COMMON VISA & EB-5 QUESTIONS
Can I buy real estate worth $1 million to qualify for the EB-5 visa?
Yes, provided it is part of an investment in a commercial enterprise as opposed to a personal residence or other passive investment. The enterprise must create at least 10 new jobs for U.S. workers (unrelated to the investor). You cannot just buy real estate or make other passive investments in the United States in order to qualify for an EB-5 visa.
Do I qualify?
Foreign national who have a net worth of at least US$1,000,000, or who expect annual income of at least US$200,000 this year and had income over the past two years may apply
Can my family be included?
Yes, your spouse and your children, who under the age of 21 at the time of your EB-5 application are also eligible to receive their own EB-5 U.S. residency visas.
Who will process my EB-5 Visa application?
You will need a qualified immigration attorney familiar with the USCIS EB-5 Visa (I-526 petition) process to assist with the petition, consulate interview (if you are living abroad) and visa processing. We have experienced EB-5 immigration attorneys ready to help and answer questions about your situation.
See the page on the EB-5 Application Process also.
What happens if my application is rejected?
If for any reason your Application (I-526 visa petition) is rejected, the Escrow Agent will return the investment funds to you but not the syndication or legal fees required to cover your application
Do I have to stay in the U.S. once I receive my EB-5 visa?
No. As a permanent U.S. resident, you and your family will be able to travel freely outside of the United States for visits or business purposes, as long as a residence is maintained 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.
What happens when I do when I receive my Green Card?
You will receive your Green Card at the consulate office in your home country. You must enter the U.S. within 180 days of visa issuance. The investor must then establish residency in the United States.
How long does it take?
The EB-5 visa process is the fastest way to receive a U.S. Green Card. Once you decide to invest, you should receive your Conditional Green Card in about 3 to 6 months. This Conditional Green Card has an expiration of 2 years. Investors can submit to have the conditions removed (I-829 petition) as early as three months prior to the expiration date. You will receive all the necessary supporting evidence regarding the limited partnership, capital investment and newly created jobs to submit with the petition.
Once the I-829 petition is filed with the USCIS, your conditional permanent residency is extended for one year while you wait for the permanent Green Card approval (which has no expiration).
What financial documents are required?
Legal Source of Funds
The investor must prove that the funds come from a lawful source such as:
- Profit or earnings from a business
- Proceeds from the sale of real estate
- Earnings from stock or other investments
- Inheritance
- Gifts (financial information regarding the person giving the gift must be provided)
Loans
This may be accomplished through certificates by the investor's licensed accountants, lawyers, court records, salary statements, bank statements, stock certificates, tax statements, real estate documents loan or mortgage documents, promissory notes, security agreements and any other evidence of borrowing which is secured by assets of the applicant.
Evidence of Transfer of Funds
The investor must provide evidence that the capital investment of $1M plus applicable fees has been placed in an escrow account prior to filing the application.
Financial Statements
Financial information that proves a net worth of at least U.S. $1 million. Evidence can include bank statements, documents showing ownership in real estate or a company, accompanied by an appraisal of value and registration of ownership, a gift statement, a loan statement etc.
What personal documents are required?
Passports
Copies of passport for each member of the family must be provided
Passports must be valid for travel to the United States and must have at least 6 months validity beyond the issuance date of the visa. Household members can include husband, wife, and all unmarried children under the age of 21.
Employment and Business Documents
Information is required regarding:
- Investor's education, (diplomas)
- Employment history, (résumés)
- Business experience including any business registrations
Family Certificates
Certificates must be provided for all individuals applying for a green card under the investor's application, including spouse and children under the age of 21 at the time of application:
- Certified copies of birth certificates
- Other children under the age of 21 (unmarried), even if they do not wish to emigrate
- Certified copy of Marriage certificate
- Proof of termination of any previous marriage(s)
- Divorce or annulment decree (e.g., death certificate of spouse, final decree of divorce or annulment)
Police Certificates
Each visa applicant 16 years or older:
Police certificate from the police of each locality of the country of the applicant's nationality or current residence or where the applicant has resided for at least 6 months since turning 16.
Police certificates are also required from all other countries where the applicant has been arrested for any reason, and must be of recent date when presented.
Police certificates must cover the entire period of the applicant's residence in any area.
Court/Prison Records
Persons who have been convicted of a crime must obtain a certified copy of each court record and of any prison record, regardless of subsequent benefit from an amnesty, pardon or other act of clemency.
Military Records
A certified copy of any military record should be submitted.
Photographs
Two color photographs in passport style are required. No head covering or dark glasses should be worn.
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