Many foreign nationals are discouraged from choosing the EB-5 visa program because they believe it is complicated. However, they overlook the flexible nature of the EB-5 program. Compared to other visa options, it does not focus on the specific qualifications or exceptional skills of the applicants.

EB-5 is a straightforward program that focuses on two main criteria: capital investment and job creation. Applicants must invest at least $800,000 in a targeted employment area (TEA) project, or $1,050,000 in projects in other regions. This investment must create at least 10 full-time positions for qualifying U.S. workers before applicants will be eligible for an EB-5 Green Card.

Interested candidates can apply for the EB-5 visa either from outside the U.S. through consular processing or inside the U.S. through adjustment of status. In either case, certain foreign nationals tend to benefit from the EB-5 visa route more commonly than others. In this article, we look at those specific groups and explore how they can get their Green Cards through an EB-5 investment.

Foreign Nationals Who Are Ideal Candidates for the EB-5 Program

The flexible nature of the EB-5 program makes it possible for aspiring applicants to structure their investments in ways that fit their financial and immigration goals.

Furthermore, the EB-5 Immigrant Investor Program is not based on familial relations or skills. Most foreign nationals can apply for and obtain their Green Card through this pathway, as long as they fulfill all requirements.

Below, we will look into some groups of foreign nationals for whom the EB-5 program can be a great option, regardless of their educational or professional backgrounds.

Nationals of Countries With High Demand for Employment-Based Visas

Due to a high demand for Green Cards, nationals of some countries face additional difficulties throughout their immigration journeys. Chinese and Indian nationals typically experience prolonged backlogs in employment-based visas. This is often due to the large number of highly skilled professionals that apply for visas, vastly exceeding the countries’ quotas. As a result, many visa applicants—particularly in EB-1, EB-2 and EB-3 categories—are frustrated by the waiting times and are often forced to give up on their dreams of obtaining a Green Card.

The introduction of the reserved visa categories by the EB-5 Reform and Integrity Act of 2022 (RIA) makes the EB-5 visa pathway an excellent alternative for foreign nationals from backlogged countries. By setting aside visas for rural and high-unemployment TEAs, the program ensures a more equitable distribution of visas. This reduces wait times and even introduces a priority processing opportunity in the case of rural investments. The set-aside EB-5 categories have no backlogs at the time of writing.

International Students Who Want to Stay in the U.S. Long-Term

The F-1 visa offers a pathway for international students to study in the U.S. However, this visa is granted for the duration of the student’s academic program (plus additional extensions in some cases.) However, F-1 is not an immigrant visa and students who wish to remain in the U.S. after graduation need to change their status to another visa.

The EB-5 visa offers F-1 student visa holders an opportunity to remain in the U.S. post-graduation without requiring a job offer from an employer. It is one of the fastest routes for international students to achieve permanent residency in the United States.

On December 20, 2023, USCIS revised its regulations for student visas. These visas require students to plan to leave the U.S. after finishing their studies. The new rules clarify that F and M student visa holders can apply for an immigrant visa without breaking their visa terms, as long as they have a home in another country. With this change and the concurrent filing option provided by RIA, F-1 students can apply for EB-5 visas while still studying. They can also apply for work authorization, a travel permit, and adjustment of status at the same time, enjoying Green Card benefits while their applications are processed.

E-2 Visa Holders

The E-2 visa permits investors who have made substantial investments to enter the U.S. to manage their businesses, if their country of origin has a treaty with the U.S. This visa option is suitable for foreign nationals who are only interested in residing in the U.S. temporarily. It does not directly lead to permanent residence since the E-2 visa is a non-immigrant visa. Instead, eligible investors extend their stay by renewing their visas.

Investors seeking better stability should change to an immigrant visa category, such as the EB-5 visa for immigrant investors.

Transitioning from an E-2 visa to an EB-5 visa is feasible because the funds invested in the E-2 enterprise can be counted toward the $800,000 minimum investment needed for the EB-5 visa. Additionally, if the business already employs full-time U.S. workers, these positions can fulfill the EB-5 visa’s job creation requirements.

In most cases, the E-2 investor already resides in the U.S., so they may file their Form I-485 to adjust their status concurrently with their EB-5 application.

Individuals With No Sponsorship Options

Many U.S. visa pathways require sponsorship from either family members or employers. The EB-5 visa is one of the few options available to foreign nationals who have no sponsorship opportunities.

The H-1B visa is a common sponsored visa type, and it requires applicants to first be selected in a visa lottery and then maintain employment to stay in the U.S. With the recent tech layoffs affecting many H-1B visa holders, the EB-5 visa can offer a fast-track to a U.S. Green Card and eventual citizenship, all without work or travel limitations or the need for sponsorship.

For a real-life example of how the right EB-5 investment can impact your Green Card process, watch how Milan from India invested with EB5AN in April 2023 and had his I-526E approved.

Why Choose the EB-5 Immigrant Investor Program?

The following section highlights the advantages of the EB-5 program over some other types of popular U.S. visas.

Direct Path to Obtaining a Green Card

The EB-5 visa provides a direct path to obtaining a Green Card, unlike many employment-based categories. It does not require visa extensions or renewals, and once an investor removes conditions on their Green Card, they face no restrictions.

The fact that the visa requires no sponsorship is also beneficial for nationals of countries with high demand, where finding an employer sponsor tends to be challenging.

Family Inclusion

The EB-5 visa allows the primary applicant to include their spouse and unmarried children under 21 in the application. This family inclusivity is particularly beneficial for applicants who want to provide their children with better access to high-quality education and healthcare. Spouses who hold EB-5 Green Cards can also live, work, and study in the U.S. without restrictions, unlike some other popular visa categories like E-2 and H-1B.

Potential Return on Investment

While the primary goal for many EB-5 investors is to secure a U.S. Green Card, the investment itself holds the potential for a return. Depending on the terms of the project’s PPM and the success of the investment, EB-5 investors can receive their entire capital back in a relatively short time, potentially with profits.

Avoidance of Professional and Academic Barriers

The EB-5 visa does not require extraordinary abilities, talent, specific professional qualifications, or higher education degrees that are needed for other visa types like the EB-1 or EB-2. This makes it accessible to a broader range of applicants, including those who may not meet the stringent requirements of other employment-based visas.

Furthermore, unlike the E-2 visa, EB-5 eligibility does not depend on the applicant’s nationality.

Get Started on Your EB-5 Journey With EB5AN

While EB-5 visas are accessible to applicants who have fulfilled the given criteria, it is common for investors to overlook certain requirements, miss dates, or fail to provide correct documents. Such mistakes can lead to serious setbacks and ultimately harm the application. This is why investors should consult experienced EB-5 professionals to provide them with guidance and support throughout the EB-5 process.

If you are considering the EB-5 pathway to obtaining a Green Card, schedule a free consultation, and our expert team will be happy to help you get started.

A Green Card is an essential document for non-citizens who want to live and work in the U.S. It grants the holder permanent residency status, providing a variety of benefits. These include rights and opportunities that contribute to economic, social, and familial stability. Additionally, holding a Green Card has paved the way for many foreign nationals to gain full citizenship.

The means of obtaining a Green Card can be broadly categorized into two: sponsored and unsponsored. Unsponsored pathways are often more appealing because they give foreign nationals greater autonomy, flexibility, and control over their immigration process.

Unsponsored Green Card options offer independence from sponsors, which can be hard to find and arrange in the first place. These pathways allow foreign nationals to plan their immigration journeys according to their own personal and professional goals.

