What are the legal risks or problems associated with a plan like this? (2 answers)
• How can I find active EB-5 projects? (2 answers)
• How do I choose between direct or RC investment? I am on the fence on whether I should continue reviewing these EB5 projects that are extremely one-sided towards the developer or look into maybe acquiring a franchise. (2 answers)
• How can I get multiple opinions on EB-5 projects? I'm worried about signing with 1 lawyer as his/her projects will be limited. Also how do you ensure the lawyer is not financially motivated from providing investors to the project? (2 answers)
• What is the standard for loan repayment? I am looking at EB-5 project information. One project states the EB-5 fund repayment: "with an expectation for loan repayment in 5 years—with a 1 year option." What does this mean? (2 answers)
• Is it easier to invest in a project with multiple investors or by myself? Does the processing time differ for EB-5 projects that have multiple investors versus projects created by one investor only? Is it more simple, legally, if I invest in my own project rather than with other investors? (2 answers)
• How do I submit an investment project proposal to a regional center? I have an idea for an investment project that I would like to use EB-5 funds for. What can I do to increase the chances of it being accepted? (3 answers)
• How does prepayment of debt investment work? I work for a hotel developer considering EB-5 financing as an alternative to other sources of capital. My understanding is that to satisfy at-risk requirements, an EB-5 loan made to a developer through a regional center can't be repaid before investors receive visas typically three to five years from the time of investment. Why is this prepayment prohibition in place? How does it work in practice? Is there a prohibitive prepayment penalty in the loan agreement, or is it something else? (2 answers)
• How can I invest in two businesses? I want to invest in an area of the United States with a minimum $1 million investment requirement, but I want to invest in two business, with a $500,000 investment in each business. How can I invest in both businesses to meet my $1 million minimum investment amount? What problems might I face? (3 answers)
• How can I transfer my business to the United States for EB-5? I am an indie mobile application and game developer from Bangladesh. I have the necessary $500,000. How can I apply for the EB-5 visa in a TEA by shifting my sole proprietorship application and game business to the United States? What would the procedure be, and how long would it take? Would I have to hire 10 new workers, in addition to the ones I will be bringing over with me? What other requirements will I have to fulfill? (3 answers)
• How can I find regional center investment projects? I want to invest in a regional center. What are the steps to finding feasible regional center investment projects that are open now? What are some good sources for finding projects? What else should I know? (3 answers)
• I am an entrepreneur in the Dallas Texas area interested in obtaining EB5 financing for a business idea. Who should I seek advice form? (1 answer)
• How can I qualify a well-known restaurant for EB-5? I plan to help a well-known Asian restaurant brand open 20 new restaurants in New York City within two years. How can I make that expansion qualify as an EB-5 project? What requirements will I need to keep in mind? (2 answers)
• How will indirect job creation work for my project? I am looking at an EB-5 project that has received I-924 approval (actual project with exemplar I-526 petition). I was told that this project only uses indirect job creation, because the construction is less than 24 months. According to the I-924 document, this project can create 17 indirect jobs per EB-5 applicant, which seems very secure to get an I-829 approval when the time comes. 1) What concerns do you have with this job creation based on the limited information? 2) This project is financed by both the government and EB-5 investors. How much capital expenditure will be used for the EB-5 job creation calculation? Will only the portion injected by EB-5 investors be used? 3) How will the timing of the capital injection impact the job creation? For example, the project will be completed in the coming July, but the fund won't be released to constructor from an escrow account until the EB-5 investor gets I-526 approval, which will be later than the construction completion date. (2 answers)
• How can my projects work for EB-5? I want to start a company that operates two businesses. The first business is related to public service, and the second is a staffing company. How can I make these projects work for EB-5? What obstacles might I encounter (2 answers)
• How can a staffing service qualify for EB-5? I am planning to open a company which can create only three full-time jobs, but its fully owned subsidiary can create seven jobs. The subsidiary company operates as a staffing company for other companies. If other companies need to hire trained employees, we can send one of our employees from the staffing company. How can I apply for EB-5 with the main company? Will those seven jobs from the staffing company count as direct or indirect jobs? How can I make this arrangement work? (2 answers)
• How can I invest in a residential real estate project? I want my EB-5 investment to be $1 million towards an upcoming residential real estate project in Miami. I am planning on buying an apartment in this upcoming project at above $1 million. The duration of construction is two years. It's a 50 story building. How can I make this work for EB-5? (2 answers)
• What are the time constraints for EB-5 investments? What are the time constraints for investors to invest in a regional center project in a TEA? When in the EB-5 project development can investors invest funds into the regional center? (1 answer)
• What are some of the characteristics of a viable EB-5 project? I would like to know what some of the characteristics of a good EB-5 project are. We are developing theme parks in the U.S., with the first being in Pennsylvania. We have 2,600 acres of land as collateral, bonds to be issued by the local government, and full development funds. To release the funds we need an investment of $8.5 million or possibly as low as $2.5 million depending on final negotiations with a second funding source. Does this sound like it would be a good fit for an EB-5 project? (1 answer)
• What does USCIS look for when examining project documents? We are considering EB-5 funding for a project, but want to make sure we do things the right way and learn from past mistakes. What are the key things that USCIS is looking for when it examines project documents? What types of issues have tripped up projects in the past? (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)? (3 answers)
• What are some of the benefits of a Green card? (3 answers)
• Who should consider an EB-5? (7 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)
• How can I use E-2 visa to expedite EB-5 visa? (2 answers)
• For EB5 investor, Equipment & Machinery are intended to be part of the capital. What could be evidence of the fair value of such 'Equipment & Machinery' USCIS is seeking for? (1 answer)
• Can I transition from an L-1 visa to an EB-5 visa using the newly created business? (1 answer)
• Are any countries excluded from the EB-5 program? (2 answers)
• How does the I-539 application affect an EB-5 application? Would it be easier to change my I-539 application to request a green card or apply for an I-526 by using most of my savings and 401K funds? Which method to stay in the United States would be more cost effective and have a higher likelihood of success? (2 answers)
• Can I use the EB-5 Program to obtain capital for an online company? We are looking to expand and would like to be able to hire additional employees for development and expansion. Most interested in direct investment versus a regional center. (2 answers)
• Can a foreigner obtain an EB-5 visa on venture capital raised in the United States? I am a foreign national and the sole shareholder of a C Corp which has attracted an investment of $5 million from a venture capital group at $20 million valuation. We would be hiring lots of people in Chicago and Cleveland for our venture. Since the investment would be done locally and I would be the reason for such investment, can this investment and resulting employment be used to obtain an EB-5 visa for myself? (2 answers)
• How can I apply for EB-5 while being under asylum in the United States? (2 answers)
• What is the typical success rate for getting a green card through EB-5? (2 answers)
• What should I know about direct EB-5 investments? I want to purchase an existing business that was established in 2007. Do I have to do any restructuring or expanding, considering the business was created after November of 1990? What other requirements related to the time the business was established should I consider? Also, I understand I need to maintain the existing employees and add at least an additional 10 employees. However, at what stage of the application is the amount of existing employees counted? The time that the I-526 is filed, or when the I-526 is approved? What else about this requirement should I keep in mind? (2 answers)
• How can I use my existing investment for EB-5? I have an investment in my home country for a travel and tourism company. How can I make a branch of this company in the United States for an EB-5 petition? What pitfalls could I face? Is this even possible? (2 answers)
• Where does my family have to live? I'm interested in immigrating to the United States through the EB-5 program. When I come to the United States for the first time, is there a specific city or place I have to come to first? Where can my family and I live while we're going through the EB-5 process? (2 answers)
• What are the risks of the EB-5 program? I am an Australian Citizen, and have been running two bakery cafés for the past four years. I have about six years of business and four years of business banking experience. How can I pursue my business interest in the United States and migrate under this visa class? I have heard there are some drawbacks to the program. What are the risks of the EB-5 visa? (2 answers)
• What if my EB-5 investment fails after two years? What if my EB-5 investment fails after the two years? I am planning to do EB-5 by myself; my husband is a PhD student at one of the top universities. My question is, can I get my conditional green card, while my husband maintains his F-1 status, if my investment fails (and I can't file the I-829 two years later)? My husband can go through EB-1 to get a green card. Would it be better if I followed my husband with his green card application process, or his H-1B, and then apply for H-4 without leaving the United States? (2 answers)

Securities

• One of the US Based running company is going to start New project in Village area where unemployment rate is high.For the same project, they are coming up with public issue. If I will invest $500,000 as equity capital by way of sponsorship from relatives (treat as unsecured Loan) in this company's new project, Do I qualify for EB-5 category? My source of funds is through unsecured loan from relatives. Do USCIS allow this? Group of Investors who want to invest more than $ 100 millon collectively but they don't need GC under EB-5. They are only interested in Profits from these investment. Under this scenerio,Do all these investor's investments allow my EB-5 visa eventhough my investements are though loans taken from these group of investors? pls advise. (1 answer)
• One of the US Based running company is going to start New project in Village area where unemployment rate is high.For the same project, they are coming up with public issue. If I will invest $500,000 as equity capital by way of sponsorship from relatives (treat as unsecured Loan) in this company's new project, Do I qualify for EB-5 category? My source of funds is through unsecured loan from relatives. Do USCIS allow this? Group of Investors who want to invest more than $ 100 millon collectively but they don't need GC under EB-5. They are only interested in Profits from these investment. Under this scenerio,Do all these investor's investments allow my EB-5 visa eventhough my investements are though loans taken from these group of investors? pls advise. (1 answer)
• 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)
• How can I become an accredited investor? (2 answers)
• What are the expected returns for investors? I was wondering what percentage investors are typically expecting as a typical rate of return on their investments? Also, is it straight line interest, expressed as a percentage of equity of the project, or a preferred return? Do most EB-5 projects generally make a profit for their investors? (2 answers)

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)
• I'm 19 years old and i want to invest more than 1 million USD in the US in real estate and film finance, but i want to continue my education in the same time. Who are the experts I need to contact because my knowledge about investing is not enough to go with this money, right? Should i get a business education or trust in the management team that I'll get and let them manage my investments, or is managing my investments by myself better? (1 answer)
• How will my OPT expiration affect my adjustment of status after my recently-approved I-526 Petition? (2 answers)
• Can you switch from E-2 visa to EB-5? (3 answers)
• How can I transition from EB2 to EB5? (3 answers)
• How do I find a law firm for an H-1B visa? I am applying for a green card through the EB-5 Visa Program, and my son is about to graduate with an engineering degree from Saudi Arabia. He is over 21 years old, and I would like him to apply for a H1B visa instead of doing a second EB-5 Visa separately from my own. (3 answers)
• How can a EB5 visa applicant apply for F-1 Visa? (2 answers)
• Can EB-5 applicants apply for B1/B2 visa? (2 answers)
• How can I apply for EB-5 if I've been rejected for other visas? (2 answers)
• How can I obtain an EB-5 visa while on another visa? I have a B-1/B-2 visa. (3 answers)
• Will it affect my adjustment of status if I can't find a job? My I-526 petition was approved during my application of OPT (when my OPT application was reviewing by USCIS). Right now my OPT has just been approved and I would like to adjust my status here in the U.S. Since OPT only allows me to be unemployed for a few months, if I really can't get a job during these few months, does it pose any problem to my adjustment of status application? (2 answers)
• How can I re-enter the United States with a valid current F-1 visa while my I-526 is currently pending? (3 answers)
• How can I apply for EB-5 while applying for EB2? (3 answers)
• How can a student in the U.S. on an F-1 visa obtain an EB-5 visa? If the student under 21 years of age is already in the U.S. on an F-1 visa, does he have to return to his home country in order to obtain an EB-5 visa? Is there any other option? What is the process like? (3 answers)
• How can I take college courses while applying for EB-5? (2 answers)
