EB5 Investment Visa Questions And Answers

The U.S. EB5 investment visa program has seen many major changes in the last few months, with more to come shortly. Here are the quick, easy to read answers to commonly asked questions about how the EB-5 visa changes and news that may affect potential foreign investors.

Is the EB5 Program still available?

The EB5 Direct Investment Program is a permanent program. The EB5 Regional Center Program, the more popular of the two EB5 visa pathways, has been extended to September 30, 2020.

How much does an EB5 visa cost now?

The EB5 Program minimum investment requirements increased for the first time in nearly 30 years under the EB5 Modernization Regulation which went into effect in October 2019. The new minimum investment requirement for targeted employment area investments is $900,000. Non-targeted employment area investment threshold has also increased and is now $1.8 million.

What are my EB5 investment options?

Foreign nationals can select from the Direct Investment Program and the Regional Center Program. Successful completion of either program will result in lawful permanent residency for the invest and their immediate family members.

The difference between the programs is thus: investors seeking to run and manage their own business may find the Direct Investment Program more to their liking. These investors can control their investment, run their own daily operations, and potentially greatly increase their investment return.

Investors who are not interested in the day-to-day management of their investment and are primarily concerned with obtaining green cards can potentially minimize risk by selecting the Regional Center Program. The Regional Center Program has the added advantage of allowing regional centers to count indirect and induced job creation, which makes fulfilling program requirements easier.

One myth is that only the Regional Center Program is eligible for the lower minimum investment threshold. Both programs can qualify for the lower $900,000 investment requirement if their project is located in a targeted employment area. Regional Centers, very often, select projects located in targeted employment areas to appeal to more investors.

How long does the EB5 process take?

Case processing times for the I-526 Petition are currently: 33 months to 50 months.

How long the EB5 process takes depends on many factors. These might include:

• The investor’s country of origin (Are they from a visa backlogged country such as China?)
• How complex is their I-526 Petition (Is the investor’s source of funds complicated to trace?)
• Has their EB5 project already successfully brought on EB5 investors?
• Unknown or unpredictable factors

Good news is that according to data released for fiscal year 2019 first quarter, I-526 Petition processing times were, on average, faster than the times listed on USCIS by 3 months. The average I-526 processing time was 17.5 months (less than 1.5 years!). Q1 of FY 2019 was October-December 2018 and USCIS had listed an estimated processing time range of 20.5 months to 26 months for December 2018 for the I-526.

How Does the Immigrant Investor Program Office (IPO) Process Petitions?

IPO currently processes petitions on a first-in, first-out basis. At the end of March, IPO will abandon the first-in, first-out approach and instead use a visa availability approach.

The visa availability approach will prioritize I-526 Petitions from investors from countries with visas currently, or soon to be available. This new processing approach will impact China, who currently has a visa backlog. Other countries petitions will then be prioritized over Chinese petitions. Investors from countries that are underrepresented may benefit the most and may see much faster I-526 petition approvals.

Who should apply for EB5?

The EB5 Program is for foreign nationals who want permanent residency in the U.S. (green card status). Eligible EB-5 investors, their spouses and their unmarried children under the age of 21 years may all qualify for permanent residency under the principal EB-5 investor’s application. Investors and their families who wish to live, work, travel, study and do business in the U.S. may find the EB-5 visa very beneficial.

How do I get an EB5 visa, who qualifies?

Foreign nationals who invest $900,000 into a U.S. job-creating targeted employment area (TEA) project may qualify for EB-5 visas for themselves and their immediate family members. Targeted employment areas are rural or high-unemployment areas. The minimum investment requirement for non-TEA projects is $1.8 million.

Can an EB5 investment be a loan?

Examples of sources of funds that may be acceptable for an EB5 investment include: loans, sale of assets, inheritance, gifts, income, or investments. Other sources may also be acceptable.

How do I find EB5 investment projects?

Take a look at our Regional Center page to see a comprehensive list, by state, of USCIS designated Regional Centers who might have current projects accepting investors.

Can I work with an EB5 visa and can I study at a university with an EB5 visa?

EB5 investors may work, travel, and study freely. Investors in the Regional Center Program do not have to live near their investment, nor do they have to manage the investment project on a a day-to-day basis, freeing up their time to work on their own businesses, investments, and studies.

Many EB5 investors have selected this visa program as a way to send their children to top-rated educational institutes in the U.S. Eight of the top ten universities in the world are located in the U.S. With an EB5 visa, international students can stay competitive by interning and working during the school year and freely accepting any job offer they’d like after completion of their studies. Other visa categories may limit if, where, and how long they can work during the school year.

What are the first EB5 investment steps if I want to begin the process?

To begin the EB5 process, foreign nationals will want to find an experienced EB-5 immigration attorney who can assist them with their I-526 Immigrant Petition by Alien Entrepreneur. For case specific questions, fill out our free quick evaluation below to get immediate answers.