This article will summarize the different unsponsored pathways to obtaining a U.S. Green Card.

Five Pathways to Get a Green Card Without Sponsorship

Unsponsored Green Card pathways are ideal for foreign nationals who do not have job offers or family members to fund their immigration to the U.S. Below are five common options.

EB-1A Extraordinary Ability

The EB-1A visa, also known as the “Extraordinary Ability” Green Card, is one of the first preference employment-based immigration categories. It benefits a very select group of individuals who have extraordinary ability in their field, including the sciences, arts, education, business, or athletics.

EB-1A applicants must demonstrate that they meet at least three out of 10 criteria set by the United States Citizenship and Immigration Services (USCIS) or provide evidence of a single extraordinary achievement, like prizes such as a Pulitzer, Oscar, or Olympic medal. Once EB-1A applicants confirm they qualify and gather proof of their extraordinary ability, they can start their visa process by filing Form I-140.

The EB-1A category allows applicants to self-petition and has shorter processing times than other employment-based categories. However, it is highly competitive, and only a small percentage of applicants qualify.

EB-2 National Interest Waiver

Normally, obtaining an EB-2 visa requires a job offer from a U.S. employer and a labor certification from the Department of Labor. This type of visa is granted when no qualified U.S. workers are available for the job.

However, the EB-2 National Interest Waiver (NIW) is a special category that allows eligible applicants to waive these conditions. That is, successful applicants can request that the job offer and labor certification requirements be set aside because their admission to the U.S. would greatly benefit the nation.

To qualify for the NIW, applicants must have an advanced degree (a master’s degree or higher) or a bachelor’s degree with at least five years of experience in their field. If the applicant does not have an advanced degree, they can qualify based on exceptional ability in the sciences, arts, or business. In addition to these requirements, the USCIS evaluates NIW petitions based on these three core criteria.

NIW candidates also file Form I-140 to begin their visa processing. They should gather important documentation, as well, such as a detailed petition letter explaining how they meet the NIW criteria and other supporting documents.

While NIW candidates do not need to undergo the complex labor certification process, proving that their work is of national interest can be difficult, and the documentation requirements are strict.

Diversity Visa Lottery

The Diversity Visa (DV) Lottery is a U.S. government program designed to promote immigration diversity. As many as 55,000 diversity visas are available each year to individuals from countries with low immigration rates to the United States.

The lottery entry period typically opens once a year, usually in the fall. Applicants apply through the official diversity visa lottery website, where they provide personal information, including name, date of birth, gender, country of eligibility, and contact information.

The U.S. Department of State randomly selects winners and publishes them on the official diversity visa lottery website, usually in May of the following year. If selected, applicants will need to use their confirmation number to verify their selection.

Selected applicants need to complete and submit the DS-260 application form. They will then undergo a medical examination and attend an interview at a U.S. embassy. At that stage, applicants must have all required documents, including the interview appointment letter, DS-260 confirmation page, and medical examination results.

If the U.S. Department of State approves the visa application, the candidate will receive a Green Card, granting them permanent residence in the U.S.

EB-4 Special Immigrant

The EB-4 visa is an employment-based fourth preference category designed for “special immigrants.” It covers a variety of specific groups who do not fit into the more traditional employment-based visa categories. Eligible groups for the EB-4 visa include:

Religious Workers

This includes ministers and non-ministers in religious occupations. Applicants must have been active members of a religious group for at least two years before applying.

Special Immigrant Juveniles (SIJ)

Minors in the U.S. who have been abused, neglected, or abandoned and are under juvenile court supervision.

Certain Broadcasters

Employees of the U.S. International Broadcasting Bureau of the Broadcasting Board of Governors or grantees.

Certain Physicians

This includes certain foreign physicians who have been practicing medicine in the U.S. for many years.

Members of the U.S. Armed Forces

Certain foreign nationals who have served in the U.S. Armed Forces for at least 12 years.

Panama Canal Zone Employees

Employees who worked in the Panama Canal Zone in certain capacities on or before September 30, 1979.

Others

• Employees of the U.S. government who are abroad alongside their family members.
• Retired officers or employees of a G-4 international organization or NATO-6 civilian employees and their family members.
• Non-citizens who have supplied information about a criminal organization or enterprise or a terrorist organization, enterprise, or operation.

EB-4 applicants begin their visa processing by filing Form I-360. They can also file the Petition for Amerasian, Widow(er), or Special Immigrant. After USCIS reviews and approves the immigration case, the applicant can file Form I-485 for adjustment of status before eventually receiving their Green Card.

EB-5 Immigrant Investor Program

The EB-5 Immigrant Investor Program is an immigration program that aims to stimulate U.S. economic growth by creating jobs and attracting foreign investment. It provides an opportunity for foreigners to get Green Cards by investing in a new commercial enterprise (NCE) in the U.S.

To qualify for an EB-5 visa, applicants must invest at least $1,050,000—or $800,000 in a targeted employment area (TEA). The investment must also create at least ten full-time jobs for U.S. workers.

There are two types of EB-5 investments: direct investments and regional center investments. That is, investors may either invest directly in an NCE or through regional centers designated by USCIS. Regional center investments are more popular because they have relatively simpler requirements and offer the flexibility of not having to manage the business daily.

The EB-5 visa process starts with Form I-526E. Once this is approved, investors and their immediate family members (spouse and unmarried children under 21) may apply for conditional permanent residency. If they are already in the U.S., eligible candidates can adjust their status by filing Form I-485 concurrently with their Form I-526E. However, those outside the country will have to go through consular processing.

After investors have maintained their investment for a minimum of two years and created the required jobs, they will be eligible to file Form I-829 to remove conditions on permanent resident status. If approved, the investor and their family members become unconditional permanent residents. They can apply for citizenship by naturalization after five years of getting their conditional Green Card.

Depending on their nationality and investment category, EB-5 applicants may face challenges like long processing times. However, new applicants investing in rural EB-5 projects can benefit from reserved visa quotas and priority processing, allowing them to get their Green Cards much faster than usual.

Other Options and Special Cases

For those looking to get a Green Card without family or job sponsorship, there are several special options available. Asylum and refugee status can lead to a Green Card for those who face persecution in their home country due to their race, religion, nationality, social group, or political views. After one year of being granted asylum or refugee status, they can apply for permanent resident status.

Victims of certain crimes can apply for a U visa if they have suffered serious abuse and are helping law enforcement. Similarly, the T visa is for victims of human trafficking who assist law enforcement. After three years on a U or T visa, they can apply for a Green Card.

The Violence Against Women Act (VAWA) allows abused spouses, children, or parents of U.S. citizens or permanent residents to self-petition for a Green Card without the abuser’s knowledge. This helps protect them and their independence during the process.

Secure an EB-5 Visa With EB5AN

Choosing unsponsored pathways to become permanent residents in the U.S. offers foreign nationals greater autonomy. However, this independence can come with challenges, such as extensive documentation requirements, high eligibility standards, and various legal complexities.

For those particularly interested in the EB-5 visa pathway, EB5AN can provide the support you need. EB5AN is a leading EB-5 firm with decades of experience in the industry. We have successfully guided over 2,300 families from 60 countries through the EB-5 process.

To learn how you can achieve permanent residency in the U.S. through the EB-5 program, book a free consultation with our expert team today.

The U.S. tech sector, which includes a large number of H-1B visa holders, has been volatile in recent years. In 2022, about 150,000 white-collar employees were laid off and many job offers were revoked. Tens of thousands of tech workers lost their jobs during the first few months of 2024.

