7 Most Frequently Asked Questions about the EB-5 Visa

With the upcoming EB-5 investor visa changes underway, many clients have been asking about the EB-5 visa.  If you’re interested, we encourage you to apply for the EB-5 investor program before November 21, 2019. By applying before the deadline, you can take advantage of current investment thresholds ($1 million, $500,000). If you reach the end of this list and still have questions, do reach out to us as soon as possible!

1. Who can apply for the EB-5 investment visa?

Unlike family-based or employment-visas, the EB-5 investor visa is available to anyone with the funds to invest. An EB-5 investor does not need special relations, education, or skill set—only money.

 

2. How much money do I need to apply for the EB-5 investor visa?

Starting November 21, 2019, the minimum investment is 1.8 million dollars—or 900,000 dollars for targeted employment areas. The EB-5 petition fee is $3,675.

 

3. Can I use retained earnings as part of my initial investment?

USCIS does not consider the company’s retained earnings as part of the your investment.

 

4. Can a promissory note be used as investment capital?

If the promissory note is unsecured, then no it cannot be used as part of your investment. However, a secured promissory note can be used as part of your investment capital as long as you can show that the capital securing the note belongs to you.

 

5. Can someone gift me the funds for my EB-5 investment?

In order for the gift to be counted towards your investment, you would have to pay all applicable gift taxes. In addition, you’d have to show proof of transaction and demonstrate that the funds will not be returned to the gifted after you’re granted your EB-5 visa.

 

6. Do funds from a joint bank account qualify for my EB-5 investment?

As long as the joint bank account is yours and meets general joint bank account requirements, then yes.  You would have to show proof the account is held between you and your spouse, and it is under your name.

 

7. How long does it take for an EB-5 investor to obtain a US green card (permanent residence)?

The answer depends on the applicant’s country of origin. See the USCIS visa bulletin for a specific timeframe as it applies to your country of origin.

Generally, it takes about 1.5-2 years to receive your conditional green card. This time estimate includes the initial EB-5 petition process, which can take about six months. Once you have your I-526 approval, you would apply for an adjustment of status (if in the US), or an immigrant visa (if abroad).

 

Do you have additional questions about the EB-5 investor visa program? Comment them below or send us a message!