Frequently asked questions

• What is an EB-5 visa?

  An EB-5 visa is a US immigrant visa that allows permanent residence in the US. Green cards are obtained primarily through a lottery, family relationships, or employment-based sponsorship. EB-5 stands for “Employment-Based Visa Category 5” and is a government-funded investment immigration program that creates jobs in the US.

• Who files a petition for an EB-5 visa or who is the principal applicant for an EB-5 visa?

  The principal applicant for EB-5 is usually an individual investor. Spouses of investors and unmarried children under age 21 are dependent applicants and may also receive green cards along with the principal applicant. Minors may also be principal applicants.

• Why EB-5?

  Immigrant investor programs exist in many countries. However, the US EB-5 program remains one of the most popular worldwide. If you are in the US on an H-1B/F-1/L-1A visa or any other nonimmigrant visa category, obtaining a green card through the EB-5 program is the best way to secure a future for you and your family in the United States. Obtaining a green card also eliminates the need to continually renew a nonimmigrant visa and significantly reduces the risk of being forced to leave the country due to any changes in your visa program, work, or personal life. In addition, with the launch of the EB-5 reform in March 2022, the processing times for EB-5 petitions have been significantly reduced.

  Using EB-5 to expedite the green card process is especially important for H-1B visa holders who must continually renew their status and contend with career restrictions. EB-5 can also be an alternative to the E-2 visa, which does not lead to a green card and is entirely at the discretion of the consular officer, unlike EB-5, which primarily checks the source of capital and the applicant's lack of criminal history.

• What are the basic requirements for an EB-5 visa?

  Each investor must invest a minimum of $800,000 in a commercial enterprise, and the capital must remain in the project at least until the expiration of the conditional green card and create 10 jobs in the United States. When investing in an existing project, these conditions are met by the RC.

• What are the capital requirements for EB-5 investments?

  An EB-5 visa is a US immigrant visa that allows permanent residence in the US. Green cards are obtained primarily through a lottery, family relationships, or employment-based sponsorship. EB-5 stands for “Employment-Based Visa Category 5” and is a government-funded investment immigration program that creates jobs in the US.

  • Wages
  • Business Income
  • Proceeds from sale of property
  • Loan/credit secured by property
  • Property received as a gift of property
  • Property received by inheritance

  You can use loans/credits for investments, ideally they should be secured by an asset whose acquisition history is transparent. The funds can be received from anywhere in the world, as long as they are legally owned by the investor.

• When do EB-5 investors get their capital back?

  The return period of investments depends on the terms of the project, most often, this period is determined by the loan agreement and ranges from 2 to 7 years. If the investor enters the project after the start of the loan term, the return period will be shorter.

• What types of projects are included in the EB-5 program?

  Most EB-5 projects involve real estate development, as the creation of large numbers of jobs is most easily demonstrated in the construction industry.