Many tech workers come to the United States on H-1B visas. Between 2019 and 2022, more than 45,000 H-1B foreign workers were hired. Indian nationals represent nearly three-fourths of that number.

If you’re one of them, it makes sense to plan ahead. Continuing rounds of H1B layoffs are likely to affect you or people you know. Unfortunately, you cannot count on job security or new employment with many tech companies. It’s not always easy or quick to find a new employer in this job market.

In this article, we will explain what you can do if you’re affected by an H-1B layoff.

What Happens If H-1B Workers Are Laid Off?

The H-1B is a popular and temporary nonimmigrant visa. In 2023, more than 780,000 foreign nationals submitted petitions. Visa holders must have employment sponsors.

Such workers may be required to leave the United States and return to their home country with little notice if they are laid off and cannot find a new employer quickly.

If an H-1B worker is fired, the following may eventually happen if they do not secure new employment:

• They lose their non-immigrant status and cannot remain in the United States.
• Any family members on dependent H-4 visas will also have to leave the country.
• Any family members working on an employment authorization document will no longer be able to work in the United States.

But they can avoid this if they act fast.

The 60-Day Grace Period

Before 2017, H-1B holders had no extra time to find new employment after being fired. They were required to leave the United States immediately after being let go.

Fortunately for everyone now on an H-1B visa, a revised USCIS policy went into effect in January 2017 that gives foreign workers additional time and flexibility.

An H-1B visa holder now gets a grace period that allows them to look for a new job or adjust their visa status. Workers are eligible for this benefit regardless of whether they are fired or voluntarily leave their jobs.

The duration of this grace period is the shorter of either:

• 60 consecutive calendar days.
• Until the end of their authorized validity period.

If you are an H-1B holder who has not found a new employer, you must depart the United States at the end of this time frame. You will no longer have a valid status.

Failure to comply may mean being deported or facing additional difficulties if you attempt to re-enter the United States at a later date. Staying for six months or longer past an authorized period means you cannot come back to the country for at least three years.

The grace period begins the day after your last paid day from your job and if your I-94 is still valid. You can keep your authorized status by doing one of the following during that time frame:

1. Filing for a change of nonimmigrant status.
2. Filing for adjustment of status.
3. Filing for a “compelling circumstances” employment authorization document.
4. Changing your employer.

Here are a few considerations to keep in mind when you apply:

1. Keep track of exactly when your 60 consecutive calendar days will be up from the last day of employment at your job.
2. Ask your H-1B sponsor to not revoke your H-1B visa. Explain this will make it easier to transfer your H-1B status to a new position.
3. Review the USCIS policy guidance mentioned above.

Let’s take a closer look at each of the options to maintain a legal status in the United States.

Potential Actions to Take During Grace Periods

An H-1B holder who wishes to remain in the United States can pursue one of several courses of action during the 60-day grace period.

Find a New H-1B Role

If the holder finds new employment during the grace period, the new employer files a petition on the employee’s behalf to extend their stay in the United States. The employee would thus keep their nonimmigrant status.

Each foreign worker is eligible for one 60-day grace period for each employer’s authorized validity period. With each new employer petition approval, another grace period is possible.

So, if you are fired by Employer A, you may be approved for maintaining status for 60 days to conduct a job search or change status. If you then begin employment with Employer B and have a new petition validity period, you may qualify for another 60-day grace period under Employer B if you are subsequently terminated.

Find Employment Under a Different Visa Type

Another option is to pursue another nonimmigrant visa category that allows you to continue working in the United States. Here are a few examples of such programs:

1. TN: Applies to Canadian or Mexican nationals, who can work in the United States in professions identified under the North American Free Trade Agreement.
2. E-2: Applies to nationals of countries that have a treaty of commerce and navigation with the United States. A qualifying investment in a U.S. company is required.
3. O-1: Applies to those with extraordinary ability in art, athletics, business, education, or science.
4. L-1: Applies to employees of multinational companies who have specialized knowledge or occupy a management or executive position.

You must file during the grace period to be eligible for work under another visa category.

Request a Change of Nonimmigrant Status

If your priority date is current, another option is to adjust your immigration status.

For example, an H-1B holder can become an international student via the F-1 program, as long as they participate in an approved program of study. F-1 students are eligible for limited employment opportunities.

An alternative is to change status to become a B-1 or B-2 visitor and travel around the United States. B-1 and B-2 visitors cannot legally work in the country, but they may search for new employment and participate in interviews while in a B-1 or B-2 status. They must change this status before beginning work.

A worker may also become a dependent of their spouse under the H-4 or L-2 programs and remain in the country.

An adjustment of status application must be delivered to the United States Citizenship and Immigration Services (USCIS) before your last day on the job. A late petition means that you will probably be denied.

File an Application for a Compelling Circumstances Employment Authorization

The Compelling Circumstances Employment Authorization Document is another possibility for laid-off workers who have an approved I-140.

To be approved, you must show that you face major hardship. Consult USCIS guidance and an experienced immigration attorney for a better sense of whether you qualify and whether this is the right approach for you.

File an Immigrant Visa Application (Adjustment of Status)

If you have a strong background in science, technology, engineering, or math, you may wish to apply for a Green Card under the EB-1 program.

However, for many applicants (especially those who have the required capital), applying via the EB-5 program is the better course of action. It’s a fast and reliable pathway to lawful permanent resident status in the United States.

Live Permanently in the United States With an EB-5 Visa

A Green Card holder has the right to live and work anywhere in the United States regardless of their employment status. In addition, an EB-5 visa comes with the following major benefits.

EB-5 Visa Benefits

• Lawful permanent resident status in the United States for yourself and eligible dependent family members (spouse and unmarried children under the age of 21).
• No restrictions on employment with private sector U.S. companies (but restrictions on employment with the federal government may exist).
• Access to U.S. healthcare, insurance, retirement, and other benefits.
• Freedom to travel outside of the United States periodically.
• No requirement to reapply for lawful permanent residence status.

Applying for an EB-5 visa is a desirable choice for many Indian nationals on H-1B visas and their families.

EB-5 Program Requirements

USCIS administers this program. Completing the EB-5 application process comes with many professional and personal benefits, as long as the applicant fulfills the program’s requirements. These include:

• Invest the correct amount in a new commercial enterprise: ordinarily $1,050,000, or $800,000 for a project located in a targeted employment area.
• Choose either a direct or regional center investment.
• Ensure the investment creates at least 10 full-time jobs for U.S. workers.
• Submit the required documents for each family member (including marriage certificate, birth certificates, etc.) and respond to any questions or requests for evidence from USCIS fully and accurately.

Even though it is not an explicit requirement, working with an experienced immigration lawyer is highly recommended to help you navigate the complexities of the EB-5 process.

How to Apply for an EB-5 Visa

EB-5 investors must complete four main steps to receive lawful permanent resident status for themselves and their family members:

• Find the right EB-5 project.
• Invest the required capital.
• File Form I-485 and Form I-526E.
• Obtain conditional permanent resident status.
• File Form I-829 and remove conditions on lawful permanent resident status.

This is a broad overview, and the process can get complicated. However, it’s much easier if you work with an expert team.

Invest in Low-Risk Projects With EB5AN

We at EB5AN have a strong track record of helping H-1B holders from India (and many other countries) to obtain Green Cards for themselves and other family members as part of the EB-5 visa process. Rahul’s experience is one of our many success stories.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

Please book a free call with us today to learn more

Thousands of foreign nationals apply to work in the United States under employment-based visa categories every year.

