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- Introduction to Targeted Employment Areas (TEAs)
- Investor FAQ Topics
- Change of Status
- Are EB-5 investors required to apply for advance parole when filing Form I-485?
- Can a foreign national in the U.S. with a pending asylum petitionpursue the EB-5 Program?
- Can an EB-5 investor extend P-3 status once an I-526 Petition is filed?
- Can an EB-5 investor in the U.S. on a visa waiver adjust status upon I-526 approval?
- Can an EB-5 investor transfer the application to his/her spouse?
- Can an EB-5 investor with conditional permanent resident status apply for citizenship?
- Can an F-1 Visa holder extend F-1 status with a pending I-526 Petition?
- How can an EB-5 investor and any derivative beneficiaries abandon their conditional Green Cards?
- How might a pending I-526 Petition affect an application to change from F-1 to F-2 status?
- How will divorce affect the immigration status of an EB-5 permanent Green Card holder?
- Is there a limit to the number of visa types a foreign national can apply for?
- What happens to an EB-5 applicant’s priority date when the case is transferred to the IPO?
- What happens when an EB-5 investor withdraws a pending I-829 Petition?
- What is an EB-5 investor’s immigration status with a conditional Green Card?
- China Retrogression
- Direct EB-5 Qualification
- Can a foreign business owned by a potential EB-5 investor somehow qualify for a direct EB-5 investment?
- Can a foreign national transfer a business to the U.S. and invest in that business to qualify for an EB-5 Visa ?
- Can a foreign worker be hired by an EB-5 investor?
- Can an EB-5 business be established in phases?
- Can an EB-5 investment made in a single business with multiple branches count the total number of jobs created by all branches?
- Can multiple investments in unrelated businesses qualify an investor for an EB-5 Visa?
- Does the EB-5 Program expect applicants to make their investments before visa approval?
- For direct EB-5 investors, when must the full investment be made?
- How can an EB-5 investor legally operate a direct investment with a pending I-526 Petition?
- How close to an EB-5 investment must an investor live?
- How does consular processing time affect the length of time allowed for EB-5 job creation?
- How likely will an investor’s EB-5 petition be denied?
- How might a direct EB-5 investor get his/her principal investment back after obtaining a Green Card?
- How might a direct EB-5 investor obtain TEA designation for a project?
- How might all of an investor’s funds fulfill the “at risk” requirement if only a portion of the investment is needed to start the new commercial enterprise (NCE)?
- How might an EB-5 direct investor create two businesses in separate locations using EB-5 funds?
- How might an EB-5 investor change a direct investment during the conditional residence period?
- How might someone in the U.S. on an H-4 visa make a direct EB-5 investment and operate the new commercial enterprise (NCE) while awaiting I-526 adjudication?
- What are the business plan requirements for direct EB-5 investors?
- What kind of business is eligible for EB-5 investment?
- When must a direct EB-5 investor have a completed business plan?
- When must the 10 job positions be created by a direct EB-5 investment, and how long must they exist?
- When should an EB-5 investor transfer investment funds into the new commercial enterprise (NCE)?
- Where must an EB-5 business be located?
- EB – 5 Project Selection / Diligence
- Can a foreign national make an EB-5 investment into a family business?
- Can an EB-5 investor invest in a project that already has I-526 approvals?
- Can an EB-5 investor split an investment between two businesses?
- Can an H-1B Visa holder pursue the EB-5 Program?
- Can financing be the source of an EB-5 investment?
- Can investing in a residential real estate development project work for EB-5?
- Can the purchase of an apartment work as an EB-5 investment?
- Does the I-526 processing time differ between EB-5 regional center investments and direct investments?
- How can a potential EB-5 investor find available projects?
- How can an EB-5 investor be sure a project is a good investment?
- How can an investor determine if a project site is inside a targeted employment area (TEA)?
- How can an investor know if an EB-5 regional center project is a viable investment with low immigration risk?
- How can EB-5 investors ensure the success of their investments?
- How likely is it that an EB-5 investor’s principal investment will be returned?
- How might a potential EB-5 investor find active projects?
