Filing of an I-526 petition, in which you, as the investor, must show:
- that you have the required funds;
- that the funds were obtained from a lawful source;
- that the funds have been invested; and
- that the investment meets USCIS requirements.
Once the I-526 is approved, you are eligible to apply for an immigrant visa at your nearest U.S. consulate (if you are outside of the U.S.) or for adjustment of status (if you are already in the U.S.). Once approved, you are given conditional lawful permanent residency for two years.
Ninety (90) days before the end of the two-year period of conditional residency, you must file Form I-829, to remove the conditional status by demonstrating that the required jobs have been created by your investment. If your I-829 application is approved, you are granted unconditional lawful permanent resident status, and are eligible to apply for U.S. citizenship five years after the initial grant of conditional permanent residence.
Our offices will actively guide you through the entire process and ensure your success.
There are no age restrictions for the EB-5 Program. We have seen clients file for very young adults and for clients of elderly age. There is no minimum age requirement per the immigration law, yet some Regional Center project sponsors would require their investors to be 18 years of age. Feel free to speak to us so we can help you with this topic.
There is no requirement to speak English, but it would certainly help in the process
Generally, all nationalities are welcome to apply. If you are from one of the nations listed in the Trump Administration’s Executive Order travel ban, speak with us and we will let you know your options in overcoming this obstacle.
The process for the I-526 petition remains the same whether you are in the U.S. or abroad. For example, we have a lot of clients where their son or daughter is currently studying in the U.S., thus it would not matter either way.
Generally, you make your investment with the project at the same time we are filing your application. If you have limitations or problems with your funding sources, please speak with us, we may be able to obtain payment plans with certain projects. Thus, you could file your application with a deposit and make the remaining investment at a later time.
The government nor the project can provide any guarantees. EB-5 statutes require that all investment be “at risk” without guarantees or redemption rights. This is a specific law that U.S. Congress implemented when they designed the EB-5 program. The program requires that a real investment take place, and with any real investment, there cannot be any guarantees. Nevertheless, there are certain Regional Centers that have a fair track-record of replaying back investors in a timely manner. It could perhaps mitigate risks if you choose to make an investment with a trusted Regional Center. It would be best to obtain our recommendation about the top Regional Center’s that have a track-record of excellence, but nevertheless each investor should review all the project documents to ensure they are financially comfortable with their project investment.
You may, our office can coordinate a site visit for the project you choose. Many times, you could meet the directors of the Regional Center, and in some instances, you could meet the project developers as well. We are here to ease your anxieties about the entire process, so if it would help you to visit the project directly, we are happy to assist in coordinating this meeting.
In addition to your personal background information, you must provide information showing that the funds you will invest come from a legitimate source. This financial background information varies widely in individual cases, but generally includes; bank statements tracing funds from you to the Regional Center project, documentation concerning the actual source (gift, inheritance, bank loan, etc.), proof of ownership in any businesses, and business licenses. Every client’s Source of Funds documentation will be different, thus when you speak to us in our initial free consultation, we will provide you a list of documents you can begin collecting.
May investment funds be gifted by a parent or other relative and used for an EB-5 investment?
Yes, this is a common scenario for our clients. For example, the application can be in the name of a son or daughter, however the parents will be providing the funding necessary for the application. Our office will coordinate the documentation necessary to show the gift from parents to child, husband to wife, or whatever the case may be.
The first requirement of any investor after they receive the visa at the United States overseas consulate office is to enter into the United States within 180 days of visa issuance from the consulate. The investor must then establish residency in the United States. Evidence of intent to reside includes opening bank accounts, obtaining a driver’s license or social security number, paying state and federal income taxes, renting or buying a home. The United States resident may work overseas if required based upon the nature of the business or profession. If you wish to obtain a Green Card yet work abroad, please speak with us and we will provide you the various options.
You can generally set your expectation of remaining in the project for at least 4.5 years. The reason for this is that your funds must be invested for a certain lock-in period per the laws of the program. After your conditions are removed in the I-829 phase, you are eligible to then obtain your funds back from your sponsor project. If you obtain your funds before the I-829 phase, you would risk losing your Green Card since the government would want to see your funds be invested during the mandatory lock-in period.
Generally, an investor is free to change their mind and obtain their $900,000 capital back before the I-526 petition is approved. It would be difficult to change your mind after you receive your government approval of I-526 because the immigration benefit has been provided. If a client wishes to exit the process and obtain their capital back, we would facilitate to the extent possible, yet any fees paid are non-refundable.
If your application is denied, the capital investment of $900,000 USD which was placed in U.S. Escrow, will be returned to you usually within 30 days. Any Sponsorship, legal, and consultancy fees will not be returned. Generally, if all documents are cleared and reviewed by our team, the chances of rejection are minimal. Please speak with us about rejection rates as they are highly uncommon from our offices in Dubai. The main reason for a rejection is due to the client being unable to provide a clear source of funds in regard to their $900,000 investment.
You must hold the Green Card for a 5-year period to be eligible to apply for United States Citizenship. For an EB-5 Investor, this period begins when they receive their initial conditional green card. You can begin preparing for the citizenship application after the I-829 is approved.
You would have all the benefits a U.S person would have, except you do not have the right to vote in a national election or work for certain government positions such as the FBI until you obtain your citizenship. Some of these benefits include:
- Become eligible for U.S. citizenship and obtain your U.S. passport
- Live and work anywhere in the United States
- Study in the United States at resident cost, and legally work while enrolled as a student
- Obtain free government grants, scholarships, or 0% government loans that are guaranteed for students
- Start a business anywhere in the United States
Typically, Green Cards are valid for a period of 10 years and a new card can be renewed. Usually our clients opt to trade in the Green Card for their U.S. citizenship and U.S. passport after holding the Green Card for a period of 5 years. Otherwise, you can continue to renew the Green Card every ten years at will.
Investors should consult their tax or legal advisors prior to making an investment. In general, the United States requires income tax reporting, by all US residents, based on worldwide income. There are numerous tax treaties regarding avoidance of double taxation, but your advisor can provide you with the information you will require in your specific situation.