The most popular of these is the H-1B visa program. About three out of every four H-1B holders are Indian nationals. In many cases, they wish to bring their immediate family members along to preserve the family relationship. Each qualified relative receives an H-1B dependent visa, which is also called an H-4 visa.

However, there are H-1B and H-4 visa limits that can cause problems for those seeking to build a new life in the United States. Better options are available for some individuals.

In this article, we will explore the advantages and disadvantages of the H-1B, H-4, and EB-5 visas.

What Is an H-1B Visa?

The H-1B is a temporary nonimmigrant visa that lasts for three years and is renewable for another three years. Most H-1B visa holders must live outside the United States for at least one year after this six-year period.

While the H-1B renewal process can extend the applicant’s stay to six years, recent updates have introduced a pilot program allowing certain H-1B visa holders to renew domestically without leaving the U.S.​ This program, however, is still very limited and comes with stringent requirements.

H-1B visa holders must have employment sponsors and may face issues with underpayment. It is not easy for those on H-1B visas to change jobs. They also face a great deal of uncertainty and could be required to leave the United States with little notice if they are laid off.

What Is an H-1B Dependent Visa?

The H-1B dependent visa is more commonly called the H-4 visa. Qualified family members of an H-1B visa holder may apply for it by providing evidence of the following:

• Legal status if residing in the United States.
• Family relationship between the H-4 applicant and H-1B visa holder.
• Employment authorization for the H-1B visa holder to work in the United States.

The H-4 dependent visa presents benefits and challenges similar to those of the H-1B.

Like H-1B visa holders, those who have an H-4 can live and study in the United States. In some situations, they can also work.

However, the validity and conditions of these dependent visas are tied to the status of the H-1B principal visa. If the principal visa holder loses their job, then the H-4 holders will lose their immigration status.

Like H-1B visas, H-4 visas also need to be regularly extended. This can be done using Form I-539, which should be signed by the H-1B holder’s primary dependent (unless that person is a minor child).

When Can H-4 Visa Holders Work in the United States?

Whether H-4 visa holders can request employment authorization and work in the United States depends on the H-1B holder’s status.

If the H-1B nonimmigrant is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker, then an H-4 dependent spouse may work in the United States. The H-4 holder would apply for an employment authorization document by filing Form I-765, Application for Employment Authorization.

Once approved, the H-4 visa holder will be eligible for many U.S. work opportunities. The employment authorization document will usually expire with the H-4 visa, so they will have to apply for extensions to both documents.

Can H-4 Visa Holders Travel Outside the United States?

H-4 visa holders can still enjoy international travel, but they must have the required documentation and are subject to certain limitations.

Documents Required

To travel abroad, H-4 visa holders should carry the following:

• Visa.
• Valid passport.
• H-4 visa stamp in the passport.

Although not required, an H-4 holder may also wish to carry a letter from the H-1B holder’s employer indicating this person is still employed. Carrying a marriage certificate and copies of utility bills may also help to answer questions from immigration authorities.

It’s generally recommended that an H-4 visa holder not travel when the principal H-1B visa is up for extension or set to expire. This can lead to complications with a pending form.

If you must travel around that time, make sure to travel with Form I-797H Approval Notice as further evidence of the H-1B holder’s status in the country. This will help to avoid problems with the Department of Homeland Security.

If the H-1B visa expires while outside the United States, the holder must apply for and be approved for an extension at a consulate before returning to the country.

Enjoy Greater Freedom With an EB-5 Visa

H-1B and H-4 visa holders are subject to restrictions that do not apply under the EB-5 Immigrant Investor Program. Switching from nonimmigrant status to an EB-5 visa can be the right choice for certain Indian nationals.

The United States Citizenship and Immigration Services (USCIS) administers this program. Completing the EB-5 application process comes with many professional and personal benefits, as long as the applicant fulfills the program’s requirements.

EB-5 Visa Benefits

• Lawful permanent residence in the United States for yourself and qualified dependent family members (spouse and unmarried children under the age of 21).
• Freedom to live and work anywhere in the United States.
• Freedom to travel outside the United States temporarily.
• Access to U.S. healthcare, insurance, retirement, and other benefits.
• No need to keep reapplying for lawful permanent residence status.

EB-5 Eligibility Requirements

• Invest the correct amount in a new commercial enterprise: ordinarily $1,050,000, or $800,000 for a project located in a targeted employment area.
• Choose either a direct or regional center investment.
• Ensure the investment creates at least 10 full-time jobs for U.S. workers.
• Submit the required documents for each family member (including marriage certificate, birth certificate, etc.) and respond to any questions or requests for evidence from USCIS fully and accurately.

Even though it is not an explicit requirement, working with an experienced immigration attorney is highly recommended to help you navigate the complexities of the EB-5 process.

Invest in an EB-5 Project With EB5AN



Many Indian EB-5 investors have worked with the EB5AN team to change from H-1B and H4 nonimmigrant status visas to the EB-5 program, gaining Green Cards for themselves and other family members in the process. For example, listen to Rahul’s story.

Of course, you don’t have to be from India to become another one of our valued clients. We welcome the opportunity to partner with applicants from all over the world.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

Please book a free call with us today to find out more.

The EB-5 visa is one of the world’s most popular investor visas. It is a rare gateway for foreigners to gain residency (and eventually citizenship) rights in the world’s biggest economy through investment.

Investing in a regional center project is the most common route to an EB-5 visa—the other is direct investment. As defined by the U.S. Citizenship and Immigration Services (USCIS), “an EB-5 regional center is an economic unit, public or private, in the United States, involved with promoting economic growth.”

When a regional center project is within a targeted employment area (TEA), EB-5 applicants have to invest a minimum of $800,000, rising to $1,050,000 for non-TEA projects.

With such significant investment thresholds, investing in an EB-5 visa regional center project is a big decision that requires careful due diligence. Investors are advised to evaluate the project, developer, and regional center before taking this step. In this article, we will take a look at some due diligence best practices.

Key Factors When Assessing EB-5 Investment Opportunities

USCIS Project Approval

A foundational step is confirming the project has been reviewed and approved by USCIS. The approval showcases the project’s readiness and credibility.

It’s important to note that pre-approval by USCIS does not guarantee future approval of individual petitions, but it can speed up processing times.

Job Creation Potential

The core of the EB-5 program is economic growth through job creation. Each EB-5 investment must create at least 10 full-time jobs for U.S. workers. Look for projects that are likely to exceed this minimum threshold to provide a buffer against any unforeseen issues.

It’s also important to understand how and when jobs will be created. While updated policies can affect this timeframe, it’s best to look for projects that have already started to create jobs at the due diligence stage.

Regional Center Track Record

Evaluating the regional center’s EB-5 history provides valuable insight. Key data points include:

• Number of past projects successfully completed and percentage of EB-5 capital repaid.
• USCIS approval rates for both I-526E and I-829 petitions.
• Any regional center terminations, investor lawsuits, defaults or failures to return capital.

Investors should not just focus on the number of approved projects but also discover the details behind any rejections. A high volume of denials or a pattern of RFEs (Requests for Evidence) from USCIS can be a red flag.

Principals’ Experience and Background

Beyond the regional center, it’s crucial to vet the individual principals, developers, and managers involved in a project. Investigate their professional histories, previous developments, and any legal or financial troubles.

At this stage, investors can consider a few items, such as:

• Successful experience with similar projects and/or EB-5 developments.
• Absence of criminal records, fraud allegations, SEC violations or lawsuits.
• Likelihood of the team remaining intact to manage the project long-term.
• Financial health and capitalization to weather any challenges.

