EB-5 Petitions Services Offered by WA Law Group

What is the procedure for an investor to qualify as an immigrant based on investment?

Form I-526 must be filed with USCIS. The petition must be supported by a substantial amount of documentation showing proof of funds, verification of the lawful source of those funds, and an affirmation that the business venture will result in direct job creation within the U.S.

Once the petition is approved, the investor may either apply for an immigrant visa at a U.S. Consulate or, if the investor is already in the United States, apply for an adjustment of status to permanent residence five years from the legal entry.

What is the minimum amount of investment required?

As mentioned above, the EB-5 minimum investment amount is currently $1,050,000. The minimum investment amount in targeted employment areas, which are regions with high unemployment rates, is $800,000. 

Investing in a rural Regional Center project does not automatically qualify you to invest only $800,000. Each Regional Center project must also prove that its project is located in a targeted employment area.

Does the investor need to have any specific relationship with the U.S. business in which the investment is made?

The investor need not own any specific percentage of the business, be an officer of the business, or be an employee of the business. 

However, the investor must be engaged in the business, whether through actual day-to-day managerial control, by being a member of the board of directors, or by being a limited partner. Passive investment in real estate is not sufficient.

When must the job creation requirements be completed?

You have two years to create 10 or more jobs once you receive the I-526 petition approval.

Must the investment result in the creation of employment for U.S. workers?

The EB-5 program is designed to be a job-creating investment program. The most important factor in EB-5 investment is not how much money the project makes, but how many jobs the project creates.

The investment must create full-time, permanent employment for at least 10 U.S. workers. Jobs must last more than two years, but optimally until the removal of the condition is approved. 

The required 10 positions cannot include the investor or the investor’s spouse or children. For approved regional centers, the creation of employment could include indirect employment.

Is the immigration status granted to the investor valid indefinitely?

The initial permanent resident status granted to the investor is a “conditional permanent resident status” that is valid for two years. The investor and family members are required to remove the condition by applying during the 90 days before the expiration of this two-year temporary green card and associated conditional residency. 

The petition will be required to demonstrate the continuation of the business, the investment of the requisite amount of capital, and the creation of the required number of jobs to move forward toward permanent residency and eventual U.S. citizenship.

Do all family members get conditional permanent residence status at the same time?

The investor, his or her spouse, and unmarried children under 21 years can all obtain conditional residence at the same time and through a single investment.

Is the investor free to travel after obtaining conditional permanent resident status?

The investor is free to travel in and out of the United States, subject to the rules generally applicable to permanent residents. Specifically, the investor must maintain a residence in the United States and must not be outside the United States for a continuous period of more than 179 days, unless they have obtained a reentry permit. 

Any absence from the U.S. lasting more than two years after the awarding of a re-entry permit could jeopardize an applicant’s continued participation in the immigrant investor program.

What is the timing of this investment visa process?

Currently, the I-526 petition adjudication by USCIS is taking an average of 72 months, according to the USCIS. Once the petition is approved, the I-485 adjustment of status or DS-230 Immigrant Visa to actually obtain the conditional permanent residency generally takes up to a year, depending on whether the investor is in the U.S. or outside.

What documents must be filed with EB-5 petitions?

Documentation filed with an EB-5 petition must prove:

• The actual transfer or commitment of funds for the business.
• The lawful source of the investor’s funds used to create the business.
• The location of the investment in a targeted employment area (if the investment is less than $1,050,000).
• The investment is in a new commercial enterprise.
• The investor will be involved in the business.
• The business venture will result in the actual creation of 10 full-time positions, or proof of a comprehensive business plan showing the need for the 10 employees and the approximate dates when they will be hired.

Specific additional documents will be required depending on the details of the investor and the investment being made.

What documentation must be presented to prove that the investor’s funds came from a lawful source?

The investor must present some combination of individual and/or business tax returns, employment records, documentation regarding the sale of or dividends from a business, documentation regarding gifts or inheritance, and documentation regarding securities or real estate transactions to show that their investment funds were lawfully acquired.

Could all of the invested funds be a gift?

Yes. However, in that case, the person giving the gift must prove the lawful source of the gifted funds.