Frequent Asked Questions
Who can apply for the EB-5 immigrant investor program?
Petitioners for the EB-5 immigrant investor program come from many different backgrounds: professionals from a variety of fields, entrepreneurs, retirees or parents seeking to obtain permanent resident status for their children’s education.
How many EB-5 immigrant visas are available each year?
There are 10,000 immigrant visas available per year available to qualified individuals seeking permanent residence in the U.S. on the basis of their investment in an approved project. Under the Immigration and Nationality Act (INA), the permanent residence status is available to the investor as well as their spouse and children provided they under the age of 21 years.
Is business experience required for petitioners?
No, petitioners for the EB-5 immigrant investor program do not need to have any business experience.
What is the difference between regular EB-5 immigrant investor program and EB-5 regional center pilot program?
The regular EB-5 immigrant investor program requires the petitioner to directly create full-time employment for at least 10 U.S. citizens or authorized immigrant workers.
The EB-5 regional center pilot program allows the petitioner to directly or indirectly create full-time employment for at least 10 U.S. citizens or authorized immigrant workers.
The EB-5 regional center pilot program allows the petitioner to directly or indirectly create full-time employment for at least 10 U.S. citizens or authorized immigrant workers.
What is the purpose of the job creation criteria?
The purpose of the EB-5 visa program is to retain and create jobs within the U.S. economy. INA §203(b)(5)(ii) requires that a qualifying investment:
- in a new commercial enterprise creates full-time employment for not fewer than 10 persons qualified to work in the United States, or
- in a troubled business maintains the number of existing employees (qualified to work in the United States) at no less than the pre-investment level for a period of at least two years.
A troubled business is one that:
- has been in existence for at least two years
- has incurred a net loss for accounting purposes (determined on the basis of generally accepted accounting principles) during the twelve or twenty-four month period prior to the priority date on the alien entrepreneur’s Form I-526 and the loss for such period is at least equal to 20% of the trouble business’ net worth prior to such loss.
What is the cost of obtaining residency through the EB-5 immigrant investor program?
The EB-5 capital investment amount for the immigrant investor program is US $1 million or US $500,000 if the investment is a Targeted Employment Area. In addition, the investor should anticipate attorney’s fees, costs and filing fees as determined by the United States Citizenship & Immigration Services (“USCIS”).
What documents/materials are needed for the submission of an I-526 investor petition?
- Petitioner ’s source of fund analysis report
- Company’s business license, including business documents of shares distributions
- Company’s asset audit report (prepared by an accountant)
- Chinese company registration documents
- Chinese company organizational structure chart (demonstrating investor’s title and position in company)
- Chinese company’s financial statements for past three years
- Petitioner and his/her spouse’s real estate ownership certificate
- Petitioner and his/her spouse’s personal bank account statements proving sufficient investment capital
- Resume
- Copy of passports of investor and dependents including spouse and children under the age of 21
- Notarized birth certificates of investor and dependents including spouse and children under the age of 21
- Notarized police certificate or official document showing that investor and dependents including spouse and children under the age of 21 do not have any criminal records
- Notarized marriage certificate of investor and his/her spouse
- Any additional documents demonstrating investor’s annual income and assets
How can I prove my investment fund is legally obtained?
Proof of source of the investment fund can be verified through bank statements, income statements, tax returns, real estate contracts, court records or any other like documents.