• How can you applying for a B1 or B2 visa while filing for an EB-5 visa? (3 answers)
• How do I operate a business as a B1/B2 visa holder? I have recently invested in an EB-5 project and I believe the wait time is 16-24 months. In the meantime, I plan starting a business in U.S. and would like to know if I can own and operate a business myself. (3 answers)
• How can I apply for EB-5 as an H1B visa holder? (3 answers)
• How can I sponsor my child through the H1-B visa after I obtain my EB-5 visa? (2 answers)
• How can I apply for a B visa while my I-526 is pending? What would happen if I do not disclose my pending petition? (4 answers)
• How can I apply for EB-5 while under a J-2 visa? Currently, I live in Portland working under an F-1 (OPT) visa, while my wife is pursuing her medical residency training under a J-1 visa which has a two-year home residency requirement (HRR). (2 answers)
• How do I apply for H-1B and EB-5 simultaneously? I have a quickly growing company and have met all the EB-5 requirements (with documents ready). My student visa will expire in July, and EB-5 can take 12-15 months to be approved, so I need to somehow get legal working status until my EB-5 is approved. I want to use my own company to sponsor my H-1B, but someone told me that this will hurt my EB-5 application. Because I will apply for EB-5 as the CEO of my company, and will apply for H-1B as an engineer in my company, a different position shows up on each application. What problems can I expect if I apply for both at the same time? What can I do to increase my chances of success? (2 answers)
• How can I get I-526 approval before my B-2 visa expires? I submitted my I-526 petition on November 1, 2013, and I have my B-2 visa until May 12, 2014. How can I get initial I-526 approval before my B-2 visa expires? I have seen that the EB-5 processing time can be as long as 12 months. What are my chances of being able to stay in the United States? If I travel now, what are my chances of being denied entry at a U.S. port? (3 answers)
• How will overstaying my visa affect my EB-5 application? I am a business owner with 27 full-time employees. I arrived to the United States in 2003 with a tourist visa. I overstayed my visa, and now it is expired. I was in the process of deportation in 2009, but I was granted prosecutorial discretion. I applied for a U visa in 2010, and so far I have no answer. How will overstaying my tourist visa affect my changes of obtaining EB-5 approval? What will happen to my EB-5 application if I am approved for my U visa? (2 answers)
• How will EB-5 conflict with a family visa application? I have already applied for a green card through my brother, and this has been in the process for many years. What conflicts could occur if I apply for the EB-5 visa while the family visa is still processing? What obstacles might I run into? (2 answers)
• How can I travel with a visitor visa while applying for EB-5? I just submitted my EB-5 application to the National Visa Center. How can I travel to the United States with a visitors visa while that is still processing? What obstacles am I likely to encounter? (2 answers)
• How can the spouse of an H-1B/F-1 holder invest in EB-5? I am in the country as a dependent of a H-1/F-1 visa holder, and I want to invest directly to establish a business and obtain a visa under the EB-5 program. The H-1/F-1 holder should in turn be able to adjust his status to become the spouse's dependent under the EB5 program. How can I make this work? What steps do I need to take? (2 answers)
• How can I operate a business during the I-526 waiting period? I want to invest in a business from scratch while on an H-4 visa. How can I operate and profit from the business while waiting for the I-526 petition approval? If this is not possible, what are my other options for meeting the commitment of funds requirement while waiting up to 19 months for I-526 approval? (2 answers)
• What are the options for the location of consulate processing? After I-526 approval, if I am staying in the U.S. on a B-2 visa, can I do a consular interview in the U.S., or do I have to fly back to my country? How long could this process take? If I stay in the U.S. and file for adjustment of status, how long does that process typically take? (1 answer)
• How will an arrest record affect I-829 processing? I was arrested for simple battery, but then the case was dropped by the district attorney because of mistake of fact before the case went to trial. I submitted my I-829 petition four months ago. How will the arrest record affect the processing of my I-829 petition? (1 answer)

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)
• Can Vietnamese investor invest in US through EB5 Program? (1 answer)
• How can I get investment funding for my business through the eb5 program? I am a US citizen (1 answer)
• How can I find EB-5 investors? I have a very good project which needs $1 million in funding and is related to healthcare industry. The project plan and all its financial details are ready. What can you suggest for how to find EB-5 investors? What companies will help you find investors? What is the first step in this process? (2 answers)

Valuation

• How can I sell my EB-5 business after becoming a citizen? (1 answer)
• How is it possible to finance an EB-5 investment? I am looking to buy a business in the U.S. The owner wants to sell it for $550,000 with real estate and agreed to finance with $150,000 cash down, and the rest within 10 years. (2 answers)
• How many days can I remain in the U.S. after filing an I-526 petition? I am from India and plan on filing an I-526 petition. I have learned that it will take nine months to approve. My plan is to apply I-526 by visiting the U.S. because my children are on F-1 visas and my wife is on a B-1 visa. I am a medical practitioner and need to be in home country as early as possible, so my question is how many days I have to stay in the U.S. after filing the I-526? (1 answer)

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)
• How do you transfer EB-5 capital out of India? (2 answers)
• Can I operate a Regional Center abroad? (3 answers)
• As per the amendments which will go into effect in September 2013 (removal of general solicitation and advertizing restrictions of RC under rule 506), if an investor puts money into a RC which is advertising about its schemes then they have to show a new worth of $1 millionexcluding residential house (also has some exclusion if you make more than 200k). Does this mean almost all individuals will now need to show to the USICS that their true net worth is $1 million. Does anyone know details will be needed to show the net worth? Will this not become a huge barrier for getting investments? (2 answers)
• What is a typical return on investment of a regional center? I have two questions as follow: 1. One EB-5 agent told me there is a regional center which returns 50% of investment after 2 years. They didn't disclose its name, so I couldn't check if it's true or not. Do you know of such a regional center? 2. Is there an expedited option for EB-5 so it would take less than 6 months to complete? Thank you for answers. (2 answers)
• What are the job creation requirements when creating an EB-5 direct investment business in a regional center? I am thinking about expanding my restaurant business in a EB-5 Regional Center development. My source of funding would also be EB-5 money. Would putting an EB-5 direct investment business (creating 10 direct jobs) into a EB-5 Regional Center cause future issues with USCIS in particular, double-counting the job creation? I read that Regional Center counts direct, indirect, and induced jobs do these job categories already take into account the employees I will be hiring for my business? (2 answers)
• What kind of restrictions are there on repatriating EB5 funds? (2 answers)
• What laws govern EB-5? (2 answers)
• How can I prove a lawful source of funds if I have no revenue? I read on this site that it will be necessary to prove the lawful origin of $1 million dollars and total revenue of at least $200,000 in the last two or three years for me to apply for the EB-5 visa. I’ve had a pharmacy in Brazil for 14 years and I'll sell it. After that, I have to prove the lawful origin of one million dollars or a little more, but I have no way to prove an income of $ 200,000 in the last two or three years because the pharmacy has been stopped and had no revenues for the last four years. Can I get a visa in these conditions? Would I still have to prove the $200,000 revenue even if I receive over $1 million from the sale? (2 answers)
• Do the same workers have to be employed the entire two years? (2 answers)
• What is considered a guaranteed return for an EB-5 investment? (2 answers)
• Would an already existing company establishing a new company count for EB-5? I currently have a company in China. I was thinking about sending one million dollars to the United States so that my company can establish a new company there. (2 answers)
• How will a legislative audit affect EB-5? I have been reading that Congress is planning to audit the EB-5 program. What does this mean and how will this affect future EB-5 investments? Will there be a delay in processing if there is an audit, and would it be wise to invest now before the audit? (2 answers)
• Would an investment in a start-up with existing employees be applicable for EB-5 employees? Basically, if they have 10 employees now and I invest in them and they remain with 10 employees would my investment be considered EB-5 acceptable? Would the retention of jobs be eligible for EB-5? How can I count retained jobs? (2 answers)
• What burden of proof do U.S. citizens have when making an EB-5 investment? I have an existing business founded in 2011 with several founders in the company. Now we are thinking about the direct EB-5 financing. I was told that for pooled investment, even if my co-founders and I will not apply for green cards because we are U.S. citizens, we still need to prove our legal source of funds of the investments made by the founders in this company. Is this true? To what extent should we provide the documents? Do we have the same burden of proof as the foreign investor who needs the green card to prove our own source of funds? (2 answers)
• How are migration agents involved in EB-5? If so, what does a licensed migration agent charge for finding investors? Also, it is my understanding the investor pays the migration agent fee to the regional center and the regional center then pays the migration agent. Is this correct? (2 answers)
• Will the minimum amount for EB-5 ever be increased? (2 answers)
• How can an ex-communist party member apply for EB-5? How can one prove he/she is no longer a member of the CCP party? What can he do at the consulate interview? (1 answer)
• How can you get access to eb5 investors directly without going through a regional center? I'm interested in opening several restaurant franchises in my area (1 answer)
• Can an EB-5 investment be in one business with multiple branches? I am planning to use my personal assets as security for the loan and I would like to know if I can invest the 500,000 to buy 3 stores, as one store would not create 10 jobs, but I could have 3 or 4 jobs per store for a total of 10 or more. Would it work if I invested in one business that has multiple branches? (2 answers)
• How may I earn money by referring clients? I want to refer investors to specific EB-5 projects as a profession. How can I collect a fee for doing so? Which professions refer investors to EB-5 projects for money? (2 answers)
• How can I pay my EB-5 loan early? In order to pay the EB-5 investment requirement, I plan to take out a bank loan using property as collateral. The loan term will be more than three years, but I want to pay it off earlier. How can I pay off the loan in a few months and still qualify for EB-5? (2 answers)
• How can I use EB-5 for restaurant start up? I am just starting to learn about EB-5. I have 18 years of experience with five nationally recognized groups, and have a full pitch deck presentation and business plan ready. How can I use EB-5 to raise capital to open a start up restaurant in New York City? (2 answers)
• How can I find direct investment projects? How do you connect an investor with worthy projects that are not through regional centers and that meet the EB-5 criteria for job creation and TEAs? I am an attorney with small business and start-up clients who would like to connect with investors and get funded through this program. Also, what is the average cost, legal and otherwise, to complete this process with USCIS? Finally, if you are located in a TEA-approved area, do you still have to submit economic data? (2 answers)
• How do you show the connection from legal source of funds in Argentina that were transferred by a third party agent to banks abroad before reaching t... This question is in regard to showing source of funds for Argentine clients, who are restricted by their government in the transfer or purchase of U.S. dollars. How do you show the connection from legal source of funds in Argentina that were transferred by a third party agent to banks abroad before reaching the client bank in the U.S. when no paper trail exists? (1 answer)
• How can I prove my source of funds when I only have business tax records? I have tax records for the past five years for two Chinese businesses that I own, but do not have personal tax records. What problems may I encounter in attempting to prove the source of my funds? (1 answer)
• When must project activities begin in relation to filing an I-526? I am looking into starting a business for a direct EB-5 project. I understand that I need to register a company and move the funds into it before the I-526 is filed. But do I need to actually start business activities, such as sign leases or start construction, before the I-526 is filed? Or can I wait for the I-526 to be approval before starting business activities? (1 answer)
• With regard to an I-526 petition, when should the police certificate be obtained and filed? Question Detail: When filing and I-526 petition for an investor who is outside of the country, when do we obtain and file the police certificate? Are there any timing issues that need to be considered? (1 answer)
• What restrictions are there on living in one state and filing an 1-526 project located in another state? I am currently residing in New York under an E2 visa and I am planning to file an I-526 in order to obtain a green card under the EB-5 direct investment. Are there any restrictions on filing an I-526 form in New York, but investing in a project located in California? (1 answer)
• What was discussed on the USCIS stakeholder call on April 23? What was discussed at the USCIS stakeholder call on April 23, 2014? Are there any updates on the processing times for I 526 applications? (1 answer)
• What are the regulations governing the sale of a regional center? I am in the process of selling a regional center. Does the regional center need to be a registered LLC in the state it is operating, or can it be registered in a different state but domiciled in the state that it will be operating in? Is there a USCIS law regarding this issue? (1 answer)
