Answers to Common EB-5 Visa Investor Questions

Posted by Rupy Cheema on May 22, 2023

Here are the questions we most frequently hear from investors:

EB-5 Visa: Requirements & Best Practices

Posted by Kurt Reuss on May 18, 2023

To secure permanent residency status, also known as a Green Card, through the EB-5 program, investors must fulfill specific requirements set by the United States Citizenship and Immigration Services (USCIS).

This article provides an overview of the requirements for obtaining permanent U.S. residency through the EB-5 program and the rules and considerations for Targeted Employment Areas (TEAs) with their lower investment amount and faster visa processing and the different types of business entities that qualify for EB-5 investments.

It highlights the key criteria investors must meet, such as the investment amount, job creation requirements, and lawful source of funds that are acceptable including loans, and various financial documentation that can should be used.

This article provides recommendations and emphasizes the importance of due diligence and expert guidance to ensure compliance.

EB-5 Green Card process: from investment to U.S. permanent residency

Posted by Kurt Reuss on May 17, 2023
 
To obtain U.S. permanent residency through the EB-5 Green Card by investment process, immigrant investors, along with their spouses and unmarried children under the age of 21, must navigate through several crucial steps:
 
  1. Decide if EB-5 is right for you
  2. Investment-selection process
  3. Immigration-lawyer selection process
  4. File your EB-5 petition #1 (Form I-526E)
  5. Consular processing or adjustment of status
  6. File your EB-5 petition #2 (Form I-829)

1. Decide if EB-5 is right for you

Is the EB-5 visa program a good fit for you? Before embarking on the EB-5 journey, you should assess if this program aligns with your immigration and financial goals.

Key considerations include:

Direct EB-5 investments vs. regional center investments

Posted by Kurt Reuss on December 10, 2021

Historically, EB-5 petitioners could make an investment in one of two ways: a direct investment, or a regional center investment.

EB-5 Source of Funds Requirements & Best Practices

Posted by Kurt Reuss on May 14, 2021

A primary requirement for the EB-5 program is an initial investment in a new commercial enterprise. The investment amount should be $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA area. According to the regulations of the United States Citizenship and Immigration Services (USCIS), investors must provide proper documentation in their I-526 petition to demonstrate that the capital for their EB-5 investment has been obtained or earned through lawful means.

EB-5 I-526 petition requirements & recent processing times

Posted by Kurt Reuss on May 12, 2021

I-526 petition investor petition requirements

For an immigrant investor hoping to obtain a Green Card through the EB-5 program, the path begins with choosing an investment project and then filing Form I-526, the Immigration Petition by Alien Investor.

What 'Reg S' Means and What EB-5 Issuers and Investors Should Know

Posted by Kurt Reuss on May 05, 2021

This article features securities attorneys Clem Turner and Jackie Prester, and registered securities broker Kurt Reuss, who works exclusively with EB-5 investments.

Redemption and Redeployment of EB-5 Capital

Posted by Kurt Reuss on April 26, 2020

Redeployment of EB-5 Capital

An important consideration facing EB-5 investors, especially those from countries that don't have EB-5 visas currently available, is how they can maintain their investment at risk, in order to satisfy their 'at-risk' program requirement, when the job creating enterprise (JCE) is ready to repay the loan made to them by the entity representing investors. Failure to do so would jeopardize their I-829 approval for permanent green cards.

The upcoming EB-5 modernization rules: increased investment amounts, stricter TEA designation, Priority Date retention for some investors

Posted by Rupy Cheema on September 27, 2019

U.S. Citizenship and Immigration Services (“USCIS”), on July 24, 2019, published the “EB-5 Immigrant Investor Program Modernization.” The new regulation rules will take effect for all I-526 investors and I-924 petitioners as of November 21, 2019.

Increased investment amounts

The most significant change to the EB-5 Program will be the raising of the minimum investment requirement from $500,000 to $900,000 (for Targeted Employment Area investments, aka, TEA’s) and the increase of $1 million to $1.8 million for non-TEA investments.

The majority of the EB-5 investments in the market today would not qualify for the $900,000 investment amount since they would not qualify under the new TEA rules. Therefore, many petitioners  who would under today’s rules invest in a $500,000 TEA project would have to invest $1.8 million in the same project, with non-TEA designation, as of November 21, 2019. (See the TEA section below for more on this.)

Making an EB-5 investment? Discover 7 key considerations

Posted by Kurt Reuss on September 16, 2019

1. Real estate projects had advantages historically — what’s changed

Real estate construction projects often require a substantial investment with abundant job creation that EB-5 investors can rely on. 

EB-5 regional center projects are allowed to count direct, indirect and induced jobs based on the construction budget; an economic study will determine how many total jobs will be created. One needs only spend the project budget to ensure jobs will be created.