Investor Immigration FAQs
There is no specific type of person who becomes an EB-5 investor. People from many different careers and stages of life become EB-5 investors every day.
One of the most common reasons someone chooses an EB-5 visa is the flexibility it allows. You’re able to start your own company, get involved in a charity, or choose to only work part-time. For people who don’t want to manage their business day-to-day, a regional center EB-5 investment is a great option.
There are options in family sponsored and employment based visas. If your parent or child (over age 21) is a U.S. citizen, you could be approved for a visa through family sponsorship.
You might also qualify for a visa based on exceptional ability. These visas are given to people who are very talented, like Olympic athletes or Nobel prize winners.
The minimum requirement is either $1.0 million or a $500,000 investment in a targeted employment area (TEA).
Most applications are generally approved in 12–16 months. After that, you’ll have to apply for adjustment of status.
The amount of time it takes to adjust your status depends on where you apply. If you do it in the U.S., it will generally take about 12 months. If you do it at an American consulate overseas, it usually takes 8–12 months.
Once the adjustment status is approved, it usually takes just a few weeks for a conditional green card to arrive.
Yes, as long as you pay all of the gift taxes that are required. You also have to show that it is a genuine gift and not something you’ll give back once you are a permanent resident.
No. Attorneys will only give you advice on visas and other immigration issues. If you want financial advice, you need to research the investment yourself or contact a professional financial adviser. We can recommend financial advisers.
You’ll need documents to show your complete biographical information and to prove the source of the money you’ll be investing. To do that, you’ll need:
- Five years of personal tax returns. If you own a business, you’ll also need to include business tax returns.
- If you own or partially own any businesses, you’ll need to include proof of ownership and business licenses.
- You have to prove that the money came from a credible or honest source. For example, if the money came from selling property you own, you need to include a contract or other documents that show you sold it.
This list does not cover every possibility, so you need to talk to a lawyer. Every situation is different, and we can give you advice on what documents you’ll need to prove the source of your money.
The most common issue we see with EB-5 cases is proving the source of money. A lot of times people are nervous to provide information, so they try to get away with including as little as possible. Usually the file is returned, and the person has to provide more information.
Case examiners are especially concerned with money coming from terrorist organizations or other illegal activity, like money laundering. It’s better to provide too much information and not have your case delayed.
Technically, no. There isn’t a list of countries that are banned from the EB-5 program. There are countries that don’t have reliable tax information or other financial documents, and that can make the process more difficult. We are usually able to help someone if that is the case.
Whatever you read in the FAQs (Frequently Asked Questions) is for your information only and is not legal advice. You should talk to a lawyer for legal advice because each person’s situation is different.
The only way to create a legal relationship with a lawyer is by signing a contract. Talking to someone in our office or reading our website doesn’t mean we have a legal relationship. Don’t send confidential information to us until you have signed a contract with us.