• How does a pending I-529 affect the filing of an I-485? My husband is about to file an I-485 based on EB-5. I am supposed to file with him. However, I am in the pending process of an I-539 and a USCIS request for evidence. I wrote a withdrawal letter to USCIS and I am waiting for their decision. The problem is that I canceled my status last month (out of status), and now, everything is in pending process. Am still in authorized stay according to i-485 edibility? Can I file an i-485 before my I-539 has a final decision? (1 answer)
• What are the alternatives to an EB-5 broker-dealer? With few EB-5 broker-dealers registered with FINRA (nor even FINRA providing a list of same), is it prudent to engage an immigration law firm that specializes in its representation of the developer of a large direct express investment project? Can they perform some of the same functions that a broker-dealer would perform? What other alternatives are out there? (1 answer)
• What are the consequences of filing an I-526 petition with a pending EB-3 AOS? I have a pending EB-3 AOS (I-485) with a priority date of February of 2006. Given the serious retrogression while I am waiting for my priority date, what are the potential ramifications of filing an EB-5 visa with combined marital assets and income, and interfile with that approval notice and adjust status with the old I-485? (1 answer)
• What are alternate options if my EB-5 application is denied? Right now my husband is an F-1 PhD student in the United States. I plan to apply for an EB-5 visa by myself, while my husband maintains his student status. What if my EB-5 investment fails after the two years, but my husband is on an H1-B visa or a green card holder in the U.S.? Can I apply for an H-4 or follow my husband with his green card? (1 answer)
• How much of the job creation do EB-5 funds get credit for? Does EB-5 capital get credit for all jobs created by a project, or just for the portion of project cost from EB-5 capital allocated on a pro-rata basis. For example, if a project (within a TEA) costs $50 million to construct, and it takes in $5 million of EB-5 capital, does it need to create 1,000 direct and indirect jobs for the I-829s to be approved? (1 answer)
• What are acceptable uses for EB-5 funds? I want to open my own business in the U.S. using the EB5 program. I am looking opening the business in Florida (Orlando or Jacksonville). I know that to qualify it needs to be a minimum investment of $500.000 and it must create 10 jobs until the I-829 is approved. My question is does the business needs to cost $500.000 or can it cost $200,000 and the remaining $300,000 be used as cash reserves? (1 answer)
• What are the advantages of a direct EB-5 investment? I am considering making a direct EB-5 investment in a private company. I was curious about the success rates of direct investments and what some the advantages and drawbacks of a direct investment compared to a regional center project? (1 answer)
• What types of patent, intellectual property and trademark protections are available to regional centers? I recently discovered a regional center that claims that it has a patent for doing bond projects as a regional center. This does not seem like something you could patent. Its patent application is for computer software. Is this possible? What types of patent, intellectual property and trademark protections are available to regional centers? (1 answer)
• What are the benefits and drawbacks of couples pursuing different immigration paths? I am currently under adjustment of status through my spouses EB-3 petition. Suppose that I file an EB-5 petition and it is approved, and then the subsequent I-485 filing grants me conditional permanent residency. What happens if the removal of conditions is denied? Can I still avail myself of the old adjustment of status application as long as my spouse maintains employment? What are the potential benefits or drawbacks of my spouse and I pursuing different immigration paths? (1 answer)
• What countries do you see becoming more active in EB-5? China far and away produces the most EB-5 investors at the moment. What other nations do you see becoming more involved with EB-5 in the coming years? (1 answer)
• What might cause the delay of an adjustment of status? I submitted my I-485 application on July 18 of last year, I did my interview on December 10, 2014 and it was a success, but I still haven't received my AOS temporary status card yet. What is the normal processing time for this? What are some reasons why I have not even received my temporary card yet? (1 answer)
• What options are available to someone who has invested in their own EB-5 project and is struggling to create the required jobs? I’m an investor overseeing my own investment project and I have already received my conditional permanent residency. It is almost time for me to file my I-829 application. However, I have not met the requirement of creating 10 US full-time jobs as of yet. Is it possible to get an extension on meeting the job creation requirements and what will happen to my conditional permanent residency if I do not meet the requirements within the two year time period? What options might I consider? (1 answer)
• How can I-526 derivatives adjust status when their status is different from the petitioner? I know that I should marry my fiancé before submitting an I-526 and we intend to do so when I come back from vacation in Vietnam. Currently I am a F1 student in the U.S. while she is not. Does that mean that after the I-526 approval and I am still in school, that I have to file an I-485, while she has to file a DS-230 and interview at the consulate? Is there a way in which we can both go through the same process? (1 answer)
• What should be done to ensure our newborn can immigrate with us after I-485 approval? If we have a newborn after receiving I-485 approval, but before our intended date of first travel as immigrants to the United States, what should be done to ensure the newborn also travels with us legally? (1 answer)
• Why does USCIS state that EB-5 “investment capital cannot be borrowed?” The EB-5 Investment Capital Requirements section of the USCIS website states that “Note: Investment capital cannot be borrowed." I have read through the regulations governing the EB-5 visa and consulted with a regional center, and it seems that EB-5 funds CAN come from a loan and be borrowed. Why would the USCIS state that EB-5 “investment capital cannot be borrowed?” (1 answer)
• How can I apply for an EB-5 visa with my spouse after both starting the EB-2 green card process? My spouse and I are Indian citizens, currently in the United States on H-1B visas, and we each just started the EB-2 green card process through our respective employers. Can I apply for the EB-5 visa while continuing my EB-2 application? Are there any advantages to not including my spouse on the EB-5 application? If so, once my I-829 is approved, could I sponsor her while she continues her EB-2 green card process with her employer? (1 answer)
• What does “good moral character” as a permanent resident mean? I am an EB-5 investor and already received my conditional permanent residency. I am going to be filing my I-829 and I read that one of the responsibilities for permanent residency is to demonstrate good moral character. What does “good moral character” as a permanent resident mean? (1 answer)
• How can a current B1/B2 visa holder travel to the United States after applying for the EB-5 visa? I have a B1/B2 visa and have invested approximately $2 million in a U.S. business since 2011. In so doing, eight full time jobs at the peak production period have been created. However, as I cannot avail of any SBA facility with my present B1/B2 visa, I believe that I need to apply for an EB-5 visa. But upon submitting the EB-5 application, I would be barred from travelling to the United States. Can I retroactively apply my investment and job creation when applying for the EB-5 visa? How can a current B1/B2 visa holder travel to the United States after applying for the EB-5 visa? (1 answer)
• How will a delay due to an EB-5 immigrant’s communist status affect I-526 and then I-829 approval? My parents invested through the EB-5 program and were interviewed for their conditional green card in late January 2014. They are communist bankers who do not hold any political position, but USCIS still needed to perform an additional background check. Will their current communist status complicate their I-526 approval? In addition, about 95% of the other investors in the same project have already received their conditional green card. Because we are still waiting for I-526 approval, and are now last in the queue, will our chances of receiving I-829 approval be reduced? (1 answer)
• How can a potential EB-5 investor provide five years of income tax receipts if they only recently started a business? I am a 23-year-old foreign entrepreneur who wants to move my business operations to Austin, Texas using the EB-5 visa program. I have read several places that income tax receipts for the past five years are required. If I only started my business recently, and thus do not have receipts for the past five years, how can I these provide income tax receipts? Also, does the age of the investor affect EB-5 visa approval? (1 answer)
• How can indirect jobs be used to fulfill an EB-5 direct job preservation deficit? If a troubled company created through an EB-5 regional center falls short of the direct jobs preservation number during the two year period, how can indirect jobs be used to make up the difference? (1 answer)
• Which banks have flexible early release terms when the offering contains non-escrow investor protections for possible I-526 denial? Our project involves a two-stage, well-defined early release from escrow, with all early released funds guaranteed by a highly credit-worthy affiliate of the project. We have been told that some EB-5 escrow agents/service providers may be unwilling to waive their underwriting criteria around early release, even if we satisfy the underlying risk through the guarantee. What escrow companies or banks do you have experience with that are flexible with early release when the offering contains non-escrow investor protections for the possibility of I-526 denial? (1 answer)
• How can I use an approved I-526 to apply for a new I-485 after a waiver of inadmissibility? I invested in an EB-5 project in Dec 2008. In January 2009, my I-526 was approved and in February 2009 I submitted my I-485. In April 2010, I was granted voluntary departure because of two CMITs. The EB-5 is up and running, but is not returning investment. Most of the investors have their conditions removed and thus, the jobs have been created. However, the exit strategy is not yet defined and I do not see it being defined anytime soon. If I get waiver of inadmissibility approved today, how would I use the I-526 approved in 2009 to apply for a new I-485? (1 answer)
• How can I ensure that the business I invest in will securely handle my EB-5 investment? I am interested in participating in the EB-5 program, and I understand that my investment needs to be “at risk,” but I am concerned about the security of my investment. How can I ensure that the business in which I invest will securely and legally handle my EB-5 investment? (1 answer)
• When does the child of an EB-5 investor become ineligible for U.S. permanent residency? My I-526 application was filed when my daughter was 20 years old. Due to delays in I-526 processing, she will be older than 21 when the application is approved and she is currently engaged to be married. What changes of status would make my child ineligible for U.S. permanent residency under the EB-5 visa program? (1 answer)
• Does Los Angeles qualify for the $500,000 minimum investment requirement? I have a client who wants to buy an existing business, a grocery market with liquor store, in Los Angeles, California. Does Los Angeles qualify for the $500,000 minimum EB-5 investment requirement? Will the immigrant investor need to create ten new jobs for the grocery market, or simply maintain existing jobs? (1 answer)
• What is the law about refunding my capital if I am denied my I-526? Most regional centers that I am reviewing state in their offering docs that they will refund an EB5 investment if the I-526 is denied. Some will give back a portion of the administrative fee. Is there a law by USCIS or the SEC that requires a regional center to return my full capital contribution? (1 answer)
• How can virtual U.S.-based full time employees count towards EB-5 job requirements? I have a direct EB-5 business plan ready. We want to hire full time U.S. employees, but they want to work from their homes throughout the United States. Can remote workers still be counted under EB-5 job quota requirements? If a worker were to travel outside the United States and work from her laptop in another country, would she still count towards EB-5 job creation requirements? How frequently are employees in EB-5-created jobs allowed to work outside the United States? (2 answers)
• What is the EB-5 processing timeline for an immigrant’s dependents? I am an EB-5 applicant’s dependent. I passed my consular processing interview and was issued an immigrant visa. We now have been living in the United States for more than six months. My parents already received their green cards months ago, but I still have not received mine. Will there be issues with my immigrant status if I do not physically receive my green card? Are EB-5 visas for an immigrant investor’s family all processed at the same time as each other? What is the EB-5 visa processing timeline for an immigrant investor’s dependents? (1 answer)
• How can I make an EB-5 investment in a business created before November 29, 1990? How can I make an EB-5 investment in a business created before November 29, 1990? What requirements must be met? How many jobs need to be preserved or created? What constitutes a restructuring of the business? (1 answer)
• What responsibilities does a regional center have for its EB-5 investor’s petitions? What are the differences in submitting the I-526 and I-829 petitions when an investor completes the EB-5 process through a regional center versus a direct project? What responsibilities does a regional center have for its EB-5 investor’s petitions? (1 answer)
• What are my options if my source of funds documents for an I-526 are unavailable? I read that some EB-5 investors have recently had their I-526 petitions denied due to a lack of source of funds documentation. How do I know if my source of funds documentation is complete? What are my options if my source of funds documents are unavailable? (1 answer)
• At what point does an I-485 processing delay become unreasonable? My attorney submitted my I-485 form in December 2012 and it is still pending. I have asked my attorney to follow-up on the delay, but they say that these slow USCIS processing times are normal. Is there anything more that can be done at this point? At what point does it become appropriate to inquire about a processing delay? (1 answer)
