Since the passage of the EB-5 Reform and Integrity Act in March 2022, EB-5 investors are allowed to file Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently with Form I-526 or I-526E, provided a visa would be immediately available to them upon petition approval. This means that if the investor’s priority date...
Rakesh Patel and Jacqueline Trevino
Upon approval of Form I-526 or I-526E, EB-5 investors are granted a conditional green card that is valid for two years. To transition from a conditional green card to a permanent green card, investors must go through the removal of conditions phase, which involves filing Form I-829. Adjudication Process Form I-829, Petition by Investor to...
One of the key challenges for EB-5 investors is identifying investment funds. Many focus on personal earned income, gifts, or loans; however, another viable option is to use profits from an existing business the investor owns. EB-5 Investment Requirements Investors must invest $800,000 or $1.05 million, depending on whether the project is in a Targeted...
There are various visa options for foreign nationals, each tailored to a specific purpose. The B1/B2 visa is commonly used for short-term business and tourist visits to the US, while the EB-5 visa provides a pathway to permanent residency through a qualifying investment. If you are currently in the US on a B visa and...
Foreign investors can either invest through a USCIS-designated regional center or make a direct investment in an EB-5 project. What is a regional center? Regional centers are privately owned economic entities designated by USCIS to promote economic growth within the United States and through the EB-5 Immigrant Investor Program. Regional centers facilitate EB-5 investments by...
The EB-5 application process begins with filing an I-526 or I-526E form with USCIS. To file, the investor must have already committed the required capital to a new commercial enterprise (NCE). The minimum investment amount is $1.05 million or $800,000 if the investment is made in a targeted employment area (TEA). The investment must be...
For H-1B visa holders, transitioning to an EB-5 visa can be an attractive option to secure permanent residency. This path eliminates the need for employer sponsorship and can bypass the lengthy visa bulletin backlogs typically encountered when needing to file an I-485 after I-140 approval. Maintaining H-1B Status If an EB-5 applicant is from a...
Navigating the EB-5 Immigrant Investor Program’s source of funds requirements demands thorough detail and documentation. For many investors, gifts from family members often present a viable source for their investment. Documentation of gift USCIS requires comprehensive documentation to establish the gift’s legitimacy. This includes a notarized gift affidavit signed by the donor showing their intent...