EB-5 Basics FAQ

Do I need the full amount of money ready before I start my EB-5 process?

It is highly advisable that investors have the full investment amount required by the EB-5 program ready to invest and have the full documentation of how these funds were sourced in preparation for filing an I-526E application. Insufficient investment amounts or incomplete documentation may cause the USCIS to issue RFEs or denials, which could be detrimental to an investor’s case. 

A partial investment can also be used to start the process; however, conservative immigration attorneys generally recommend documenting the source for the remaining investment and having a timeline in place on when the full investment will be made.

Can I borrow money or get a loan to fund my EB-5 investment?

Yes, however you must be able to prove how you acquired this loan. AIIA recommends that investors have the loan documents vetted by an immigration attorney before the investor takes out the loan.

Can money gifted by a parent or other relative be used for an EB-5 investment?

Yes, as long as the relationship between the individuals is documented and the donor can prove their source of funds on the gift.

Does the money used for EB-5 have to come from outside the U.S.?

No, it is common for immigrants living in the US on non-immigrant visas to use their U.S. based earnings for their EB-5 investment. Furthermore, it may be easier to document US sourced funds.

Can my spouse or child be the main applicant for the EB-5 visa?

Yes. Many foreign nationals choose to have their spouse or child as the main applicant and keep themselves off the application. However, if a child is the main applicant, the parents cannot be added as dependents later.

Will I receive all my money back after I finish the EB-5 immigration process?

This is an “at risk” investment so there can be no guarantee the investor will receive some or all of their money back. The key to secure investment is project due diligence. Due diligence for projects is a thorough process and investors should never disregard it because it will help them pick a project which meets their risk profile, unless they are prepared to run all financial and background checks themselves.

What are the types of EB-5 projects out there? How do I find reliable EB-5 projects?

EB-5 projects assume many different business models and operate within many different industries. Typical EB-5 projects include:

• Hotels and motels
• Residential buildings
• Mixed-use retail
• Sports stadiums and Entertainment venues
• Restaurants
• Agricultural developments
• Manufacturing
• Biotech and medical technologies
• Casinos
• Convention centers
• Office buildings

Investors can utilize Foreign intermediaries or FINRA registered EB-5 Private Placement Consultants who will have access to a range of EB-5 projects and are experienced in vetting EB-5 Investments.

What is the return on investment on a typical EB-5 project?

Typically, the entire investment amount, in addition to a certain portion of the interest, is expected to be returned to the investor. In an RC sponsored project, the interest is split between the investor and the investment issuer, oftentimes not split proportionally as the issuer will usually take a hefty cut. The market average for investor return ranges from 0.25% – 2% per year. Interest can be accrued or paid current.

How long do I have to wait to move to the United States after I apply for my EB-5 visa?

Investors applying for EB-5 from outside the U.S. must wait until their I-526E has been approved and a consular interview has occurred before moving to the U.S. Investors should factor-in 2-3 years at the very minimum. However, the new EB-5 Reform and Integrity Act of 2022 gives investors hope that processing times will be reduced.

Is there any benefit to applying for EB-5 while already in the US on a non-immigrant visa?

Investors on a valid non-immigrant visa are eligible to concurrently file for their adjustment of status through an I-485 application while residing in the U.S. The main benefit of applying for EB-5 while residing in the U.S. is receiving immigration benefits such as work and travel authorization much sooner than compared to an investor who is applying for EB-5 outside the United States. More information on this is available on our immigration process page. Investors must consult with their immigration lawyer before they make any decisions in this respect.

Can I enter and exit the US while my EB-5 visa application is pending?

Yes. Investors should speak to their immigration attorneys to be prepared on what to say at immigration checkpoints if asked about their pending EB-5 petition.

What is the difference between a conditional green card and a permanent green card?

A conditional green card is just like a normal green card except it expires after two years, at the end of an investor’s conditional residency period. Towards the end of the conditional residency period, the investor must file a petition to have the conditions removed.