• What is the EB-5 processing timeline for an immigrant’s dependents? I am an EB-5 applicant’s dependent. I passed my consular processing interview and was issued an immigrant visa. We now have been living in the United States for more than six months. My parents already received their green cards months ago, but I still have not received mine. Will there be issues with my immigrant status if I do not physically receive my green card? Are EB-5 visas for an immigrant investor’s family all processed at the same time as each other? What is the EB-5 visa processing timeline for an immigrant investor’s dependents? (1 answer)
• What should be done to ensure our newborn can immigrate with us after I-485 approval? If we have a newborn after receiving I-485 approval, but before our intended date of first travel as immigrants to the United States, what should be done to ensure the newborn also travels with us legally? (1 answer)
• How will USCIS process EB-5 applications once the visa cap is reached? I know there is an annual EB-5 visa cap at 10,000 issued per fiscal year and that there are current outstanding I-526 applications. What will happen when that visa cap is reached? In what order will USCIS process EB-5 applications? Will EB-5 applicants have to wait an extra year once the cap is reached? (1 answer)
• How can I ensure a new spouse will qualify for permanent residency through EB-5? I invested through the EB-5 visa program and my spouse and I have received our two year conditional residency. However, we are now going through a divorce. How will our conditional residency be affected, respectively, by the divorce? If I remarry in the near future, how can I ensure my new spouse will qualify for permanent residency? (1 answer)
• What happens when an F-1 visa holder is listed as a derivative on an I-526 application? My daughter is studying in the United States under an F-1 student visa, which needs to be renewed every August. If she is listed as a derivative on a family member’s I-526 application, will her F-1 visa renewal be affected? If the I-526 is approved while she is outside of the United States, can she return using her F-1 visa, and then adjust her status? When would using an F-1 visa after I-526 approval cause an EB-5 visa denial? What law would she refer to when explaining to the border patrol officer? (1 answer)
• How would an EB-5 application affect approval of a pending asylum application? A couple has applied for asylum and is waiting for the interview schedule. Do they have to cancel their application for asylum if they also apply for an EB-5 visa? How would an EB-5 visa application affect the chances of approval of a pending asylum application and vice versa? (1 answer)
• What is meant by “construction jobs lasting over two years” in regards to EB-5 job creation? I am an EB-5 construction project developer in the process of calculating cost and job creation predictions. I have read that construction jobs extending beyond two years can somehow be counted towards the job creation requirement. What is meant by “construction jobs lasting over two years?” Why is the requirement different for construction jobs versus other types of jobs created under EB-5? (1 answer)
• What restrictions are there on recovering capital if an EB-5 investment fails? If an EB-5 investor’s I-829 is denied or for some other reason immigration becomes impractical, what happens to the investor’s original funds? Are there any restrictions on taking the EB-5 investment out of the country once it is free to be released? (1 answer)
• How will investing with spreadbetting funds affect EB-5 visa eligibility? I live in South Africa where financial spreadbetting is legal and I recently used spreadbetting to generate £25 million ($40 million). Will I be eligible to apply for an EB-5 visa using these funds? Since these funds are legally tax free and I have never filed taxes or been required to, what documents can I submit instead of tax statements? (1 answer)
• What are the EB-5 requirements for someone who just renounced their current citizenship and became a citizen of a new nation? I am about to renounce my Indian citizenship and become an economic citizen of St. Kitts and Nevis. I am also about to file my application for the EB-5 visa so I can move to United States. Will I have to wait three to five years after I have become a citizen of a new nation or can I apply right away? What are the EB-5 requirements for someone who just renounced their current citizenship and became a citizen of a new nation? (1 answer)
• How has the extreme circumstances exception been interpreted? My conditional residency expired in August 2013. I filed my I-829 on time and made my investment, but no jobs were created. My one year grace period will expire this August and I am going to argue the "extreme circumstances" exception to request more time to create jobs. Has any case law interpreted the "extreme circumstances" exception? If so, how has the “extreme circumstances” exception been interpreted? (1 answer)
• What issues will there be with an EB-5 project that initially used bridge financing? I invested in a project which has an approved I-526. The project utilized private financing (bridge financing) for some of the total capital raised and this private money is now being replaced with EB-5 money. Will there be issues in regards to the private financing/bridge financing? What concerns are there in terms of jobs created using private money which is now being replaced with EB-5 capital? (1 answer)
• Can my EB-5 investment be split into four separate properties? I am an EB-5 investor interested in applying for my visa. If I make a $1 million investment, can this capital be split into four separate properties? If so, are the job creation requirements the same as other EB-5 investments? (1 answer)
• How does shareholder status affect EB-5 visa eligibility? I am not a U.S. resident, but I had an LLC firm which was bought by a California corporation and now I am shareholder in that corporation. Since I am an officer in that company and involved in the day-to-day operations, would I still be able to apply for an EB-5 visa? How does shareholder status affect EB-5 visa eligibility? (1 answer)
• What will happen if I give up my United States green card after I receive it through EB-5? I plan to apply for the EB-5 green card with my wife and daughter. However, I have a successful business in my home country which may force me to stay. In the unlikely event that I would have to give up my green card after I obtained it, what (financial) penalty would I face? How would giving up the green card affect my wife and daughter's stay in the United States? (1 answer)
• How closely does actual job creation need to match an EB-5 business plan? Because of the nature of a new business, it seems likely that I will not be able to create jobs where I expected, but that they will be created in another service area. For example, if my EB-5 business plan indicates five janitor positions and five receptionist positions, but after two years, all 10 positions are for receptionists, would my application still be approved? How can I avoid making my EB-5 business plan generic, but still keep it accurate in terms of job creation? (1 answer)
• What are the EB-5 visa requirements when purchasing a franchise? I am an investor looking to immigrate to the United States. If I purchase, for example, a fast food franchise that already employs 14 full-time and 20 part-time employees, would this investment qualify for an EB-5 visa? What are the EB-5 visa requirements when purchasing a franchise? (1 answer)
• How can EB-5 funds be invested in different, detached TEAs? How can EB-5 funds be invested in different, detached TEAs? How would this type of investment meet the EB-5 job creation requirements? (1 answer)
• What are advantages of the EB-5 regional center route other than a lower minimum investment? Most EB-5 investors seem to invest indirectly in a regional center project rather than investing directly in a self-run business. Beyond the lower minimum investment amount, what are the advantages of the regional center route? Is due diligence performed in the same way for both routes? (1 answer)
• How can I ensure that my children can start college in the United States next August? I would like to use the EB-5 program to have my children start school in the United States in August 2015. Are processing times different when investing through a regional center versus a direct investment? How can I ensure that my children will be able to start school in August 2015 using the EB-5 visa? (1 answer)
• How do I verify if an EB-5 project is exemplar, actual or hypothetical? I have been speaking with an agency in my home country about a recently approved regional center and its first project. The agency claims that the project is an exemplar one. Where can I find information to verify if the project is exemplar, actual or hypothetical (besides asking the agency for evidence, because I would like to verify it from a different source)? Would an exemplar project be advantageous in terms of getting the I-526 approved faster than other projects? (1 answer)
• What does the EB-5 medical examination require? I would like to know more about the medical examination requirements for the EB-5 visa application. What does the medical examination consist of - is it just a regular check-up? When should I submit my medical examination results to USCIS? Will I need special medical forms based on my home country? Can I choose where I undergo the medical examination in my country? (1 answer)
• What type of gifted capital is eligible for EB-5? I have several wealthy friends who would like to gift me $1 million-plus to start my corporate business. Could I use this money to file for my EB-5 visa or is it only valid from my immediate family members? Is gifted capital from very distant relatives eligible for EB-5? (1 answer)
• What happens if a TEA loses eligibility during an EB-5 investor’s five year investment term? I am confused about the EB-5 timeline in regards to Targeted Employment Area certification. What happens if a TEA loses eligibility during the investor’s five year investment term? How would the investor’s application be affected? (1 answer)
• What limitations are there on regional center project radius? Are regional centers required to operate in their local region? What limitations are there on regional center project radius? (1 answer)
• What happens if a child is conceived after the EB-5 process begins? I am married with no children and I plan on applying for the EB-5 visa. However, what happens if we become pregnant after the EB-5 process begins? How do we account for the child on the application? Will my child be able to immigrate to the United States? (1 answer)
• What does it mean to perform due diligence during the EB-5 process? I keep reading that I have to perform due diligence before I decide on where to make my EB-5 investment. However, I am not exactly sure what due diligence means. What does it mean to perform due diligence during the EB-5 process? When should I perform due diligence? (1 answer)
• What are my chances of EB-5 approval with less than the minimum required investment? I plan on filing an EB-5 application in a new company with a startup capital of $250,000 in a “rural area.” I know the requirement is $500,000, but if I forecast cash flows and by the end of the two year period when I get a conditional green card, add an additional $250,000 to make the investment $500,000, what are my chances of getting approved? (1 answer)
• As a business, what are the pros and cons of working with EB-5 investors? I have patented an idea, and had it approved for use in several states. I am now looking for investors to fund development of the patent into full production. What are the pros and cons of working with EB-5 investors? (1 answer)
• What other visas can be used before EB-5 application approval? Prior to the approval of an EB-5 application, can applicants come to United States on other visas? If yes, what kind of visas can they be? (1 answer)
• What are the employee location requirements for a business opened in a rural area? I am a partner in a company in Asia and we want to invest in the United States using EB-5. We plan to open our office in a rural area, but the nature of our business is such that our employees will be located all over the United States. Under this arrangement, can I still invest $500,000 and pay all my taxes in the rural area, but pay salaries to most of my employees elsewhere? What are the employee location requirements for opening a business in a rural area? (1 answer)
• How quickly will my EB-5 investment money be returned to me? I am considering investing in an EB-5 project. The promoter told me my investment fund would be returned in five years. When does this five-year countdown begin? Does the five years start when my money goes into the project or upon the approval of the I-526 petition? How quickly will my EB-5 investment money be returned to me? (1 answer)
• How does the U.S. state where an EB-5 investment is made affect same-sex immigration? I am in a same-sex relationship, but same-sex marriages are not legal in my home country. I also know that they are not legal in all U.S. states. If I apply for an EB-5 visa, will my same-sex partner be able to immigrate with me? If they are able to immigrate, will the U.S. state where I make my EB-5 investment affect my partner’s visa eligibility? (1 answer)
• How does an EB-5 capital raise work? I have an existing business (a chain of restaurants) which we would like to expand using EB-5 funds. Can an EB-5 capital raise be structured purely as a loan to a business/project owner and still qualify? Must the investors be given equity in the business. If so, is there any minimum equity? Do the EB-5 investors usually request collateral for the loan? Or because their investment must be 'at risk,' the loan cannot be collateralized? (1 answer)
• How quickly is my investment returned if I cancel my EB-5 application? I invested $500,000 in an EB-5 project in Florida over a year ago, and my permanent residence status has already been approved. The next step is an interview at the U.S. consulate in Bahrain. However, my wife and I are unable to spend the required amount of time in the United States. How can we spend less than 180 days per year in the United States within the rules of the EB-5 program? May we split up our total amount of required days in the United States throughout the year? If I have to cancel my application now, how quickly can I recover my investment? (1 answer)
• How do non-management members of an EB-5 investment meet day-to-day management requirements? Under the direct investment model stipulated in the EB-5 program, does my role as a non-managing member of a new commercial enterprise organized as an LLC suffice to meet the day-to-day management requirements? How do non-management members of an EB-5 investment meet day-to-day management requirements? (1 answer)
• How can I get areas in my county TEA-certified for future EB-5 investments? I am living in a small rural county and have heard that state-certified TEA areas have better chances of boosting employment rates and also boosting surrounding economic areas. How do I go about a TEA-certification process to certify certain areas in my county for EB-5 investments? (1 answer)
