EB-5 FAQs
What is EB-5?
EB-5 is a visa category that allows for immigration by investment into the United States. Under this program, a single investment can allow the investor, their spouse, and unmarried children under age 21 to receive a permanent visa (green card).
What is a qualifying EB-5 investment? $800,000 for TEA (Targeted Employment Area) projects; $1,050,000 for non-TEA projects. The investment project must create or preserve (if a “troubled business”) at least 10 qualifying jobs per EB-5 investor.
The EB-5 program is administered by United States Citizenship & Immigration Services (USCIS). Congress created the EB-5 program in 1990 to stimulate the U.S. economy. In 1992, Congress added the Regional Center Program, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers designated by USCIS.
Is there any advantage to investing in a national interest project?
Yes, there can be an advantage—though it’s important to understand how it works. Under the EB-5 Reform and Integrity Act of 2022 (RIA), USCIS may expedite the I-956F application for projects that are deemed to be in the national interest, such as those in the behavioral health sector (e.g., All Points North).
While this does not guarantee faster processing of individual I-526E petitions, USCIS will not adjudicate an I-526E petition until the associated I-956F has been approved. Therefore, an expedited I-956F can reduce the overall wait time by clearing that first hurdle more quickly.
In short: while investing in a national interest project does not directly expedite your I-526E, it can indirectly speed up the process if the project’s I-956F is approved faster.
How long does expedited processing take?
Before the Reform and Integrity Act (RIA) of 2022 expedited processing in our projects took on average 10 months. This was considerably faster than standard processing times which could take several years. Post-RIA investors have been notified that their requests for expedited processing will be held pending approval of the project application (form I-956F). This could add another 6 months to the process unless the I-956F has already been approved when the investor files.
Expedited processing is estimated to take less than a year, but data is still needed to provide an accurate assessment.
What are the advantages of filing in a project that qualifies for an urgent humanitarian need/national interest?
Although there are no guarantees when it comes to USCIS processing, our post-RIA addiction treatment center deals have all had their project application forms (I-956F) approved for expedited processing. It can be surmised that investors in these projects may receive extra attention.
Does a Rural Investment qualify for expedited processing?
What are the benefits of investing in a rural project?
Investing in a rural Targeted Employment Area (TEA) offers several significant benefits under the RIA:
- Lower Minimum Investment:
The required investment is $800,000 instead of $1,050,000. - Priority Processing:
USCIS provides priority processing for I-526E petitions associated with rural projects, which can significantly reduce adjudication times.
Reserved Visa Set-Aside:
20% of the total annual EB-5 visa allocation is reserved specifically for rural project investors. This can be a major advantage for applicants from countries facing visa retrogression or backlogs, such as India or China.
EB-5 Advantages for Investors
Immigration through the EB-5 program can have many advantages.
- US Green Card. EB-5 visas provide lawful permanent residence for the investor and certain family members.
- Self-Petition. EB-5 does not require an offer of employment, family sponsorship, or lottery.
- Flexibility. As a permanent resident, the EB-5 investor can live and work anywhere in the U.S. without restrictions.
- Speed. For nationals of many countries, the EB-5 visa is one of the fastest paths to a green card.
- Education. U.S. residency offers educational benefits and may facilitate college admissions and reduce tuition costs.
- Open. There are no educational, business background, or language requirements for EB-5 investors or their family members.
- Passive. The EB-5 investor need not majority-own, personally manage, or live near the investment project.
- Investment. The EB-5 investor makes a single investment, and has the possibility to receive a return of the invested capital.
- Permanent. The EB-5 investor and qualifying dependents are eligible for citizenship after five years of permanent residency.
Investor EB-5 Application Process — 5 Steps
Obtaining permanent residency through the EB-5 program involves a series of steps.
- Selection. Identify an appropriate EB-5 project for investment. Advisors and agents can help to identify and evaluate projects.
- Investment. Prepare the required capital investment. The minimum qualifying EB-5 investment amount is $1,050,000, or $800,000 if the project is located in a Targeted Employment Area (TEA). Consult with immigration advisors regarding strategy for source of funds, and how to transfer funds to the project.
- Immigrant Petition. After making a qualifying investment in an EB-5 project, file a Form I-526E petition with USCIS. The I-526E petition provides evidence regarding the investment project and source of investment funds. If the applicant is in the U.S. on a nonimmigrant visa (H-1B, F-1, L-1 etc.) they can concurrently file for adjustment of status (Form I-485), as well as apply for temporary work authorization (EAD card) and travel authorization (Advance Parole).
