EB-5 Program Overview

Each applicant must choose an EB-5 project to invest in. This choice is important because each project has its own unique set of risks. Just like you would choose a route to avoid a damaged road, traffic delays, and other problems, you want to select a project that offers the safest and fastest route to your destination: in this case, a Green Card and the repayment of your investment.

To meet the EB-5 program requirements, an individual must make a minimum qualifying capital investment of at least $1,050,000. If, however, the investor chooses a project located in a targeted employment area (TEA), they may invest a lower amount of $800,000.

A TEA can be either a rural area or a high-unemployment area. A rural area is one that is not in a metropolitan statistical area or a municipality that has a population of 20,000 or more people. A high-unemployment TEA is an area with an unemployment rate that is at least 150% of the national average.

All EB5AN projects are in TEAs. We pride ourselves in offering only high-quality, low-risk projects.

An EB-5 investor must prepare a source-of-funds report to prove he or she obtained his or her investment funds lawfully. This is a USCIS requirement to maintain the integrity of the EB-5 program.

This report has to show where an investor obtained all of the funds used in his or her EB-5 investment. It needs to include relevant documentation, such as financial statements, tax returns, and business records.

Such documentation is complex and vital to the success of EB-5 investors’ petitions. As a result, EB-5 investors should rely on the expertise of qualified immigration attorneys to prepare their source-of-funds reports.

An EB-5 investor must also verify that he or she is accredited by providing an accredited investor certification letter. Such a letter can be obtained from regional center sponsors, financial advisors, and immigration attorneys.

Form I-526E is the initial immigrant petition for regional center investors and a key part of the EB-5 process. USCIS reviews this form to determine whether an investor has met the program’s requirements. In order for an EB-5 investor to receive conditional permanent residency, USCIS must approve the investor’s Form I-526E.

Direct investors file Form I-526 instead of Form I-526E.

When filing Form I-526E, the following are the key steps that you should take:

• Sign a contract with your immigration counsel to begin your Form I-526E preparation.
• Work with your immigration counsel to include all source-of-funds documentation in your I-526E petition.
• Have your immigration counsel submit your Form I-526E to USCIS.

When USCIS approves an investor’s Form I-526E, it means the agency has judged the investment to be compliant with all EB-5 program requirements. Approved investors are then able to apply for and receive a conditional two-year Green Card. Some investors already in the United States may be able to file to adjust their immigration status before receiving Form I-526E approval, a process that is described in more detail below.

In any event, the next step an investor must take will depend on whether he or she is already in the United States on another visa status or is still out of the country. In both scenarios, the destination is still a Green Card, but the route to getting there divides.

Process for H-1B Workers and Other Applicants in the United States

An investor who resides in the United States on a valid non-immigrant visa—such as an H-1B, E-2, F-1, or TN visa—can apply for adjustment of status using Form I-485. As long as an EB-5 visa is available, the investor may file Form I-485 at the same time as Form I-526E (known as concurrent filing). Otherwise, the investor will have to wait until a visa is available.

If an EB-5 investor files Form I-526E and Form I-485 concurrently, his or her immigration status will be changed to “pending.” After this, he or she may apply for an employment authorization document (EAD) and an advance parole (AP) travel document. An EAD lets an EB-5 investor work for any employer, despite any prior visa restrictions, and an AP travel document lets an EB-5 investor travel internationally while his or her Form I-526E is processed. Many EB-5 investors have received their EADs and APs in a matter of weeks.

Process for Applicants Outside of the United States

An investor who lives outside of the United States must proceed with consular processing to get his or her immigrant visa using Form DS-260. In this case, the investor must wait for his or her Form I-526E to be approved and for a visa to be available before filing Form DS-260. The National Visa Center (NVC) will schedule a consulate interview, which will take place at a U.S. embassy or consulate in the applicant’s home country.

Once an EB-5 investor’s Form I-526E and his or her Form I-485 or DS-260 are approved, as described in Step 8 above, he or she will be given a two-year temporary Green Card. Before the two-year period of conditional permanent residence ends, the EB-5 investor will need to apply for a permanent Green Card.

• Three months before his or her conditional Green Card expires, an investor’s immigration attorney will submit Form I-829 to remove temporary conditions.
• Once the I-829 petition is approved, the investor will receive a permanent Green Card.
• Each investor will still have to wait to receive a repayment of his or her investment funds until the end of the investment period or loan term.

Once USCIS approves Form I-829, the EB-5 investor will be issued a new, permanent Green Card. From an immigration perspective, you will have arrived at your destination. Assuming all goes well with your project, you should also receive a return of your invested funds plus any earnings at the time and in the manner described in the project documents.

Frequently Asked Questions:

Is EB-5 a Good Fit for Me?

An EB-5 investment may be a great choice for you if you meet the following conditions:

• Able to Wait. It can take several months to obtain residency through the EB-5 program.
• Enough Capital to Invest. You must have the means to pay for your investment, administrative fees, filing fees, and any professional fees such as legal fees. You must also have the ability to leave your money invested for several years without needing to withdraw the funds.
• Lawfully Obtained Funds. You must be able to provide documentation showing where and how you legally obtained your money.
• Risk Tolerance. EB-5 investments have risks. You must be willing to tolerate major risks, including the risk of a total loss of your investment, to be eligible for an EB-5 investment.
• Meet Suitability Requirements. Since the EB-5 program is an immigration program, investors are subject to certain laws and admissibility requirements. Contact us to learn more about the other suitability requirements of EB-5 investments.