EB-5 can be a long process, and it’s best to have full confidence that the team involved will operate with integrity throughout.

Investment Structure and Terms

EB-5 investment structures can vary widely regarding equity versus loan positions, at-risk requirements, refund provisions, and capital return schedules. Carefully review all documents, private placement memoranda, and subscription agreements.

Key considerations include:

• Whether the total investment will be contributed at once or via deposit and installment.
• Provisions for investment refund if Form I-526E is denied.
• Expected return on investment and whether distributions will be made during the immigration process or only upon maturity.
• Clear exit strategy specifying when and how the investment principal will be repaid after immigration requirements are met.

It’s recommended that investors speak to experienced securities counsel who can explain the investment terms and their rights and risks fully.

Immigration Risk and Redeployment

EB-5 capital must be sustained “at risk” for a minimum of two years. But what happens if the original project is completed or repays the investment early? The investor’s funds must be redeployed into one or more new projects until the required timeframe is completed.

Redeployment policies vary significantly. Some regional centers allow investors to provide input into different projects, while others don’t.

Examine the redeployment terms and the regional center’s track record with past redeployments. Ideally, look for a clear policy stating that redeployment will be into similar projects and allowing investors’ consent.

Get Your Green Card With EB5AN

These factors can provide a framework for evaluating EB-5 regional centers, but navigating the program’s complexities could be challenging for even experienced investors. The most effective approach is to hire an experienced EB-5 immigration attorney to guide you through the due diligence process.

It’s also important for EB-5 investors to stay updated on any policy changes or new laws affecting the program. By keeping up with the industry through reliable sources, EB-5 investors can ensure the regional centers and projects they’re considering meet the latest program requirements.

EB5AN can provide expert guidance through all stages of the EB-5 application process for a straightforward immigration journey. Please book a free one-on-one call with our team to discuss the specifics of your case.

Investors hoping to establish a future in the U.S. may find it difficult to understand the different immigration processes. The United States Citizenship and Immigration Services (USCIS) offers specific pathways to foreign nationals. The E-2 and EB-5 visas are two common options for foreign investors planning to live in the U.S.

While both programs have benefits, they also have different requirements. One such distinction is the issue of proving source-of-funds. Applications often get delayed or denied due to a lack of understanding of these requirements.

In this article, we will provide an overview of the EB-5 and E-2 visas. We’ll also compare the source-of-funds requirements for both pathways.

Immigrant vs. Nonimmigrant Investor Visas

Foreign investors have different options that enable them to live in the U.S. legally. Selecting the right route for you and your family can help you make precise and timely decisions about your immigration goals.

An immigrant investor visa, namely the EB-5 visa, provides a pathway to permanent residency, commonly known as a Green Card. This means that investors and their immediate family members can live and work in the U.S. indefinitely, enjoy most of the rights and benefits of U.S. citizens (except for voting), and eventually apply for citizenship.

On the other hand, a nonimmigrant visa is a type of visa issued to foreign nationals who wish to enter the United States temporarily for a specific purpose, such as tourism, business, study, or temporary work. Unlike immigrant visas, nonimmigrant visas are designed for those who plan to stay for a limited period of time. Visa holders are expected to return to their home country once their visa expires. Among all U.S. nonimmigrant visas—which include tourist visas, student visas, and others—the only investment visa category is the E-2 visa.

Let’s consider these two popular investor visa options below.

EB-5 Immigrant Investor Program

Introduced by the Immigration Act of 1990, the EB-5 Immigrant Investor Program offers foreign nationals who invest in a new commercial enterprise an avenue to obtain a U.S. Green Card. The program’s aim is to boost the U.S. economy by attracting foreign investors and creating jobs for Americans.

EB-5 applicants can either invest $1,050,000, or a reduced rate of $800,000 in a targeted employment area (TEA).

The investor typically submits an application to USCIS using Form I-526E (Immigrant Petition by Regional Center Investor). To approve this petition, USCIS requires documentation of the investment, a business plan, and source-of-funds evidence that shows the capital investment is based on lawful sources—among other requirements and supporting documents. After approval, investors and their eligible families can become conditional Green Card holders and enjoy several benefits. They can later apply to remove the conditions on their Green Cards and become lawful permanent residents of the United States.

E-2 Nonimmigrant Treaty Investor Program

The E-2 visa allows investors to enter and work in the U.S. temporarily. These visas are for nationals of countries that have a treaty of navigation or commerce with the U.S. Unlike the EB-5, the E-2 visa does not have a set minimum investment amount but requires a substantial investment in a U.S. business.

E-2 visa holders can renew their visas indefinitely if they continue to meet the requirements, but this visa does not lead to permanent residency. Foreign investors cannot apply for a Green Card directly through the E-2 visa.

Individuals interested in this visa must submit Form DS-160, the Online Nonimmigrant Visa Application, and the DS-156E (Nonimmigrant Treaty Trader/Investor Application). Applicants must provide other documents such as passports and marriage certificates, as well as business-related paperwork like proof of ownership and a comprehensive business plan.

EB-5 vs. E-2: Comparing the Source-of-Funds Requirements

Both EB-5 and E-2 visa applicants are required to provide proof of lawful source of funds.

EB-5 investors must submit detailed records that trace their investments from the source to the point of investment in the U.S. There are several sources of funds accepted, including earnings, gifts, loans, property sales, inheritances, and personal savings. However, both the source and the path of the investment funds need to be thoroughly documented.

In contrast, E-2 visas do not require as much source-of-funds information. E-2 application documents must show that the money will go to the E-2 business and that it was obtained lawfully, but the path of funds and supporting evidence are less scrutinized.

While E-2 applicants do not need to conduct the same thorough tracing and paperwork, consular officers or adjudicators must still guarantee that the funds are legitimately obtained and adequate for the business entity.

Given that the EB-5 visa leads to permanent residency, it’s only natural that its source-of-funds processes are more closely scrutinized compared to the nonimmigrant E-2 visa. Because this is such a crucial aspect of the EB-5 process, it can directly impact the success of an application. This is why investors must pay close attention to their source-of-funds package and work with the best immigration attorneys and EB-5 experts to ensure their documentation is comprehensive and accurate.

Transitioning From E-2 to EB-5

E-2 visa holders may opt to transition to EB-5 status, provided they fulfill all requirements, including presenting evidence for a lawful source of funds. Therefore, E-2 applicants should be careful about keeping a detailed paper trail of their source and path of funds from the start. This precaution is important in case they eventually choose to switch to a long-term permanent residency option in the U.S. Proper documentation from the beginning can help E-2 investors make a smoother transition to EB-5 status and ensure compliance with USCIS requirements.

Compile Your Source-of-Funds Documentation With EB5AN

EB-5 applicants finance their investments in a number of ways. Since every investor’s situation is unique, there isn’t a comprehensive collection of standard source-of-funds documentation.

Instead, EB-5 investors can collaborate with industry experts to determine the necessary documents to meet USCIS’s requirements and increase their chances of financial and immigration success.

EB5AN has helped more than 2,300 families from 60 countries relocate to the U.S. as lawful permanent residents. Schedule a free call with our expert team today to answer any questions about your source-of-funds package or any other EB-5 visa details.

A biometrics appointment is an important part of the EB-5 visa process. The U.S. Citizenship and Immigration Services (USCIS) collects applicants’ biometric data, including fingerprints, photographs, and digital signatures. The main purpose of this appointment is to verify applicants’ identities and conduct necessary background checks to ensure they are eligible for the immigration benefits they seek.

