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...
EB-5 Information
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...
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...
The EB-5 Immigrant Investor Program provides a pathway for foreign investors to obtain a green card by investing in job-creating projects in the United States. One of the fundamental aspects of this program is the ‘at-risk’ requirement, which determines an investment’s eligibility. USCIS requires that the investor’s capital be at at-risk throughout the investment period,...