• Why would obtaining a B1/B2 visa in Mexico affect my chances of securing my EB-5 visa? I am currently living in the United States under the visa waiver program and am developing a company here. My visa waiver expires soon and I will have to leave the United States. If I fly to Mexico and obtain a B1/B2 visa from the consulate so that I may return to the United States, how will that affect my application in the EB-5 process afterwards? (1 answer)
• How can I can I bring my physically impaired adult son with me to the United States? I am considering making an EB-5 investment and my son is 26 years-old, physically challenged (deaf), and married. Both he and his wife are dependent on me, so how will they be allowed a green card into the United States along with me under my EB-5 investment? How can I make sure they are not treated as separate entities? (1 answer)
• How can a startup company with no income receive EB-5 investments? How can a startup technology company (located in Long Island), with no revenue and no income at the moment, be eligible to receive an investment from an EB-5 investor? (1 answer)
• How quickly is my investment returned if I cancel my EB-5 application? I invested $500,000 in an EB-5 project in Florida over a year ago, and my permanent residence status has already been approved. The next step is an interview at the U.S. consulate in Bahrain. However, my wife and I are unable to spend the required amount of time in the United States. How can we spend less than 180 days per year in the United States within the rules of the EB-5 program? May we split up our total amount of required days in the United States throughout the year? If I have to cancel my application now, how quickly can I recover my investment? (1 answer)
• How do non-management members of an EB-5 investment meet day-to-day management requirements? Under the direct investment model stipulated in the EB-5 program, does my role as a non-managing member of a new commercial enterprise organized as an LLC suffice to meet the day-to-day management requirements? How do non-management members of an EB-5 investment meet day-to-day management requirements? (1 answer)
• How should I go about selecting an industry and regional center for my EB-5 investment? I do not have any specific geographic or industry-related criteria preferred regional center or lawyer hired yet. My key concern is to protect my $500,000 investment and have it back as soon as possible. How do I find the projects available and select one in a reasonable manner? What process should I follow? (1 answer)
• How can I get areas in my county TEA-certified for future EB-5 investments? I am living in a small rural county and have heard that state-certified TEA areas have better chances of boosting employment rates and also boosting surrounding economic areas. How do I go about a TEA-certification process to certify certain areas in my county for EB-5 investments? (1 answer)
• Why would obtaining a B1/B2 visa in Mexico affect my chances of securing my EB-5 visa? I am currently living in the United States under the visa waiver program and am developing a company here. My visa waiver expires soon and I will have to leave the United States. If I fly to Mexico and obtain a B1/B2 visa from the consulate so that I may return to the United States, how will that affect my application in the EB-5 process afterwards? (1 answer)
• Why did the USCIS recently make EB-5 visas unavailable for Chinese investors? I am Chinese and was considering immigrating to the United States under EB-5 visa program. However, I just read in the news that EB-5 visas are now unavailable for China. How long will this Chinese EB-5 visa unavailability last? Does it affect all Chinese? Why did the USCIS make EB-5 visas unavailable for Chinese investors? (1 answer)
• What happens if a project developer does not follow their USCIS-approved EB-5 business plan? If a project developer does not follow the outline detailed in their USCIS-approved business plan, must they submit and get approval of a new business plan? Would this automatically cause a denial during the I-829 approval process? How far can a project developer deviate from their original plan? (1 answer)
• How can I get a project funded in a U.S. territory like Guam with EB-5 investments? I am thinking about investing in a project in Guam. Though it is not a state of the United States, but rather a territory, how can I go about investing in an EB-5 program there? (1 answer)
• What unforeseeable liabilities can I expect in doing business with an EB-5 investor? I am a U.S. contractor and am debating whether or not to do business with an EB-5 investor. What liabilities or unforeseeable responsibilities could I take on with this client? (1 answer)
• How does the USCIS determine if I am in “good health” for the EB-5 visa? In researching EB-5 I have found that a requirement of the program is that the applicant(s) must be in “good health.” How is this determined by the USCIS? If I have been cancer-free for five years, would that affect my application as an EB-5 investor? (1 answer)
• How can I take a European business opportunity without jeopardizing my EB-5 visa? I am 23 years-old and living in the United States with my family using EB-5. However, my family has recently been weighing a business opportunity in Lithuania. How can my family go about taking this Lithuanian business opportunity without putting our U.S. residency in jeopardy? (1 answer)
• How can I be eligible for EB-5 if my F21 visa is voided due to divorce? My wife and I have recently received our permanent residency (10-year green cards) via the F21 category. How will my status be affected as a permanent resident of the United States if we get a divorce? How do I apply for the EB-5 program to ensure my residency in United States before the divorce is made official? (1 answer)
• How do I apply for EB-5 if my OPT extension is not expired yet? The last OPT extension I can receive will expire in February 2015. I want to apply for the EB-5 program, but because the processing time of an I-526 is 18 months I’m considering extending my time at school in the United States for two more years. How should I go about applying for my EB-5 if I choose to do this? Should I apply once my new F-1 (1-20) begins or can I apply before my current OPT expires? (1 answer)
• How do I apply for the EB-5 program if I’m currently a dual citizen? I am currently a dual citizen of Spain and Korean, but am looking to make an EB-5 investment in order to become a U.S. citizen. What should I do to make myself eligible for the EB-5 program? Must a denounce one citizenship (either from Spain or Korea)? Since EB-5 visas have a ceiling on acceptances based on nationality, under which nation’s citizenship (Spain or Korea) should I invest under? (1 answer)
• How can I split my $1 million investment between land purchase and working costs? I am planning to be an EB-5 investor (direct investment) and would like to invest $1 million for a residential home development. What problems, if any, will I run into if I want to use $600,000 to purchase the land and $400,000 to cover working capital (salaries for 10 workers, materials, outsourcing suppliers, etc.)? At the end of two years, what do the EB-5 requirements say I must do with any profits exceeding my initial $1 million investment? (2 answers)
• How does return of EB-5 funds work when an I-526 is declined, and when it is approved? If an EB-5 investor has invested money in an escrow account and their I-526 petition is declined, must the money be returned to the investor? If so, how quickly must it be returned? If the I-526 has been approved and the money invested, are there any situations in which the investor can get his money back other than through the usual selling or refinancing? (1 answer)
• How will the EB-5 visa cut-off for China affect I-526 processing? Everybody seems to be concerned about the EB-5 visa cut-off for China, but I have heard that it will only last for a month. If the cut-off period is so short, how will it affect processing of Chinese I-526 applications which have already been submitted? How will it affect applications filed after the cut-off is over? (1 answer)
• What are the geographic requirements for becoming a regional center? Why are most regional centers located in Targeted Employment Areas? Is a regional center required to to be located within a TEA? What are the geographic requirements for becoming a regional center? (1 answer)
• How can an EB-5 visa seeker enter a joint venture with U.S. resident? Are there any models of cooperation which allow an EB-5 visa seeker to create some kind of partnership with a U.S. resident in order to establish a job creating enterprise, such as a small hotel? (1 answer)
• Can an EB-5 NCE be a limited partnership with the regional center as general partner? We are submitting an exemplar application for a regional center. The regional center is an LLC, and we were thinking the NCE should be a L.P. with the regional center being the general partner. The EB-5 immigrant investor would become a L.P. partner with his (her) investment (put at risk), and the L.P., as an entity, would invest in distinct JCEs that would be separate LLCs. How does this sound? (1 answer)
• What is the minimum net worth criteria for an EB-5 investor? I do not have a net worth of $1 million or a very high income, but I would still like to invest through the EB-5 program to get a green card. Do I need to show that I am an accredited investor? What is the minimum net worth criteria for an EB-5 investor? (1 answer)
• What constitutes an EB-5 business project? Is it possible to obtain an EB-5 visa not by investing in a business, but in something like government bonds? What are the qualifications for an EB-5 project? (1 answer)
• What are the SEC registration requirements for regional centers? Does an EB-5 regional center have to be a registered investment adviser or broker dealer since the regional center is selling securities? What are the SEC registration requirements for regional centers? (1 answer)
• How can I help my daughter temporarily in the United States apply for an EB-5 visa? My daughter is temporarily in the United States and wants to apply for an EB-5 visa. If my company has sent one million dollars into the United States and set up a company to purchase a commercial property, how can I help my daughter get an EB-5 visa? Can I get her to invest into the existing company or should I dissolve the current U.S. company and re-establish a new one to avoid the requirement of expanding 1.4 times an existing company? (1 answer)
• How accurate are USCIS EB-5 average processing times? I am an EB-5 investor from India. My petition is still under initial review, but should already have been processed, as per the listed average processing time on USCIS website. What should I do? How accurate are USCIS average EB-5 processing times? (1 answer)
• Why is a PPM still needed for a two-tiered loan structure? A private placement memorandum is for a sale of securities, not to receive loan proceeds, which a standard business plan can do. So why is a PPM needed if an EB-5 deal will be structured as a two tiered loan? (1 answer)
• When are EB-5 funds transferred into the escrow account and released? As I understand, it takes more than 12-18 months for the USCIS to process an I-526 application. Does the applicant need to transfer the $500,000 before filing and wait for the USCIS to approve or disapprove the application? What options are there for releasing the funds early? (1 answer)
• How does job calculation affect the likelihood of USCIS approval? I am looking to invest in a loan-based regional center. However, 95 percent of the projected job creation is indirect. Will that be a problem with USCIS? Does the regional center have to prove that the indirect jobs are full time jobs and permanent? Does it also have to prove that jobs are created within the regional center boundaries at the I-829 stage, and if yes, how does it prove this? (1 answer)
• How can we pursue both an EB-2 and an EB-5 visa? My husband and I are both Indian-born professionals working in the United States and our employers have sponsored us for the EB-2 green card. In view of the current priority wait times we would like to explore the EB-5 option. Can we pursue both visa paths at the same time? If so, what will happen in the EB-2 process if the I-529 is approved, but two years later the I-829 is denied? Can the employer-sponsored EB-2 process be revived at that stage without losing the original EB-2 priority date? (1 answer)
• How would the number of EB-5 investors in a project affect my visa chances? I am researching EB-5 projects to invest in and apply for my visa. Should I invest in an EB-5 project which will have a lot of other EB-5 investors? How would the number of investors in an EB-5 project affect my visa chances? (1 answer)
• What will be my role as an investor in an EB-5 project? When I invest $500,000 dollars in a project in the EB-5 program, will I become one of the owners of that project? Or do I just keep this money invested for a few years and it is returned to me with my residency permit? What will be my role as the investor in an EB-5 project? (1 answer)
• What will happen if the Regional Center Pilot Program is not extended? I have read that the program which allows for EB-5 investors to invest through regional centers could end in about a year. What will happen if the Regional Center Pilot Program is not extended? If I invest through a regional center now, how will my visa application be affected next year if the program ends? (1 answer)
• How can I apply for EB-5 as a single person and get married afterwards? I currently hold an F-1 visa, and my girlfriend is a legal non-immigrant who holds an F-1 visa as well. We plan to get married this December, but I want to apply for EB-5 before December in order to receive early review (hopefully). If we get married after I have filed EB-5, will she be considered on the same application as me? Will there be any additional requirements for her? (1 answer)
• How do I prove that my business is in distress to sell to an EB-5 investor? I am interested in selling one of my businesses to an EB-5 investor through the direct investment route. How do I prove that my business is in distress and how is "net loss" of 20 percent specifically defined? (1 answer)
• What can I do to ensure that my step-child will be able to immigrate? My fiancee has a son who is under age 21 from a previous marriage. We will marry soon and I will also be applying for an EB-5 visa. Will I need to adopt my husband's son for him to immigrate through EB-5? What can I do to ensure that my step-child will receive a green card? (1 answer)
• How can I qualify for the EB-5 program if I have not paid any income tax? I work for an oil company in Central Asia, and I hold a Canadian passport. For the last eight years I have been residing overseas and I have not paid any tax in Canada. My company pays a small amount of tax on my behalf to the local government. How can I qualify for the EB-5 program if I have not paid any income tax? Will I need to return to Canada before I can apply for an EB-5 visa? (1 answer)