Once I get my green card do I have to live and remain in the US? How much time do I need to spend in the United States?

To keep one’s status, an EB-5 investor needs to pay attention to the physical presence requirements imposed on all green card holders. If an investor needs to be out of the U.S. for an extended period of time, they should work with their immigration attorney to file a Re-entry Permit (Form I-327).

Does my project need to be completed to qualify for my green card?

There is no connection between project completion and receiving your green card. Each case is different but generally an investor can receive a permanent green card as long as the funds were spent properly and all the required jobs were created in accordance with the project section of the immigrant petition. Adjudication of permanent green card application (Form I-829) is therefore not dependent on project completion, but rather on the extent to which the requirement of the EB-5 investment was met by the project developer and investment issuer.

When will my EB-5 investment be returned to me?

Investors are eligible to receive their money back at the end of their conditional green card period. Whether or not the project developer returns their investment funds depends on the success of the project and repayment terms listed in the offering documents. It is important for investors to conduct their due diligence before they invest to ensure they are making the right financial decision.

Can I create and invest in my own business and get the EB-5 visa?

Yes – investors are able to create and invest in their own business in order to obtain the EB-5 visa, referred to as a “Direct Project”. As long as the business is able to create at least 10 new jobs, a new business owned by the investor is valid for the EB-5 program. However, for a number of practical reasons, this option could be incomparably more burdensome and expensive compared to a passive investment in a ready-made RC project.

If I already own a business in the United States, can I invest in it instead of another EB-5 offering?

In some cases, investors may be eligible to invest in their own pre-existing business as part of the EB-5 program. However, investors must follow strict procedures which separate their investment funds from their business funds. Investors cannot “forego investing” by keeping their own funds in their bank account. We recommend speaking with EB-5 immigration attorneys that specialize in helping investors with Direct projects.

Can I buy a home or apartment in exchange for an EB-5 visa?

NO! A fundamental component of an EB-5 investment is that the qualifying investment must remain “at risk’ for the entirety of an investor’s immigration process. There can be no guarantees of capital repayment, nor any assets promised to the investor in exchange for an investment. If a project requires an investor to buy real estate in their project in order to qualify for EB-5, the project is most likely attempting to scam investors.

Is the minimum EB-5 investment going to change?

Yes, in 2027. The new Reform and Integrity Act passed in March 2022 stipulates that the investment amount will increase every five years when the program is renewed in order to keep up with inflation rates.

Would my global income and assets be taxable in both my country of origin and in the United States?

The United States requires its residents to report taxes on their global earnings. EB-5 investors usually become liable to U.S. taxes after receiving their conditional green cards, and thus will be taxed for incomes earned domestically and abroad. There are tax treaties between the U.S. and other countries which, if used appropriately, could help investors avoid double taxation or reduce tax liabilities. It is important for EB-5 investors to consult with tax professionals and conduct effective pre-immigration tax planning. For a complete guide on U.S. taxes, please refer to AIIA’s Tax Guide for EB-5 investors.

Forms

I-526E – Immigrant Petition by Regional Center Investor
I-485 – Application to Register Permanent Residence or Adjust Status
I-131 – Application for Travel Document
I-765 – Application for Employment Authorization
DS-260- Immigrant Visa and Alien Registration Application
I-829 – Petition by Investor to Remove Conditions on Permanent Resident Status
I-327- Permit to Reenter the United States for Lawful Permanent Residents

Acronyms

CGC- Conditional Green Card
CSPA- Child Status and Protection Act
EAD- Employment Authorization Document
FINRA- Financial Industry Regulatory Authority
JCE- Job Creating Entity
LPR- Lawful Permanent Resident
NCE- New Commercial Enterprise
NOID- Notice of Intent to Deny
NVC- National Visa Center
PPM- Private Placement Memorandum
RC- Regional Center
RFE- Request for Evidence
SEC- Securities and Exchange Commission
TEA- Targeted Employment Area
USCIS- United States Citizenship and Immigration Services