USCIS collects applicants’ biometric data to improve the security and integrity of the immigration process. This also ensures that EB-5 applicants meet program standards, including verifying the source of investment funds and maintaining a clean record.

Learning about the biometrics process helps applicants manage their expectations and plan accordingly. This includes knowing what forms of identification are needed, the type of biometric data that will be collected, and any associated fees.

In this post, we will provide information that can prepare EB-5 applicants for their USCIS biometrics appointment.

What Should You Bring to Your USCIS Biometrics Appointment?

While preparing for a USCIS biometrics appointment, there are certain essentials EB-5 applicants need to be aware of. These include:

Required Documents

EB-5 applicants are usually required to have certain documents when going to their biometrics appointments. This includes the appointment notice usually communicated through Form I-797C, Notice of Action, which specifies the date, time, and location of the biometrics appointment. Applicants may also need to tender any government-issued photo identification, such as their passport or driver’s license.

Besides these key records, USCIS could request additional documents in the appointment notice that may aid the applicant’s biometric capturing.

Dress Code and Appearance

While there are no strict attire rules, EB-5 applicants are advised to wear simple, formal clothes for their biometrics appointment. Applicants are permitted to wear head coverings for religious purposes as long as their faces remain visible.

What Steps Are Involved in a USCIS Biometrics Appointment?

In this section, we will discuss the stages of the USCIS biometrics appointment for EB-5 applicants.

Receiving the USCIS Appointment Notice

At various stages of the EB-5 process, USCIS may schedule a biometric services appointment at an Application Support Center (ASC). The EB-5 applicant will receive an appointment notice by mail, which provides important details on their biometrics process.

The appointment notice may also include specific documents the agency needs from applicants.

Rescheduling Your USCIS Biometrics Appointment

Applicants may reschedule their biometrics appointment if the given appointment does not work for them. To do this, they need to submit their request through their USCIS online account or by calling the USCIS Contact Center at 800-375-5283. USCIS will not grant rescheduling requests made via mail.

Reschedule requests should be made as early as possible, ideally well before the appointment date.

Arrival

The appointment notice sent to the applicants states the time of their biometrics appointment. It is advisable to arrive 15-30 minutes early to allow time for check-in and security procedures.

Security Screening

Upon arrival at the ASC for a biometrics appointment, applicants will pass a security check. This is similar to security screenings at airports or federal buildings. Applicants will also present their appointment notice and government-issued photo ID to the security personnel or front desk staff.

Following initial processing, applicants will proceed to a security checkpoint. This may involve walking through a metal detector, undergoing an X-ray machine inspection, or a physical pat-down screening. Items not allowed in the facility include weapons, explosives, dangerous chemicals, food, and beverages.

Applicants may bring electronic devices such as phones, laptops, and tablets, but they must silence them while in the waiting area. They must switch off their phones while the USCIS staff is attending to them.

Biometrics Collection Process

After the security screening, USCIS staff will guide the applicant to a biometrics technician. At this stage, the technician will collect the applicant’s biometric information, including fingerprints, digital photographs, and digital signatures. This process also includes a declaration confirming that the information provided in the immigration documents was true at the time of filing.

EB-5 applicants who are 14 years old or older will provide a signature on any application filed with USCIS. Although children under the age of 14 are not required to provide a signature on any application, they may choose to sign their name during the ASC appointment if they can. A parent or legal guardian may also sign the application on the child’s behalf.

In total, a USCIS biometrics appointment typically lasts between 15-20 minutes. However, applicants may have to wait their turn if there are many others scheduled ahead of them at the ACS.

What Should You Do After Your Appointment?

Once the biometrics appointment is complete, applicants will receive a stamp or notation on their appointment notice as proof of completion. To prepare for the next phase of their EB-5 visa process, here are a few things EB-5 applicants can do.

Keep Proof of Attendance

Keep the stamped appointment notice or any confirmation provided by USCIS as proof that you attended the biometrics appointment.

Track Case Status

You can regularly check the status of your application online using the USCIS case status tool. Doing this will help you stay informed about any updates or extra steps required.

Respond to Any Requests

If USCIS sends any requests for more information or documents, respond quickly to avoid delays in processing your application.

Prepare for Possible Follow-Up

In some cases, USCIS may need extra biometrics or follow-up appointments. Be prepared to attend if notified.

Stay Updated

Keep your contact information current with USCIS so that you will receive all communications about your application.

Who Can You Bring to the Appointment?

While not required, there are cases where EB-5 applicants may bring an attorney or accredited representative along. For instance, if the applicant has any complexities in their documentation or legal history, they can retain an attorney to provide guidance and ensure that the paperwork is in order.

Applicants with disabilities may bring a caregiver or family member to help them through the process. They can also request disability accommodation or call the USCIS Contact Center for assistance.

Also, applicants who are not fluent in English can bring an interpreter to their ASC appointment if the center does not provide translators. Friends and family members who are not critically needed should not follow the applicant inside the biometrics facility. They may wait outside the building or in a waiting area, if available.

How EB5AN Can Help

The collection of biometric data is an important step, and missing the appointment or failing to provide the required documents can extend the EB-5 visa process unnecessarily. That’s why it’s advisable to consult an immigration attorney to provide professional guidance, double-check details, and help clarify any confusing requirements.

You can also book a free consultation with EB5AN to get professional assistance from leading EB-5 experts in the U.S.

Foreign nationals looking to obtain Green Cards often worry about how long the process can take, and for good reason. Historically, the EB-5 visa— along with other employment-based visa categories—was affected by long processing times and immigration delays. However, the process continues to get shorter for new investors considering the EB-5 program.

Prior to 2022, EB-5 processing times could take several years. Now, thanks to the EB-5 Reform and Integrity Act of 2022 (RIA), the industry is seeing Form I-526E approvals in under 12 months.

In this article, we’ll delve into the reasons behind the updated processing times. We’ll also discover how they affect the EB-5 process and discuss how selecting a low-risk rural EB-5 project can help investors get their Green Cards faster.

Rural Investments Speed Up I-526E Approvals

The EB-5 Reform and Integrity Act of 2022 (RIA) has designated 32% of the annual EB-5 visa quota for targeted employment area (TEA) projects. This includes:

• 20% for rural TEAs
• 10% for high-unemployment TEAs
• 2% for infrastructure projects

Rural area investments play a significant role in speeding up applications due to the benefits of set-aside visas and the unique priority processing opportunity.

Set-Aside Visa Quota

RIA brought about a number of modifications, including set-aside visa quotas. These quotas have positively impacted processing delays.

By investing in targeted employment areas, foreign nationals can avoid the long queues that typically occur in the unreserved category due to visa availability issues. As of June 2024, for “legacy” I-526/I-526E petitions before 2022, the estimated processing time announced on the United States Citizenship and Immigration Services (USCIS) website is 54 months.

There is less competition for the relatively new reserved visas, and no visa backlogs at the time of writing. This streamlined process not only accelerates the path to I-526E approval but also provides a more predictable timeline for obtaining U.S. permanent residency.

With years-long wait times now down to a few months, the set-aside visas have proven to be a game-changer. This particularly applies to investors from nations with significant demand, such as China and India.

Although all set-aside visas are still in current status, they can get oversubscribed quickly. Since RIA was enacted, investors’ interest in the EB-5 program has increased, leading to a rising number of applications. Interested investors are advised to apply promptly to avoid any delays or possible backlogs in the reserved categories.