• How does an NCE work when making a direct EB-5 investment? I am considering the direct investment route with $500,000, and intend to buy a business through a new commercial enterprise. Do I need to establish the NCE before filing the I-526? Will I need to include the NCE's specific location on the I-526 petition? At which stage would I fund the NCE bank account with the investment amount? (1 answer)
• How will EB-5 visa retrogression benefit investors from other countries? I heard that the EB-5 quota for mainland China is maxed out for 2014. If investors are from countries other than mainland China, will the process be faster? Will EB-5 visa retrogression benefit investors from other countries? (1 answer)
• When should mandamus action be taken against the USCIS? I invested directly and filed my EB-5 application on March 11, 2013. 18 months have passed and the application is still stuck on the initial review. How is an investor expected to run a business when he/she is stuck in limbo with the visa? When is it recommended to take mandamus action against the USCIS? (1 answer)
• How does renting an EB-5 regional center work? I have heard that I can just rent a regional center instead of establishing my own. How do I go about renting a regional center? What advantages would renting provide over creating my own regional center? (1 answer)
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• What are the residency requirements for EB-5 project developers? I am looking to raise capital for a new venture through the EB-5 program. Is there a compliance component which requires SEC approval? Are there any specific residency requirements for EB-5 project developers? (1 answer)
• Should I avoid investing in project that used bridge financing? I am contemplating investing in a regional center project. Several of the original EB-5 investors backed out and the regional center replaced some of this EB-5 investor money with private financing. Now the private money is again being replaced with EB-5 money as the project has got approval from the USCIS. Should I be worried about investing in project that used bridge financing? What documents should I request when doing my due diligence? (1 answer)
• How do I maintain valid status once I am on OPT and my I-526 is approved? I am on an F-1 visa right now, and soon will be on Optional Practical Training (OPT). I already filed an I-526 petition and expect it to be approved soon. After I get my I-526 approved, am I allowed to work while doing an Adjustment of Status? What will I need to do to maintain a valid status in the United States? (1 answer)
• How can I change my E-2 to EB-5 if I have a waiver of ineligibility? I am currently in the United States on an E-2 visa having made a $250,000 investment for 50 percent of a business in 2013. I would like to acquire the remaining 50 percent of share capital from my shareholder who is retiring. The total investment I would be making in this entity is over $1 million, but that includes the initial $250,000. Furthermore, I am here with a waiver - 212(a)(2)(A)(i)(I) crimes involving moral turpitude and 212(a)(6)(C)(i) misrepresentation when applying for a visa or entry to the U.S. Would I be considered for EB-5 under these circumstances? How will a waiver of ineligibility affect my EB-5 application? (1 answer)
• What is the timeline for establishing an EB-5 regional center and TEA certification? I would like to establish my own regional center. How long does the process take assuming timely submissions? If the regional center will be in an as-of-yet not-certified TEA, how long would TEA certification take? Would it be approved by the time my regional center is approved? (1 answer)
• How can a job be counted as both direct and indirect for EB-5 purposes? If an EB-5 business rents and moves into a facility that is part of a separate EB-5 regional center, can the renting business count its own direct employees toward the 10 employee requirement? Or are they only counted as the regional center's indirect employees? What happens if a job can be counted as both direct and indirect? (1 answer)
• How can my entire family immigrate to the United States through the EB-5 visa program? I am an Egyptian, and I have a wife, a 22-year old daughter with a degree, and another daughter who will be completing secondary school next spring. My younger daughter would like to attend a U.S. university next year, my older daughter wants to attend a U.S. graduate program, and my wife would like to be there to take care of them. Will this be possible through the EB-5 visa program? How can my entire family immigrate to the United States through the EB-5 visa program? (1 answer)
• How does the SEC define U.S. person in terms of EB-5 sales regulations? I am contemplating raising EB-5 funding for my CRE project through a regional center, and finding the learning curve daunting. I was recently approached by a salesman who claims to be able to find and place investors into an EB-5 project for a fee per investor. I am aware of the SEC's regulations governing overseas sales activities if the salesman is a U.S. person. He is a U.S. citizen living in the Middle East, and traveling to the U.S. only on occasion. Is he subject to the SEC's regulations and required to register or affiliate with a broker dealer, or is he not subject to SEC jurisdiction because he is living overseas? How does the SEC define U.S. person? (1 answer)
• What is the EB-5 market norm for the terms of an LOI? I am a developer searching for an EB-5 capital provider for a construction loan. I found two providers, and both groups have a track record of raising funds, but the terms of the LOI seem to be different. One LOI makes our company responsible for paying for the entire package, including marketing costs. However, total cost to us is capped at a certain amount. The other LOI has our company paying for some of the offering expenses, but not the EB-5 capital providers' marketing expense. What is the EB-5 market norm for these terms of an LOI? The other terms on both of the deals seem to be similar. (1 answer)
• How can I use a loan to fund my EB-5 investment? I want to buy an established business in the United States, but need funds. Can I use a property which I own and rent out in the United States to get a loan for EB-5? If not, could I go to a bank in the United States and if I qualify for a loan without giving my home as collateral, will that loan qualify for EB-5? Finally, if I got a bank guarantee from my country back home, can that be used to get a loan from a U.S. bank and will that work for EB-5? How can I use a loan to fund my EB-5 investment? (1 answer)
• What visitor visa would I apply for before the EB-5 visa to go to a U.S. territory? Would it be faster to acquire an EB-5 visa by first applying for a U.S. visitor visa to Guam, for example, instead of mainland America? What visitor visa would I apply for before the EB-5 visa to go to a U.S. territory? (1 answer)
• How will my I-526 petition affect my I-539 application and vice versa? My current status is H-1B. I want to resign and change the status to H4. However, I already filed the I-526 application about six months ago, and received the receipt number. There are questions on the I-539 application such as "Has an immigrant petition ever been filed for you?" Considering this, how will my I-526 application affect my I-539 approval, and vice versa? (1 answer)
• What will happen if I apply for the EB-5 visa and am called onto active duty in my home country? I reside in South Korea and want to immigrate to the United States through the EB-5 visa. However, my country has military conscription. What will happen if I apply for the EB-5 visa and must serve in my home country? What would my residency status be if my I-526 application is approved? Would I still be subject to my home country’s citizenship requirements? (1 answer)
• What constitutes admissibility during a U.S. consulate interview? During the visa interview in a U.S. consulate, I understand that the officer must be sure about the applicant's "admissibility." What does admissibility mean when the applicant has passed all the steps of OFAC, Immigration, I-526, etc., for their EB-5 visa? (1 answer)
• How can a project developer use EB-5 capital for a hotel renovation? I am a developer looking to get into the EB-5 space. I own an operating hotel that is worth $15 million and I am thinking of putting in an additional $15 million for capital improvements, and I will swap the flag of the hotel. It is currently a 2 star hotel and I will be converting it to a 4 star, and I plan on closing down the hotel for a year for the renovation. Can I use EB-5 capital for this hotel renovation? I was told that the job requirement issue may be at jeopardy since I am not changing the character of the hotel, but also heard that it fits perfectly within the rules of EB-5. Will a hotel renovation satisfy EB-5 requirements? (1 answer)
• Can jobs created by the total capital be counted toward EB-5 requirements? I am looking to invest in a regional center. However I can see from the job creation data that they are also using other capital besides EB-5 capital to calculate indirect jobs. Does the USCIS allow jobs created by the total capital to be counted towards EB-5 requirements? (1 answer)
• How much of a delay does a request for evidence cause? I would like to file my I-526 as soon as possible, but I am not immediately able to provide all necessary payment slips, bank statements etc. I currently can only get partial information that supports the establishment of the business and tax returns from selected years right now, and might be able to acquire the rest later. Should I proceed with the I-526 anyways, knowing I will probably get a request for evidence? How much of a delay does an RFE cause in application processing? (1 answer)
• How long does processing take after an officer has been assigned to the case? I am an investor, and received an e-mail notification from USCIS stating, in part, that "receipt WACxxxxxxxxxx is currently assigned to a USCIS Officer. We appreciate your patience as we work on your case." How long does processing take after an officer has been assigned to the case? (1 answer)
• In which business categories do regional centers accept projects? Do you see investors investing in anything other than hotels, restaurants, or real estate? In which business categories do regional centers accept projects? (1 answer)
• What happens to my original investment once an EB-5 project is completed? I understand that the funds I invest for an EB-5 visa are not guaranteed as refundable. However, on average, how long would it take for my investment to be returned? Can I expect to receive any returns on my original investment? If a successfully completed project did not return my capital, would I be able to do anything about it? (1 answer)
• How does USCIS verify regional center project job creation at the I-829 stage? A regional center EB-5 project will be using the expenditure/revenue model in its economic analysis. Let's say there are 50 direct jobs, 20 indirect jobs, and 10 induced jobs in the "Operational" job category calculations. During the I-829 stage, will USCIS still want to see evidence (such as W-2s) verifying the 50 direct jobs or would the evidence of actual expenditure/revenue be sufficient? How does USCIS verify regional center project job creation during the I-829 stage? (1 answer)
• How do I apply for my EB-5 green card for a previously-made investment? Over the last several years I have purchased five houses in Maryland in my aunt's name, and I am renting them out. However, I am living in Guyana. Since I have already made an investment, how would I go about applying for my green card through EB-5? (1 answer)
• What are the criteria for an EB-5 direct investment? Does the EB-5 direct investment option require that you establish a new business from scratch (i.e. start-up) or can you purchase an existing business with a view to expansion via additional capital investment, for example, to meet the job creation criteria? How is the initial investment assessed, and what criteria is applied, to qualify as an EB-5? (1 answer)
• Who is required to register as a broker-dealer to conduct an EB-5 offering? Who is required to register as a broker-dealer to conduct an EB-5 offering outside the United States? (1 answer)
• What happens if a regional center changes its job verification method? I have a potential EB-5 business investment for which an IMPLAN economic analysis was conducted. The business wants to change the way jobs are reported from the revenue model in the study to counting jobs directly through W-2 forms. Does this seem feasible? Have there been any cases where a regional center has submitted an I-526 that uses W-2 forms as a way of calculating direct jobs, and at the same time used just the indirect/induced job calculations from an IMPLAN study for the same project? (1 answer)
• When does interest start accruing on the money I put in an escrow account? I am looking to raise funds for my project under the EB-5 program but am running into difficulties in my pro forma with a concept. If there is money in an escrow account, waiting for I-526 approval, when does interest start accruing? After the I-526 approval or after the lender releases the funds to the developer? (1 answer)
• When and how do I transfer my capital to the company in which I am investing? Once I have chosen a company in which to invest, when and how do I transfer my capital to them? How do I show proof of investment on my I-526 application? (1 answer)
• What kind of taxes can I be expected to pay with my EB-5 investment? If I make an investment with a regional center, what kind of taxes can I be expected to pay (in the U.S. and my home country)? Also, how long can I expect to keep my investment in the regional center? (1 answer)
• How can buying multiple franchises satisfy creating 10 jobs under the EB-5 investment requirements? I am applying for an EB-5 visa and looking to buy a franchise currently running. However, the business only employs three or four workers. How can I satisfy the requirements of the EB-5 visa process? May I start more franchises to satisfy the requirement of 10 created jobs? (1 answer)
• What are the EB-5 investment requirements in terms of partial payments and partnerships? I am confused about certain EB-5 requirements. Is it possible for an EB-5 investor to pay part of the EB-5 investment amount personally and part as a loan from the bank of the country of residence? Does the investment have to be made all at once or can it be completed in installments? Can two people invest in partnership for a business in EB-5, and if so, what will be the minimum investment amount required? (1 answer)
• How will CPI affect the minimum EB-5 investment amount in 2016? I need help understanding one of the changes which I hear could happen in the EB-5 program in 2016. This change is related to the amount of the EB-5 investment, which is currently $500,000 for TEAs. If in 2016 this amount is increased on the value related to CPI in 2015, how much will the investment amount be increased by in dollars? (1 answer)
