FAQ / EB - 5
What is the minimum required amount of capital to be invested in order to apply for an EB5 visa?
When you invest through a Regional Center, the minimum amount is $500,000.
Can my spouse and children also receive "green cards" under the EB5 visa program?
Yes. Your spouse and minor children are eligible for the conditional immigrant visa that you apply for when you file your I-526 petition.
What are the benefits of possessing a green card?
Upon receipt of the conditional green card, you and your family will enjoy the same benefits as other lawful permanent residents. Some of these benefits include:
- Live and work anywhere in the US
- Start any business in the US
- Travel abroad and return to the US without having to apply for an additional visa
- Study in the US at resident cost, and legally work while enrolled as a student
- Establish eligibility for becoming a US citizen
Who is considered a qualified investor”?
A qualified investor is an individual who is able to invest $500,000. The individual must be able to document the source of the funds invested.
What is an “at risk” direct investment?
At risk investment is capital not used in exchange for a note, bond, convertible debt, obligation or any other debt arrangement, but used directly into a new commercial enterprise “at risk.” By law, all money invested through the EB-5 program must be “at risk.”
Once the investor’s EB-5 petition is approved, USCIS issues a “conditional green card.” What is a “conditional” green card?
A “conditional” green card is valid for two years. A conditional green card holder has the same rights and privileges as a permanent green card holder. Its holder should file a petition to remove conditions three month before the second anniversary of issuance. If the investor successfully removes conditions, a ten-year permanent green card will be issued.
What is the difference between “conditional” and permanent green cards?
An permanent green card is valid for ten years without conditions. Both cards offer the same rights and privileges.
If I was denied a US visa, can I still apply for EB-5?
Yes, an investor still can apply for an EB-5 immigrant visa, even if he or she has been denied a US visa in another category, unless the reasons for denial are related to immigration fraud or other major problems. It is most important that all criminal, medical and U.S. immigration history problems be disclosed to ACFI and legal counsel in advance of your petition.
Do I have to stay in the US once I receive my green card?
According to immigration regulations, the green card holder must create a residence in the US, and spend at least 6 months a year in the US in order to keep permanent resident status.
If family, employment, or business issues will not allow you to meet the residence requirement, you can apply for a re-entry permit. Re-entry permits are valid for two years and can be renewed after expiration.
Do I need to prove that I am in good health?
You will be required to have a physical examination by a certified physician.
Do I need to be fluent in English to apply?
No. You do not need to have any English ability.
Who will be included in the investor petition?
The petition includes the investor, the investor’s spouse and unmarried children under 21 years of age.
If my I-526 petition is denied, will I receive all my investment funds back?
Yes. Your entire $550,000 (investment and fees) will be returned to you.
Should I consult my own financial advisor before investing?
Yes. ACFI urges prospective investors to please consult their own financial advisors for advice on investing through this program.
How many years is my permanent resident card valid after USCIS removes conditions?