Priority Processing

The EB-5 program focuses on funding underserved areas through foreign investment. To encourage such investments, USCIS offers a strong incentive by processing petitions for these areas earlier than others. This is how RIA’s priority processing provision for rural TEA projects leads to quicker I-526E approvals for foreign nationals.

Can Concurrent Filing Get Foreign Investors Their Green Cards Faster?

Through the EB-5 concurrent filing opportunity, foreign investors can simultaneously file their Form I-526E and Form I-485 petitions. To qualify, applicants must hold a valid non-immigrant visa and be in the country at the time of filing. Before concurrent filing was introduced with RIA, foreign investors could only file Form I-485 after I-526E approval. This provision can speed up the Green Card application process by eliminating the need to wait separately for each petition.

Investors can also apply for an employment authorization document (EAD) and advance parole (AP) at the same time. This allows them to work in the U.S. and travel internationally while their petitions are being reviewed. With this, investors and their qualifying family members can begin enjoying the benefits of U.S. residency sooner.

Investing in Low-Risk Regional Center Projects Can Help

The majority of EB-5 applicants choose to invest in regional center-sponsored projects, which is an easier way for investors to fulfill the EB-5 requirements when compared to direct investments. Under the regional center program, designated regional centers must get pre-approvals from USCIS for each project they offer. Thanks to these exemplar approvals, investor petitions can be processed more quickly, shortening the time it takes USCIS to examine and approve the project.

Furthermore, most reliable regional centers are run by seasoned experts who are knowledgeable about the EB-5 program’s standards. This means the projects they are offering are more likely to adhere to laws and regulations, which lowers the possibility of delays stemming from compliance issues.

Choosing a low-risk rural EB-5 project also increases applicants’ chances of investment success, mitigating the risk of losing time on issues like redeployment, requests for evidence, or litigation.

Start Your Immigration Process With EB5AN

With immigration reforms and policy updates, USCIS aims to ensure a fair and practical system for the EB-5 program. However, there are still many technicalities involved in the process, which requires expert guidance. Figuring out the best methods to follow when planning on immigrating through EB-5 can be a daunting process because every investor has a unique situation, despite a common goal.

That’s where EB5AN comes in. We have assisted more than 2,300 families from 60 countries in relocating to the United States as lawful permanent residents. With over a decade of expertise, our team provides clients with top-tier, low-risk EB-5 regional center projects, boasting a perfect USCIS project approval record to date.

To take advantage of the shorter EB-5 processing times and get Green Cards for you and your family, schedule a free consultation with EB5AN today.

EB-5 investors can apply for a Green Card once their I-526 or I-526E petition is approved by the United States Citizenship and Immigration Services (USCIS).

EB-5 investors already in the U.S. can apply for their permanent resident status without leaving the U.S. through a process called adjustment of status.

Investors outside of the U.S. must apply to the U.S. consulate in their country of residence for an immigrant visa using Form DS-260 to enter the U.S. as a permanent resident. This is called consular processing.

Upon approving an I-526E petition, USCIS sends it to the Department of State National Visa Center (NVC) for pre-processing. You’ll be notified once the NVC receives your petition and opens your case file. The notification usually includes information on how to log in to the Consular Electronic Application Center (CEAC) to monitor your application status.

The NVC will also notify you when an immigrant visa number becomes available. They’ll inform you when and how you should pay the immigration visa fees and upload the required supporting documentation. They’ll then schedule a visa interview for you.

The consular interview is a crucial step in the immigration process and can determine whether foreign investors will receive U.S. permanent residency. This is why some preparation is required for a successful EB-5 interview.

This article takes a closer look at the interview stage of EB-5 consular processing and provides insights to help investors scale through the interview.

Preparing for an EB-5 Consular Interview

The consulate interview is an important step in an EB-5 investor’s immigration journey and requires careful preparation.

During the interview, the investor must be prepared to answer questions about their EB-5 application, background, and reasons for wanting to move to the U.S. The consular officer’s primary goal is to confirm the investor’s (and their dependent family’s) eligibility for the visa. The investor has to convince the consular officer that their reasons for immigrating to the U.S. are genuine and they’ve met all requirements for the EB-5 visa.

Foreign nationals investing in a regional center-sponsored project should get all possible information and relevant supporting documentation. You can ask your legal counsel for a mock interview to test your readiness.

The interview typically lasts 30 minutes to an hour, and the consular officer will pay close attention to spot any gaps or misrepresentations. Any discrepancy between the answers you provide and the information in your DS-260 can lead to the denial of your EB-5 visa application.

Consular Interview Requirements

EB-5 visa applicants and their dependents must complete the following steps before the interview.

Step 1: Register Online

Once you receive your interview appointment letter, you must register online and choose your visa pick-up location. After processing, the embassy will return your passport and visa package to the selected location. You will find the link to the registration portal on the consulate website. Registration is free.

Step 2: Schedule and Attend a Medical Examination

Investors and their dependents must attend a medical examination with an authorized physician before the scheduled date. The examination must be conducted by a doctor approved by the U.S. embassy in the investor’s country. You will find the list of approved panel physicians and required documents for the appointment on your home country’s U.S. consulate website.

The doctor will send the result directly to the embassy or give it to you in a sealed envelope to submit during the interview.

Step 3: Gather Supporting Documentation

You must bring all required original or certified documents to the interview, so it’s essential to start gathering them on time. Failure to bring all the necessary documents can delay your visa processing.

Who Should Attend the Interview?

The interview is mandatory for the investor, their spouse, and unmarried dependent children relocating to the U.S. with them. Dependent children below 14 years of age are not required to attend.

If an investor’s spouse and dependent children are relocating later, they do not have to attend the interview with the investor. They will be scheduled for a separate interview at a later date.

Documents Needed for an EB-5 Consular Interview

All EB-5 investors and accompanying dependents must come with the following documents to their consular interview:

• Interview appointment letter received from NVC.
• DS-260 confirmation page.
• Passport—valid for up to six months after the expected entry date to the U.S.
• Two identical color photographs.
• Online registration confirmation page.
• Birth certificate.
• Marriage certificate, if applicable.
• Certificate of termination of any previous marriages (e.g., divorce certificate or death certificate of former spouse), if applicable.
• Proof of transfer of investment funds to an escrow account or an investment project.
• Police certificate.
• I-526E petition and financial forms.
• Copies of previous U.S. entry documents.
• All other civil documents you uploaded into CEAC.

Investors must provide certified translations of all documents not in English, along with the original. The consular officer may request additional evidence, which you or your attorney must provide within the given time frame to avoid delays.

Questions to Expect During an EB-5 Interview

Every EB-5 regional center investor going through consular processing should be ready to answer questions regarding their background and EB-5 investment project.

Questions About Your EB-5 Petition

An EB-5 investor visa applicant will be asked several questions concerning their EB-5 investment. Some questions to expect include:

• How did you hear about the EB-5 opportunity?
• Why did you choose to invest in a regional center project?
• What’s the current status of the project?
• How many jobs have been created?
• What was the total cost of your EB-5 investment, including the administrative fees you paid to the regional center?
• What is your source of funds for this investment?

The supporting documentation you used for your I-526E application will be helpful when answering these questions.

Immigration History and Other Personal Matters

The consular officer will most likely inquire about your immigration history and your reasons for deciding to relocate to the U.S. Expect questions like:

• Why did you choose to relocate to the U.S.?
• Have you ever been the subject of immigration proceedings?
• Have you ever been ordered removed from the U.S. or any other country?
• Do you have any past or current criminal convictions?
• Have you ever been arrested?
• What other country have you lived in aside from your country of origin?