• How can I use both an L1-A visa and the EB-5 visa to receive my permanent residency more quickly? I am currently in the United States on an L1-A visa. I want to continue working for my L1 sponsor-employer and establish my own business through the EB-5 program. Can I invest in my own business while on an L1-A visa and apply for the EB-5 visa at the same time? What would be the quickest way for me to get my permanent residency? (1 answer)
• What financial limitations are there on an EB-5 investor’s funds? Can an EB-5 investor's funds be treated as equity in a project or are they limited to being a loan? If equity is allowed, is there a maximum investment allowed? (1 answer)
• How long must I stay in the United States to qualify for the I-829? I am an EB-5 investor and have just received my two year conditional green card. Before applying for the I-829, can I live in my home country China for most of the time? How long must I stay in the United States to qualify for the I-829? (1 answer)
• How do fired employees affect EB-5 job creation requirements? I am an investor looking to establish a startup in the United States and obtain my EB-5 visa. What would happen if I hired an employee, and then had to fire them after they joined the startup? Would I have to I re-hire someone else? Would I have to submit new EB-5 documents if I re-hire? (1 answer)
• Under what conditions of a failed project could my green card be revoked? If I invest $500,000 in a regional center project, and am granted my permanent green card, and for whatever reason the project fails, would the government revoke my permanent green card? What are the conditions of a failed project under which I would have my green card revoked? (1 answer)
• What are the rules for short-term investments in funds not related to the NCE or JCE? If a project has received the full amount of investor funds, but has not yet put those monies into the EB-5 project, is it allowable to put the investor money into a short-term (e.g. 18 or 24 month) investment vehicle so that the regional center can earn some operational cash while waiting for project approvals? How much leeway does the regional center have to try and create a return on investor cash while waiting for governmental or project approvals? If none, isn't that tantamount to a loss (due to inflation)? But if it's unrestricted, doesn't this allow a regional center to essentially gamble with investor money on something that has nothing to do with the agreed-upon project? (1 answer)
• What role do EB-5 service providers play in the immigration process? Who are EB-5 service providers? What role do they play in the EB-5 immigration process? Are they legally required to have certain credentials? if so, what are they? (1 answer)
• What benefits are available on F1/F2 status if an I-526 has been submitted? My wife and I are currently on F1/F2 and we submitted an I-526 petition four months ago. Since it may take longer than we expected, if she gets pregnant, can she apply for Medicaid? I know that in New York non-immigrant visa holders are allowed to apply, but how will the EB-5 application affect this? (1 answer)
• How will L-1 and E-2 denials affect my EB-5 visa eligibility? I am a Canadian Citizen and have been in the United States on an L1-A from 2011 to July 2014. I applied for a green card through L-1 status and was denied due to the size of my U.S. company. My L1-A renewal was also denied because my company was not big enough and my E-2 was denied under section 214(b). I have invested more than $1.2 million in properties and a recycling business and I currently employ three people. In two years I can probably increase that to five employees and I am thinking of buying an additional business to get another five employees. Will my previous L1-A and E-2 denials prevent me from receiving an EB-5 visa? (1 answer)
• What qualifications are required to perform EB-5 investment services? I would like to invest the capital funds for EB-5 investors. What kind of qualification would be legally required to perform this function for others (clients who are seeking visas)? (1 answer)
• What should be included in an EB-5 business plan? I know that the business plan is an important component when submitting the I-526 application. However, I have not been able to figure out exactly what the business plan is supposed to include. What are the essential parts of an EB-5 business plan? Will a business plan for a regional center project be different than one for a direct investment project? (1 answer)
• How can I verify the legitimacy of a direct investment broker? I have been approached by a U.S. company wishing to raise funds for my company through direct EB-5 investments, and I wanted to see if there are any ways to determine their legitimacy in regards to USCIS or any other governing bodies. Is there an avenue to verify a company representing "direct" non-regional center investments for domestic companies? (1 answer)
• What is the purpose of an EB-5 investor signing the Form W-8BEN? What is the purpose of an EB-5 investor signing the Form W-8BEN? Will the regional center file this form with the IRS? (1 answer)
• What are the risks of releasing funds early as requested by the regional center? A few months ago I submitted my EB-5 application to USCIS. My EB-5 investment funds are currently being kept in an escrow account which says it will be released to the regional center only when my application is approved. Today the regional center asked if I can release the funds now for them to use immediately. Should I comply with the regional center's request? What risks will I face with this early release of funds? (1 answer)
• How can one EB-5 project be associated with two regional centers? Can two regional centers "co-host" one project? That is, two separate regional centers will each seek EB-5 investors for the same project (until the EB-5 project quota is filled), with the investors filing under their respective regional center. If yes, will two sets of PPM/business plans/economic analyses have to be made? Will any complications arise from this structure? (1 answer)
• How can I use funds in a trust to make an EB-5 investment? I used to work for an investment banking and private equity industries in Eastern Europe and earned more than $1 million in annual bonuses and proceeds from sale of employee shares. The funds were paid by the Cyprus holding entities to a trust of which I am a beneficiary, and, therefore, were not taxable in my home country. Will these trust funds qualify for an EB-5 investment? If so, what will I need to include in terms of source of funds documentation? (1 answer)
• How can multiple EB-5 investors invest directly into a project? Can an EB-5 investor invest directly into a project with other immigrant investors, without going through a regional center? How would we seek approval for such a project? Would we be able to count indirect jobs under this structure? (1 answer)
• How can I apply for EB-5 if overstayed my student visa? I have been in the United States on a student visa, which expired last month, and I have not left the country yet. However, my family has the funds available for me to apply for an EB-5 visa. Is it too late to apply for an EB-5 visa if I overstayed my student visa for one month? Should I have my parents transfer the funds, and I apply while I am still in the United States? Or will I have to return home to begin the EB-5 application process? (1 answer)
• How will my EB-5 application be affected if I change immigration attorneys? I will be submitting my I-829 application and would like to work with a different attorney than the one who filed my I-526 and I-485. Is it possible to change attorneys at this late stage in the immigration process? Will I need to provide USCIS with different documentation? How will my EB-5 application be affected if I change immigration attorneys? (1 answer)
• How will the passing of an EB-5 applicant affect his family’s conditional permanent residency? My husband invested under EB-5 and we currently have U.S. conditional permanent residency with our two small children. My husband has since grown ill and because we are unsure if he will improve, we are making all necessary arrangements. What will happen to my husband’s EB-5 application if he passes before the I-829 is submitted? How would our conditional permanent residency be affected by his passing? (1 answer)
• How can the purchase of an existing business qualify as an EB-5 investment? (1 answer)
• How will issues with an EB-5 investor's application affect a regional center project? I am a civil engineer and am seeking to affiliate with a regional center to raise EB-5 capital for my project. I understand that if an EB-5 project does not create the required amount of jobs, among other requirements, the investors will not receive their green cards. However, on the investors' side, what are some problems that could affect my project down the road? For example, what happens to the project if an EB-5 investor's application is denied at any point during the immigration process? (1 answer)
• How much profit can I expect from investing in an EB-5 project? Can I expect to make a profit from investing in an EB-5 regional center project? What percentage can I expect as a typical rate of return? Is the regional center required to provide this information in the offering documents? (1 answer)
• What should I do if my temporary conditional green card expires before I-829 approval? My I-829 petition is still under adjudication (it was filed in July 2014). In August, I lost my conditional green card and I was granted a temporary one on my passport. The expiry date of that temporary green card will be mid-Feb 2015. What if at that time I am still not granted a permanent green card? Do I need to get a replacement card right now? (1 answer)
• What is the timeline for creating an EB-5 regional center? My company is interested in creating an EB-5 regional center, but we are confused about the process. Do we submit a complete project proposal with the I-924 application? How long does I-924 approval take? When should the investors' I-526 applications be submitted? (1 answer)
• What changes are being considered for Chinese EB-5 applicants in 2015? Based on online news, there seems to be limitations upcoming for Chinese EB-5 applicants: the 2014 cap is reached; there may be a separate program for Chinese applicants; and possibly a higher threshold investment for future applicants. What changes are being considered for Chinese applicants going into 2015 and 2016? Have the processing times been further extended due to the cap being reached? (1 answer)
• How can I apply for EB-5 if I do not currently own a business? I was reading the Form I-526 and I noticed the fields where you have to describe your current business, such as company name, type of business, its total investment, how many jobs were created and etc. Is EB-5 only for applicants who already have some kind of business? If I only have the required amount of money and a good investment plan in the United States, am I able to apply for EB-5? (1 answer)
• What are the consequences of submitting Form I-924A late? What will happen if USCIS does not receive a regional center's Form I-925A by December 31? Can the regional center continue to operate even if the Supplement is received late? (1 answer)
• When do regional centers release funds to the job creating entity? If I am the first EB-5 investor in a project which will have other EB-5 investors, when is the regional center supposed to release my funds? Will it be at the same time as all the other investors who subscribe to the project? Or is the regional center supposed to release each investor's money one at a time? (1 answer)
• What liabilities can result from translating EB-5 offering documents? We operate a regional center and would like to present an offering package, but all the documents will be in English. Does the regional center typically translate the offering package for the investor? Or is the investor responsible for translating these documents? Will there be extra liabilities involved in translating offering documents? (1 answer)
• How can I invest directly into two businesses through EB-5? I would like to start-up business in the United States only with the use of my own capital, and apply for EB-5. 80 percent of the investment will be in agribusiness in a rural area, and the other 20 percent will be allocated to a complement business in an urban area. Is it possible to divide an EB-5 direct investment between two businesses? What would be the minimum investment amount if both an urban and a rural area are involved? (1 answer)
• When is a regional center required to file an amendment? Can a regional center administer a project outside of its designated geographic area and industries without filing an amendment? When is a regional center required to file an amendment? (1 answer)
• How can I renew my F-1 visa after applying for EB-5? I am currently a F-1 student and will graduate on February 1, 2015. I have applied for OPT, which is still pending and my F-1 visa is expired. I plan to go to my home country for the holiday and then come back to the United States to start my OPT (I have a job offer). I am also applying for EB-5 and just submitted the I-526 last week. Will my I-526 application already be in the system? Is it possible to renew my F-1 visa after I applied for EB-5? Can I leave and renew in my home country and then re-enter the United States? (1 answer)
• What evidence is needed to prove job creation when filling Form I-526? When filling Form I-526, I read that you need to provide either a comprehensive business plan, OR evidence of having hired 10 employees. It seems easier to create the ten jobs and provide evidence of hired employees, rather than trying to create a business plan suitable to USCIS policies. Is a business plan required? Does USCIS process the I-526 application more quickly if the jobs have already been created? When filling Form I-526, what evidence should I provide to prove that employees were hired? (1 answer)
• What is the first step for businesses seeking EB-5 capital? I am trying to figure out the best way to find an EB-5 investor for a rural area in Texas. We are looking to expand our restaurant into some of the other smaller surrounding areas. How do we properly contact an investor seeking an EB-5 visa? What is the first step for a business seeking EB-5 capital? (1 answer)
• Do I have to show proof of funds for a house purchased 10 years ago? If I purchased my house 10 years ago and want to get a mortgage loan and use it for EB-5 investment, do I have to prove how I purchased the house 10 years ago? I have received different answers on this question. What law or USCIS policy addresses this question? (1 answer)
• How will a criminal record affect my EB-5 visa eligibility? I was convicted of passport fraud in America over 18 years ago. I was given time served by the judge and was subsequently deported back to my home country. Would this conviction disqualify me from applying for an EB-5 investor visa? What criminal offenses affect EB-5 visa eligibility? (1 answer)
