FAQs – About EB-5 Program

 
  • What is the EB-5 Immigrant Investor Visa Program and when was it created?
    The United States government created the EB-5 Immigrant Investor Program in 1990 in an effort to attract foreign investment and boost economic growth. Eligible foreign nationals can invest either $500,000 or $1,000,000 in a new or existing U.S. business. When investors demonstrate that their investment has created at least ten jobs for U.S. workers, they may receive green cards for themselves and their families. EB5 Capital offers investment opportunities to meet these criteria.
  • What is a Targeted Employment Area (TEA)?
    A TEA is a geographical area that is considered rural, or has an unemployment rate of at least 1.5 times the national average. When EB-5 Visa applicants invest in a TEA, they can invest $500,000 rather than $1,000,000. Individual states determine the precise boundaries of a TEA.
  • What is a designated Regional Center?
    EB-5 Regional Centers are organizations authorized by United States Citizenship and Immigration Services (USCIS) to receive and manage EB-5 investor funds. Regional Centers promote economic development and job creation within a specific geographic area.
  • How many EB-5 visas are available each year?
    The EB-5 Program offers a maximum of 10,000 EB-5 Visas worldwide each year.
  • What are the job creation requirements for EB-5 visas?
    Each EB-5 Visa investment must create at least 10 full-time jobs for U.S. workers, lawful permanent residents, or immigrants authorized to work in the United States. Job creation must occur over a period of two years. By pooling funds with other investors in a Regional Center, investors receive the benefit of indirect job creation.
  • What is the I-526 petition?
    The I-526 petition is the initial visa application as part of the EB-5 Immigrant Investor Program. Prospective investors and their attorneys file this petition with the USCIS and include documentation demonstrating the investor’s eligibility.
  • What is the I-829 petition?
    The I-829 petition is the final step in the EB-5 Immigrant Investor Program. Investors and their attorneys file this petition with USCIS, and provide evidence that the investor has successfully fulfilled all of the program’s requirements, particularly that investor funds resulted in the creation of at least ten jobs. Upon approval of the petition, investors and their family members receive permanent green cards.
  • What is the difference between “conditional” and “permanent” green cards?
    The USCIS issues conditional green cards after approval of the I-526 petition. These green cards last for two years. Investors receive permanent green cards upon USCIS approval of the I-829 petition.
  • What is the most common reason for denial of an I-526 petition?
    I-526 petitions are most commonly rejected due to the applicant’s failure to demonstrate that investment funds were lawfully obtained.
  • Who is eligible to receive a green card upon USCIS approval of an applicant's application?
    Upon application approval, the investor and family are eligible for a green card. This includes the investor’s spouse and unmarried children under the age of 21, including adopted children.
  • When may investors apply for a permanent green card?
    Investors and their attorneys must submit the I-829 petition within 90 days of the conditional green card’s expiration. Upon the I-829 approval, the conditions of the initial green card are removed, and investors and their family members can become permanent U.S. residents.
  • Are investors with conditional green cards subject to U.S. tax law?
    Yes. Green card holders are taxed in the same way that U.S. Citizens are; green card holders are subjected to federal tax on worldwide income as of the date they become residents.
  • What are the benefits of a U.S. green card?
    U.S. green card holders are able to reside, work, and retire anywhere in the United States, lawfully and permanently. Additional benefits include hassle-free entry and exit from the U.S., the ability to apply for federal education aid, and Social Security and insurance benefits. Permanent residents may also sponsor their relatives for green card applications.