- Conditional Green Card. If the applicant is outside of the U.S., they may file for conditional permanent residency after I-526E approval. The applicant may file a visa application with the U.S. Department of State. Applicants that are in the U.S. and have filed the I-485 will automatically be processed for their conditional green card provided there is visa availability for their country of birth. The monthly Visa Bulletin indicates which countries have EB-5 visas currently available. Upon approval, the applicant, the applicant’s spouse, and any qualifying children receive two-year green cards and can enter the United States.
- Unconditional Green Card. Within 90 days of the end of the two-year conditional permanent residency period, submit a Form I-829 petition to remove conditions. This petition provides evidence that the EB-5 investment was sustained and has created jobs. When USCIS approves the I-829 petition, the investor and family members become permanent residents without condition. They have the option to become U.S. citizens after five years from when they became conditional permanent residents provided they have been in the country for more than half the time.
Requirements for EB-5 Investors
The EB-5 program has no age, language, education, business experience, or nationality restrictions for EB-5 investors or their family members. However, investors must be able to prove with documentary evidence that they acquired the invested funds legally.
Acceptable sources of EB-5 investment funds include:
- Accumulation of income/savings
- Earnings/dividends from business
- Gifts or loans that are legitimately sourced
- Inheritance
- Profits made from sale of real estate property
Immigrants through the EB-5 program must also be able to pass a consular screening interview, a criminal background check, and a medical check.
How can EB-5 investors make sure that a project is a good investment?
All investments carry a certain degree of risk. EB-5 investors should conduct due diligence (that is, do thorough research on) their projects and their regional centers to find out how much risk is involved and determine whether the project is a suitable choice. Investors are not only concerned with gaining a financial return; they also want to be confident that the EB-5 project will allow them to become permanent residents of the United States.
Investors must consider the following questions when conducting due diligence:
1. How safe is my investment?
This may require the help of an industry expert. Generally, a sound project should be fully funded with a reasonable amount of owner equity or “skin in the game”. Other factors include the track record of the management team and the developer, whether the project is already operational or under construction and whether there is any collateral underpinning the EB-5 investment.
2. Has USCIS approved the project?
If the project already has the I-956F (project application) approval it reduces the overall risk. USCIS will then just need to adjudicate the individual’s petition and not the project when the I-526E is adjudicated.
3. Can the project meet the employment creation criteria?
Investors who want to become permanent residents through the EB-5 program must prove that they created 10 qualified, full-time jobs for U.S. workers. Consequently, they should look for projects that aim to create more than 10 jobs per investor and are thus prepared for possible contingencies.
4. What is the Regional Center’s track record?
Reliable regional centers provide prospective investors with information on how many projects and visa petitions they have sponsored and what their track record is. It’s important to partner with a reliable Regional Center because they oversee compliance and must report to USCIS at least annually.
Can I make a partial investment?
According to the law, the EB-5 investor needs to be “actively in the process of investing” when they file their petition. Although there is some risk associated with doing so, you may file your petition with a down payment and fund the balance, usually within a year. The benefit of a partial payment is that it allows the investor to get a place in the queue and gives them time to fund the balance. Investors still need to provide documentation on the source of funds for the full amount when they file, so it’s best to consult with your immigration attorney on this. Not all projects accept a partial investment.
What is Concurrent Filing and What Are the Benefits?
Concurrent filing is available to EB-5 petitioners that are in the U.S. on a nonimmigrant visa (H-1B, L-1, F-1, E-2) and are in a category that has visa numbers available. The process involves submitting the immigrant petition (Form I-526E) and the adjustment of status application (Form I-485) concurrently. Prior to the RIA investors had to wait for the I-526 approval before they could file for adjustment of status.
What is an EB-5 Regional Center?
An EB-5 Regional Center is an entity designated by the United States Citizenship and Immigration Services (USCIS) to promote economic growth in a particular geographic area by sponsoring projects raising EB-5 investment. Investing in a project sponsored by a Regional Center can allow for indirect job creation calculations.
What is a TEA?
The evidence showing that a project location meets TEA qualifications is filed and reviewed with the I-956F project application.
Why Work With Us?
At EB5 Visa Fast, our mission is simple: to help you achieve your immigration goals as quickly and efficiently as possible.
We specialize in the behavioral health sector, a vital and growing area that addresses the urgent mental health and addiction crises in the United States. To date, we’ve successfully funded nine addiction treatment centers with EB-5 capital—projects that not only create jobs, but also make a meaningful impact on communities.
Our team has guided numerous investors through the EB-5 process from start to finish, and we’re proud of our consistent track record of success. Through our affiliated regional centers, we sponsor a wide range of EB-5 projects since 2012, with over 800 investors to date, many of whom have already received their green cards and full return of capital.
We hold ourselves to the highest standards of compliance and integrity, because the success of every project—and every investor—depends on it. When you work with us, you’re joining a team that’s experienced, mission-driven, and committed to your long-term success.