• How can a regional center legally pay foreign migration agencies? It seems likely that an EB-5 investor will come to a regional center via a foreign migration agency. However, since the investor funds will likely be in escrow until I-526 approval, at what point in the process is it typical for the foreign migration agency to be paid? What restrictions are there on paying foreign migration agencies who subscribe EB-5 investors? (1 answer)
• How can someone without an employment history apply for EB-5? My son is a college student in the third year in China. I would like to give him $500,000 to apply for the EB-5 visa through a direct investment project (restaurant). He has never earned any income or had employment experience. Will USCIS disqualify him based on his lack of employment and management experience? What do we do if he has no financial records? (1 answer)
• How can I apply for EB-5 if I already applied for an investor visa in another country? Is it possible to apply for the EB-5 visa if I have already applied for an immigrant investor program in another country? I have the funds available, and feel EB-5 would be a faster choice. Would I need to withdraw my other application? How can I apply for EB-5 if I already applied for an investment immigration program in another country? (1 answer)
• How does an EB-5 investor's family member adjust their status after I-526 approval? My mom applied for EB-5 and submitted form I-526 earlier this year. My father and I are also on the application. I am a student on F-1 status, and I would like to know what the process is after the approval of the I-526. Do I have to leave the United States to go back to my home country if my parents were to go through the consular process to obtain their green cards? If not, can I apply for the I-485 while my parents use the consular process back home? What are the forms that my mom needs to complete before I can submit my I-485 application? (1 answer)
• What happens if a conditional permanent resident leaves the U.S. for six months? I am EB-5 investor and have conditional permanent resident status. I went on a trip and stayed outside of the United States for more than six months. Will USCIS now deny my I-829 petition? If so, is there any way to appeal? What are my options if I stay too long outside the United States as a conditional permanent resident? (1 answer)
• How are public-private EB-5 projects different? Does the EB-5 investment need to be made in a business or can it be made in projects that the city/state is undertaking? Are there any advantages to investing in a public-private EB-5 project? How are public-private EB-5 projects different from private EB-5 projects? (1 answer)
• How can my fiance receive a green card through my EB-5 application? At the time of applying for my EB-5 application, I was just engaged to my finance. Will my finance still receive the temporary green card? In other words, do I need to be legally married to my partner before applying for EB-5 in order to receive the green card for both me and my partner? (1 answer)
• How are EB-5 funds usually returned after I-829 approval? When conducting due diligence, what should I look for in terms of a regional center project’s exit strategy? After I commit to a project, is it allowed to change its exit strategy? (1 answer)
• When is a purchaser representative needed in EB-5? What is a purchaser representative? If I am a student and getting my source of funds for EB-5 from my parents, do I necessarily need a purchaser representative when I invest into a regional center project? (1 answer)
• How would an EB-5 policy change affect submitted I-526 applications? Will President Obama’s immigration executive action include any changes for the EB-5 program? How would an EB-5 policy change affect already-submitted I-526 applications? (1 answer)
• What happens between I-526 filing and approval? It sounds like Form I-526 can take at least nine months to approve. What happens in the meantime, between filing and approval? I want to be able to buy a house in the United States and live in it after filing in order to manage the investment. But if I do not have an immigrant visa, and cannot remain in the United States for more than three months, how can I run the investment? (1 answer)
• How can I apply for EB-5 from outside my home country? If somebody living outside his home country wins a lottery or amount out of a draw in a promotion, will these funds be considered suitable for an EB-5 investment? Can the funds be transferred to the regional center account directly from the foreign country? (1 answer)
• How will individual employees affect I-829 approval? So I understand that my investment in a regional center project would have to result in ten full-time jobs for U.S. workers, and that full-time means at least 35 hours a week. But how would my I-829 application be affected if, say, one of these employees showed up to work only twenty hours each week? Or if an employee quit right before I submitted my I-829? Could the actions of an individual employed under EB-5 prevent I-829 approval for an investor? (1 answer)
• How should exemplar project changes be submitted? We have an exemplar approved project that needs some minor changes. They are not material in nature. How would I submit the updated material to USCIS for approval? Would I need to submit the entire package again with the updates, or would I be able to just provide the corrections in a supplemental letter? (1 answer)
• How do I find the best EB-5 project in terms of investment? I realize that the major concern of most EB-5 investors is to get a green card, but I see little information about the investment itself. My interest is initially the investment and the green card is a consequence. I want more information to choose the best investment. How do I go about finding the best EB-5 project investment-wise? (1 answer)
• What can be counted towards the $1 million investment requirement? If the new commercial enterprise requires a physical location for business operation, can the money used to acquire the real property count towards the $1 million requirement? For example, the NCE is a residential elderly care business. Can the money used to purchase the residential homes and subsequent renovation count towards the $1 million requirement? (1 answer)
• How can I change from E-2 classification to an EB-5 visa? I have invested $800,000 in a rural area and got my E-2 approved. I acquired the business through my corporation. There were four existing jobs, which I am continuing. Can I show the same capital for an EB-5 investment? How could I meet the ten job minimum requirement for EB-5? Could I create six more jobs, and show the total number of jobs as six new jobs, plus four already existing jobs? (1 answer)
• What is the I-829 approval rate for the EB-5 program? I am interested in an EB-5 regional center investment. However, I read in The Brookings Institution Report that stats on the percentage of conditional visa approvals which led to removal of conditions are not available (because regional centers are private enterprises that are not regulated by the government). Where can I go to find accurate information on how many I-526 and I-829 applications were approved for each regional center? (1 answer)
• How can I stay in the United States for EB-5 if my J-1 visa will expire? I am in the United States on a J-1 visa which will expire in 10 weeks. I filed my I-526 four months ago for a direct EB-5 investment. What should I do after my J-1 expires - can I remain in the United States? If not, should I change my status to an F-1 visa before my J-1 expires so I can stay here? Or should I return to my home country and apply for an F-1 visa to come back to the United States? Would this option have any negative effect on my EB-5 approval? (1 answer)
• What areas in New York qualify for the $500,000 EB-5 investment? What areas in New York qualify for the minimum $500,000 investment? If TEAs are rural areas or areas of high unemployment, is there any chance of one being in Manhattan? How would a TEA in Manhattan get approved? (1 answer)
• How can a regional center administer an ongoing EB-5 project? Is it possible for a regional center to have a long-term, ongoing EB-5 project? E.g. if the regional center were to successfully create the required amount of jobs, help one group of investors receive I-829 approval, and then continue the project with a new group of EB-5 investors, and so on? (1 answer)
• Do I need to invest before the I-526 petition is filed? I am looking into starting a business under direct EB-5. I understand that I need to register a company and move the funds into it before the I-526 is filed. But do I need to actually start investing (sign leases or start construction) before the I-526 is filed? Or can I wait for the I-526 approval before investing? Without approval I will not be able to work and run the business. (1 answer)
• How can family members on different visas immigrate under EB-5? I am on an F1 visa with my family. My wife and kids are on an F2 visa. If I apply for an EB-5 visa, could my children and wife travel outside the United States and return whilst the EB-5 visa is being processed? Will there be any issues in the EB-5 application considering that we are on different visas? (1 answer)
• What questions will be asked at the EB-5 consulate interview? Once the I-526 petition is approved, how long does it take before I can attend the consulate interview? How should I prepare for the EB-5 consulate interview? What type of questions will they ask? (1 answer)
• How will other EB-5 investors affect my own EB-5 application? If I invest in a regional center project, and any of the other EB-5 investors have their I-526 petitions denied, how would my personal EB-5 application be affected? Or if another EB-5 investor's I-829 petition is eventually denied, or they get a request for evidence, what would happen to my own I-829? (1 answer)
• How will a spouse's I-485 denial affect an EB-5 investor's I-829? I applied for the EB-5 visa and my I-526 was approved. After which, my wife and I applied for the Adjustment of Status (I-485) within the United States. My AOS was approved, but wife's AOS was denied due to some reasons. How will this affect the removal of conditions (I-829) for myself? Will my form I-829 be denied or delayed because of her denial (they ask for my wife's status on the form I-829)? (1 answer)
• What qualifies as lawful source of funds documentation for EB-5? I have sold an internet domain name for more than $1 million. I have screenshots and emails as proof of the sale. Would these documents be sufficient to prove my lawful source of funds for the purpose of applying for an EB-5 visa? What qualifies as lawful source of funds documentation for EB-5? (1 answer)
• How can an EB-5 investment be split between several businesses? I am interested in opening several businesses in a TEA in Orlando, Fla. The initial investment is estimated at $350,000, but I expect to invest at least another $150,000 within two years. Does the EB-5 investment have to be made all at once into a single business? Will I run into problems if I am both making the investment in installments AND investing between several businesses? (1 answer)
• Why might an EB-5 application be returned from the NVC to USCIS? In Dec. 2012, I applied for my I-526, which was approved after I left the United States (because the OPT I was on expired). I started the DS-260 application after my I-824 got approved. I am back in the United States with a B-1 visa right now. However, I just received notice that my EB-5 case was returned from NVC to USCIS without any reason. Could the B-1 visa be causing a problem? What usually causes an EB-5 application to be returned from the NVC to USCIS? (1 answer)
• When must a spouse be included on an EB-5 application? I will be immigrating though EB-5 investment with my daughter, but my husband wants to remain in our home country. I feel like I should include him on the application anyways, because he'll probably change his mind later. Will there be a problem if I list him on my EB-5 application, and he ends up not immigrating? Or if I don't list him at first, can I add him to my application at a later time? When is my last chance to include my husband on my EB-5 application? (1 answer)
• What can an EB-5 investor do if they are dissatisfied with project progress? My I-526 petition was filed last February. I had not heard anything from USCIS until today, with my attorney not providing updates during that time. (My WAC number now indicates that my case is still under initial review). Meanwhile, I went to the EB-5 project twice, and am not satisfied with the progress that it has made so far. What can I do if I don't feel like the EB-5 project I invested in is proceeding according to schedule? (1 answer)
• What business ownership percentage is needed to qualify for EB-5? Let's say an EB-5 investor does a full series A investment and receives 25 percent stock. Will they qualify for the EB-5 visa? What minimum percentage of the business does an investor need to own to qualify for EB-5? (1 answer)
• What qualifications should an EB-5 immigration attorney have? I have extended family that would like to apply for EB-5 as I did. The attorney that helped with my application is no longer in practice. Can they use any attorney, or do they have to use one that is licensed in the exact state where the EB-5 investment is going to be? What qualifications should we look for when hiring an immigration attorney to handle the EB-5 application? (1 answer)
• How safe is an EB-5 investment? I am wondering how safe it is to make an EB-5 investment? I would not want to lose out on $500,000 if something went wrong in the project. Would my EB-5 investment be protected in any way? Would it be safer to make a direct investment over a regional center investment? (1 answer)
• When is an EB-5 investor eligible for a U.S. passport? After I make my EB-5 investment I understand there will be some time log before the visa is issued. But when am I eligible to get a U.S. passport? Throughout the EB-5 immigration process, what documents would my family and I use to travel to other countries? (1 answer)
• How do investors become permanent residents if EB-5 is a visa program? Can someone explain how immigration through EB-5 works? Because it's called an EB-5 visa, and I know a visa only let's you stay in the United States temporarily. But the people who invest through the EB-5 visa program end up with permanent residency. So why do EB-5 visa holders get to be permanent residents? (1 answer)
• How can an EB-5 application be expedited? I would like to get my permanent green card as quickly as possible. I have heard that sometimes EB-5 visa applications can be expedited. When can an EB-5 application be expedited? How long does it normally take to get an EB-5 visa, versus getting one with an expedited application? (1 answer)
• Where can we live when immigrating through EB-5? I plan on bringing my family to the United States through the EB-5 program. I have found some regional center projects which look like good options, but we do not want to live anywhere near them. Is it required that we move to a specific location when immigrating through EB-5, like near the regional center project? Where are we allowed to live once we come to the United States? (1 answer)