Tips for a Successful EB-5 Interview

The following tips can help during your interview:

• Answer all questions honestly. The consular officer most likely already knows the answer to the question and is trying to judge your authenticity.
• Be confident but polite when answering questions.
• Be quick, concise, and straightforward. Avoid rambling, and don’t hesitate when giving answers. This can make the officer suspicious.
• Answer questions directly, and do not speculate. If you don’t know the exact answer to the question being asked, say so.
• Bring all the supporting documents you’ll need to back up your answers.
• The officer may not make a decision on-site. Refrain from pushing for an immediate decision. It can lead to an unfavorable outcome.

After the Interview

After the interview, you’ll have to wait for the consulate to decide on your application. Decision times vary across U.S. embassies and consulates in different countries.

Some factors that affect decision times include administrative procedures, visa availability, consular workload, and the complexity of the case.

Requests for additional supporting evidence can prolong the decision time. Also, some consulates receive a higher volume of visa applications than others, so processing visa applications will take longer. It’s advisable to limit travel plans until you get a decision.

The embassy will notify you once a decision is made.

What Happens if an Investor Fails to Appear for the Interview?

If an investor cannot attend their interview, they must contact the U.S. embassy or consulate on time to reschedule the interview. Failure to contact the U.S. embassy within one year of receiving the appointment notice will lead to termination of the case and the cancellation of your I-526E petition. Any fees paid will not be refunded.

Investors are advised to make every effort to attend the scheduled interview. If you choose to reschedule, note that appointments are limited, and you may have to wait much longer for another available appointment. Also, there may be no available visas on the day of your rescheduled interview. You should check the latest Visa Bulletin before deciding to reschedule.

EB5AN Can Help You Secure U.S. Permanent Residency

Applying for an EB-5 investor visa can be a long and complex process. While investors can submit their I-526E petition and immigrant visa application themselves, it’s best to get help from an experienced immigration attorney and industry-leading EB-5 experts.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our team has 10+ years of experience and offers clients low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

If you need help applying for an EB-5 visa or would like to get an opinion on your ongoing process, book a one-on-one call with our EB-5 team today.

EB-5 investors can invest in a regional center-sponsored project or directly in a new commercial enterprise.

Most investors prefer regional center sponsorship because it offers an easier and faster route to obtaining an EB-5 visa and U.S. permanent residency. The regional center pathway also tends to be less costly, as most sponsored projects are in targeted employment areas, qualifying for a lower investment threshold.

Investing through regional centers also makes meeting the job creation requirement easier. With direct investments, investors must create at least ten full-time jobs for qualified U.S. workers and sustain them for at least two years. However, regional center investments allow investors to also use indirect and induced job creation to meet this requirement.

While investing through a regional center is a more accessible pathway to obtaining your EB-5 visa, there is no guarantee that USCIS will approve your I-526E petition. Your petition may be rejected if the regional center or project fails to meet USCIS conditions.

This is why it’s essential to carry out due diligence before choosing a regional center. This article provides a practical guide to conducting regional center due diligence.

Regional Center Due Diligence Checklist

Conducting regional center due diligence helps investors achieve immigration success and avoid losing money in an EB-5 investment. The checklist below serves as a guide for regional center due diligence.

USCIS Compliance

The United States Citizenship and Immigration Services (USCIS) designates regional centers. As such, a regional center must comply with all USCIS rules and regulations to obtain a designation and remain operational.

In carrying out due diligence, you must check the compliance of the regional center with USCIS policies. Confirm that they have an active designation. The regional center should be able to provide investors with their compliance history. Confirm they have maintained their designation by filing their annual certification forms.

Only choose regional centers with a history of full compliance. Be wary of those that have been cited for non-compliance in the past.

History and Experience

When choosing an EB-5 regional center, consider the experience level of each prospective one you’re considering. Check when each regional center was founded and how long they’ve been operating as an EB-5 project sponsor. You should also check how many projects they have completed since their designation.

The longer a regional center has been active in the EB-5 field, the more familiar it’ll be with the nuances of EB-5 petitions, project selection, and USCIS regulations. Their key personnel will likely be more experienced with the EB-5 processes and can help ensure a smooth application process.

Track Record

An investor primarily applies for an EB-5 visa to obtain U.S. permanent residency. So, every investor wants some type of guarantee that their investment in a regional center-sponsored project will lead to obtaining their Green Card. However, this is not always the case.

To ensure the success of their immigrant investor petition, investors must examine the track record of each prospective regional center. Research their project success rates, investor I-526E and I-829 petition approval rates, and investor repayments.

Given the potentially lengthy processing times of EB-5 petitions, newer regional centers may not have a long history to determine approval rates. Investors should look out for past I-526E and I-829 petition denials in this case. The presence of investor petition denials often indicates that the regional center breached USCIS guidelines.

Management Team

Like every other business enterprise, the success of a regional center relies on the expertise of its management team. Many regional center owners do not have a professional background in international finance and investments. This can affect the successful operation of their regional centers and sponsored projects.

Investigate the professional background of each prospective regional center’s management team. Look for those with relevant experience in business finance, immigration law, and real estate, as well as those who have worked on significant business transactions in the U.S. and abroad.

Investors should also look into the management’s integrity track record. Check for bankruptcies, past lawsuits, and regulatory issues. Analyze the profit-sharing agreement between the regional center and project developers. The presence of excessive compensation can indicate irregularities that could affect your investment.

Project Selection Process and Project Viability

If a regional center-sponsored project fails, an investor may lose their money and chances of becoming a U.S. permanent resident. That’s why, as part of due diligence, investors should talk to the prospective regional center about a customized project selection process and successful completion rates.

Find out if the regional center conducts independent due diligence on its projects. Examine their business plan and economic analysis to determine the project’s viability. Analyze each regional center’s investment strategy and determine if it aligns with your investment goals and risk tolerance.

Look out for regional centers that provide low-risk projects. That is, projects where the EB-5 investor does not bear the most risk. Projects already under construction and presold are generally at lower risk and more viable than those still in the planning stages.

Financial Strength

Investigating the financial strengths of a regional center is a critical component of due diligence. USCIS mandates that regional centers submit annual financial reports to their investors. You can use these reports to analyze the financial strength of the regional center.

Review each regional center’s audited financial statements. Assess their debts, assets, liabilities, and cash flow. Also, check their primary source of funding for sponsored projects. How much of the capital comes from EB-5 investments? How much comes from bank loans and developer equity?

Projects in which EB-5 investments make up a smaller percentage of the capital are often safer than EB-5 investment-reliant projects. The latter might fail if there are insufficient EB-5 investors.

Investors should also check the escrow agreement to understand how the investment funds will be managed and disbursed into the project.

Communication and Transparency

Communication and transparency are vital considerations when choosing a regional center. Investors should assess the regularity and transparency of each prospective regional center’s communications with investors. How fast do they respond to investors’ inquiries? And do they handle concerns professionally?

A good regional center should provide regular project progress and disclose critical financial transactions to its investors. Check their websites for testimonials from past investors. If possible, directly contact past investors to learn about their experiences with the regional centers.

Work With EB5AN for Financial and Immigration Success

Conducting regional center due diligence is essential for a successful EB-5 process. Choosing a regional center and project to invest in does not have to be overwhelming. You can make a well-informed decision by doing some thorough research.

An industry leader, EB5AN has helped over 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

If you need more information about conducting regional center due diligence or want to know more about our EB-5 regional center projects, please book a one-on-one call with our EB-5 team.