These are 10 of the most common EB-5 immigration questions:

1. What is the EB-5 Regional Center Program?The EB-5 Regional Center Program was created by Congress in the 1990’s. EB-5 Regional Centers are public or private organizations designated by USCIS that pool EB-5 investor capital into job creating projects that boost the economy. The main advantage of EB-5 Regional Centers is that they can take advantage of indirect and induced job creation, which makes it easier for investors to fulfill the EB-5 Program requirements and obtain their visas.
2. What is the minimum investment amount?The minimum investment amount is $1 million or $500,000 if the project is located in a designated targeted employment area (TEA). A project can qualify for TEA regardless of whether you chose the direct EB-5 Program or the Regional Center Program.
3. Who is eligible to invest in the EB-5 Program and to receive U.S. permanent residency?The EB-5 Program is one of the most popular immigration programs because it does not have age, skill, language, education, or work experience requirements. The only requirement is that the EB-5 investor be able to make the required minimum investment amount into the U.S. job-creating new commercial enterprise.
4. What sources of funds can be used for the investment?Sources can include but are not limited to gifts, loans, inheritance, investments, savings, or sale of assets.
5. What is a targeted employment area (TEA)?A targeted employment area (TEA) is an area that is either rural or has an unemployment rate that is at least 150% the national average rate. Projects located in a TEA qualify for the lower minimum investment amount of $500,000.
6. How can an investor show that their source of funds to be used for investment were ‘lawfully gained’?Investors must prove, under USCIS regulations, that the sources of their funds used for the EB-5 investment were obtained through lawful means. This means that they will need to provide proof showing where the funds were obtained whether they were from income, investments, gifts, sale of assets, inheritance, loans, or any other sources used. Examples of documentation that can be used include income tax statements or bank statements.
7. Can a person from any country apply and obtain an EB-5 visa?While the answer is yes, depending on the investor’s country of origin, investors from certain countries may have a more difficult time acquiring the reliable tax documents and evidence that USCIS requires.
8. Can an individual apply for the EB-5 visa even if they’ve been rejected by USCIS for other visas?An individual may still be eligible for the EB-5 visa even if they were rejected for other categories of visa, unless they were rejected on the basis of fraud or other criminal activity.
9. Which family members are eligible for green cards under the principal applicant’s petition?An EB-5 investor’s spouse and unmarried children under the age of 21 years are all eligible for green cards under the principal applicant’s petition.
10. What’s the difference between conditional permanent residency and unconditional permanent residency?The conditional green card is issued after an EB-5 investor is approved for a U.S. visa. This conditional green card is valid for two years. After one year and nine months, the EB-5 investor files their I-829 Petition to remove conditions on their green card. In order to remove the conditions, the EB-5 investor must fulfill the program requirements which include proving that they sustained their investment in the project and that they created the requisite 10 jobs for qualified U.S. workers. If successful, the EB-5 investor will be granted permanent green card status. The conditional green card and the unconditional green card grant the EB-5 investor the same rights, but the conditional green card is temporary.

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