Frequently asked questions

• What is an EB-5 visa?

  EB-5 visa is an immigrant type of visa that allows permanent residence in the US. EB-5 stands for “Employment-Based Visa Category 5” and is a government-funded investment immigration program aimed at raising foreign capital for US based projects.

• Who files application for 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 could be a good option to secure residency for you and your family in USA. 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 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 basic requirements for EB-5 visa?

  Investor must invest a minimum of $800,000 in a commercial enterprise, and the capital must remain in the project for the sustainment period. When investing in an existing project, these conditions should be satisfied by management company. One investment works for investor and their family.

• What are allowed sources of capital for EB-5?

  Any legitimate and proved source of capital is allowed, inlcuding:

  • Wages
  • Dividends, or business income
  • Proceeds from sale of assets
  • Loans
  • Gifts
  • Inheritance

  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 repayment of investment fully depends on terms of the project, most often, this period is determined by the loan agreement and ranges from 3 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 possible for EB-5?

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