- How quickly can an investor obtain an EB-5 Visa and enter the United States?
- How safe is the EB-5 Program?
- How secure are EB-5 investments?
- How should an investor evaluate an EB-5 project?
- How should an investor go about performing due diligence on an EB-5 regional center project?
- Must an EB-5 project be pre-approved before investors can file Form I-526?
- Should an EB-5 investor’s immigration attorney have any financial interest in the regional center or project receiving the client’s investment?
- What are the benefits of investing in a project that already has some approved I-526 Petitions?
- What criteria must an existing company meet in order to qualify as a new commercial enterprise (NCE)?
- What is an I-924 application and how does it affect EB-5 projects and investors?
- What passive investments qualify for the EB-5 Program?
- Family Member Treatment
- After filing an I-829 Petition, at what point are the dependents of an EB-5 investor given an extension of their status?
- Are family members of an EB-5 investor granted conditional permanent residency?
- At what point in the EB-5 process may a dependent child marry, and will the child’s spouse become a derivative beneficiary?
- At what point in the process do EB-5 applicants have access to resident tuition rates?
- Can a B-1 Visa holder travel to the U.S. after receiving I-526 approval but before obtaining a Green Card?
- Can a derivative beneficiary living in the U.S. as a nonimmigrant adjust status even if the principal applicant consular processes?
- Can a derivative beneficiary on a nonimmigrant visa travel abroad with a pending I-526 Petition?
- Can a derivative file Form I-485 after the I-829 Petition is approved?
- Can a married couple file two separate I-526 Petitions and include one another as derivatives?
- Can a same-sex married couple apply for EB-5 Visas?
- Can a teenager apply for an EB-5 Visa?
- Can an EB-5 investor add a spouse to his/her application after obtaining a conditional Green Card?
- Can an EB-5 investor add a spouse to his/her application after obtaining a conditional Green Card?
- Can an EB-5 investor and his/her family move to the U.S. before the I-526 Petition is adjudicated?
- Can an EB-5 investor’s partner in a civil union apply for an EB-5 Visa as a derivative?
- Can an unmarried adopted child under age 21 be included on an EB-5 application?
- Can someone file Form I-485 as an EB-5 investor and Form I-485 as an EB-2 immigrant?
- Can someone in the U.S. as a spouse on a nonimmigrant dependent visa, such as F-2, J-2, or H-4, apply for EB-5?
- Can the EB-5 Program help a derivative who has overstayed a visa?
- Can the principal EB-5 investor abandon his/her Green Card without affecting the family’s Green Cards?
- Does an EB-5 investor have to include his/her spouse on the application if the spouse does not intend to pursue the EB-5 Visa?
- How does the EB-5 Program work for married couples?
- How is a derivative child’s age calculated, particularly in light of visa retrogression?
- How long must an EB-5 business be maintained?
- How might a parent who shares custody of a child include the child as a derivative beneficiary on an EB-5 application?
- How might a stepchild be included as a derivative beneficiary of an EB-5 investor?
- How might an EB-5 applicant and/or derivatives postpone entering the U.S. after I-526 approval in order to complete business, academic, or other obligations?
- How might an EB-5 applicant visit the U.S. before receiving his/her conditional Green Card?
- How might an EB-5 investor sponsor elderly parents as dependents?
- How might an expected grandchild be included as an EB-5 derivative beneficiary?
- How might derivatives spend more than six months abroad after obtaining an EB-5 Visa?
- How soon after gaining conditional resident status can an EB-5 investor file an F2A spousal petition?
- How will a derivative abandoning his/her conditional permanent residence affect the principal EB-5 applicant and other derivatives?
- How will I-526 approval affect a derivative’s ability to obtain or renew an F-1 Visa?
- If a derivative child turns 21 before Form I-829 is approved, will the child be eligible for the permanent Green Card?
- If a Green Card holder gives birth to a child while abroad, what is the child’s immigrant status?
- If an EB-5 investor marries or has a child after filing his/her I-526 Petition, will the new family member be eligible for a Green Card?