If you desire to legally immigrate to the United States, the EB-5 program offers you a fast and simple way to complete your immigration process. However, the program does have a few strict requirements.

Before starting the EB-5 process, you will need to make sure that the funds you plan to invest qualify. This means the funds have to meet the following criteria:

• The funds belong to you.
• The entire amount of the investment is traceable to a legal source.

Permitted sources of funds include salary, dividends, and gifts from family or friends, among others.

You will need to provide documentation showing the source of all funds, and you will also need to show that all appropriate taxes have been paid.

How Long Does the EB-5 Process Take?

There is no one answer to how long the EB-5 process will take. The process timeline varies considerably between individuals. Factors such as the following can affect processing times:

• The investor’s residence inside or outside of the United States.
• The investor’s chosen project, including its location and investment structure.
• The investor’s home country and the demand for EB-5 visas there.
• The accuracy of the investor’s paperwork.
• Backlogs at USCIS field offices or the NVC.

Be ready for potential delays in processing times because of the high volume of petitions sent to USCIS each year. USCIS reviews petitions thoroughly to ensure that all requirements of the EB-5 program are met before granting permanent resident status.

Investors in rural TEA projects are given priority processing benefits, and these investors should receive conditional permanent resident status more quickly as a result.

From start to finish, the EB-5 process may take several years to complete. At the end of this process, an EB-5 investor will be a legal permanent resident of the United States. Once an EB-5 investor has held his or her Green Card for five years—which includes the two-year period of conditional residence—he or she may apply for U.S. citizenship by naturalization.

While this process may sound like it takes a long time, the EB-5 timeline is substantially shorter than the time period that most other immigrants have to wait.

How Do I Start the EB-5 Investment Process?

Obtaining permanent resident status through the EB-5 program can be a complex process. To get you off to a good start, we have compiled a list of what you will need to begin the process.

• Accredited Investor Status. You must have a net worth of at least $1,000,000 or a yearly income of at least $200,000 for the past two years to be considered an accredited investor. Gifted or inherited funds may count toward this requirement. You should discuss your accredited investor status with your immigration counsel.
• Minimum Investment Amount. The required minimum investment is $800,000 for a project located in a TEA. All other projects require $1,050,000 in invested capital.
• Documentation Showing Your Source of Funds. Your funds must be obtained from legal sources, which include the following:
  • salary from employment
  • dividends from a business
  • funds from an inheritance
  • gifts from family or friends
  • proceeds from the sale of real estate
  • other legitimate sources
  • some combination of the above
• Money to Pay for Other Costs. You will need funds to pay for other costs, including processing fees, attorney fees, and administrative fees. To avoid delays, you should have this money available before you begin the process.
• A Clean Record. To immigrate to the United States, you will need to pass a series of background checks. These checks will look into your finances, political activities, and criminal history to ensure you are eligible for immigration to the United States.

What Are the Key Forms and Expected Costs of the EB-5 Visa Program?

To complete the EB-5 process, EB-5 investors in the United States who invest through a regional center must file three separate petitions with USCIS:

• Form I-526E (Immigrant Petition by Regional Center Investor).
• Form I-485 (Application to Register Permanent Residence or Adjust Status).
• Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status).

The filing of Form I-526E must provide details about the proposed project and include proof that the investment funds were legally obtained. Your petition must show that the project will meet the requirements of the EB-5 program by creating 10 full-time jobs that will last for at least two years.

If you live in the United States as an H-1B worker or on another non-immigrant visa, you can file Form I-485 along with your I-526E petition. Form I-485 allows you to change your immigration status to “pending,” continue to live in the United States while your I-526E petition is processed, and apply for work and travel permits (see step 8). As part of Form I-485, you need to provide proof of eligibility for immigration to the United States, which may include medical records and other legal documents.

The final petition, Form I-829, must show that the investment has resulted in the creation of the required 10 jobs. It must also show that the investment remained at risk as required.

These petitions are filed in stages throughout the investment process, and each stage carries its own set of costs. To give an idea of how much money the entire process costs and where that money goes, we have provided a breakdown of fees for each petition or stage.

The breakdown provided is based on the minimum $800,000 investment required for a TEA project. The fees outlined below are estimates and may vary.

First Stage: Filing Form I-526E

Initial investment capital total amount (for TEA or infrastructure projects) – $800,000
Initial application fee (paid to USCIS) – $11,160 + $1,000 EB-5 integrity fund fee
*Other fees in this stage may include attorney’s fees, report writing fees, and money transfer fees.

Estimated total: $812,160 + attorney’s fees + administrative fee

Second Stage: Filing Form I-485

USCIS filing fees (per family member over age 14) – $1,440
USCIS filing fees (per family member under age 14) – $950
*Other fees in this stage may include attorney’s fees and money transfer fees.

Third Stage: Filing Form I-829

USCIS processing fee – $9,525
*Other fees in this stage may include attorney’s fees, processing fees, and money transfer fees.

Work With EB5AN to Get Your Green Card

The EB-5 process has several stages, each of which has its own requirements. That’s why you need help from a successful EB-5 firm that will look out for your interests and help you navigate the process.

EB5AN has helped more than 2,300 families from over 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and we offer clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

To learn more about how you and your family members can become lawful permanent residents of the United States, book a free call with us today.