- If the principal I-526 applicant is living in the U.S. on a different visa and plans to adjust status through Form I-485, how can dependents living abroad file for the EB-5 Visa?
- Is an EB-5 applicant’s stepchild considered a derivative beneficiary?
- Is there a limit to the number of family members who can apply for EB-5 Visas as derivative beneficiaries?
- Must each of an EB-5 investor’s derivative beneficiaries fill out Form DS-260?
- What happens if a dependent child turns 21 before the I-526 Petition is approved?
- What is the immigration status of an EB-5 investor and any derivative beneficiaries after the I-526 Petition is approved?
- What should an investor do if a family member’s fee bill is missing?
- When can a principal EB-5 applicant add a spouse to the application?
- When can an EB-5 investor file Form I-130 on behalf of relatives?
- When can the derivative family members of the EB-5 investor apply for their Green Cards?
- When is the child of an EB-5 investor to old to be included as a derivative beneficiary?
- When should the derivatives of an EB-5 investor file Form I-485?
- Which of the investor’s family members can apply for visas and Green Cards through the EB-5 Program?
- Who is allowed to gift funds to an EB-5 investor?
- Why might an attorney advise against pursuing the EB-5 Program?
- Will divorce affect the permanent resident status of an EB-5 investor’s spouse?
- Will divorce during conditional residence affect an I-829 Petition?
- Form I-829 Best Practices for EB-5 Investors
- General Questions – Investors
- Are there any current proposals to add new immigrant visa options?
- Can a foreign national travel to the U.S. with a pending I-526 Petition?
- Can an EB-5 investor make multiple investments in separate projects?
- Can an employer make an EB-5 investment in a new commercial enterprise (NCE) on behalf of an employee?
- Can an existing U.S. company’s retained earnings or undistributed capital be the source of funds for an EB-5 investment?
- Can purchasing a house qualify as an EB-5 investment?
- Can retained income from an investor’s business be used as EB-5 investment funds?
- Can starting or investing in a residential construction company qualify a foreign national for an EB-5 Visa?
- Does it matter which spouse is the principal EB-5 applicant?
- For married couples, which spouse should be the principal EB-5 applicant?
- How are I-526 Petitions transmitted to USCIS?
- How can an EB-5 investor obtain a copy of the I-829 receipt notice?
- How can funds be transferred from a country with capital export restrictions, like Sri Lanka, for EB-5 investment?
- How is an EB-5 investor’s country of origin (country of chargeability) determined?
- How long are Green Cards valid?
- How many EB-5 investors are in a typical project sponsored by a regional center?
- How might a foreign national pursue an EB-5 Visa and a degree from a U.S. institution at the same time?
- How might a prior mental illness diagnosis affect an EB-5 investor’s admissibility?
- How might an EB-5 investor obtain clarification concerning EB-5 project documents?
- How might former membership in the communist party affect an EB-5 application?
- How might multiple EB-5 investors pool their funds?
- How much of the EB-5 process can an immigration attorney advise on?
- How much will it cost a foreign national to immigrate through the EB-5 Program?
- How negotiable are EB-5 regional center administration fees?
- How often does a Green Card have to be renewed?
- If pursuing a different immigrant visa , when should an EB-5 investor withdraw an I-829 Petition?
- Must Green Card holders apply for citizenship?
- What are the main differences between USCIS and the NVC?
- What are the potential consequences of filing an incomplete Form I-526 and submitting the missing documents later?
- What are the requirements for funds transfers from an EB-5 investor to a regional center?
- What can be done if an EB-5 investor’s visa application is delayed due to administrative processing?
- What changes to EB-5 law are likely to occur and when?
- What criminal convictions make a person inadmissible?
- What documents are needed to begin the EB-5 process?
- What documents will an EB-5 investor need to enter the U.S.?
- What documents will an EB-5 investor with a pending I-485 need at a Customs and Border Protection (CBP) checkpoint?
- What Does the EB-5 Priority Date Refer to, and What Is It For?
- What happens if a permanent resident’s citizenship application is denied?
- What is an EB-5 regional center management or administration fee, and do direct investments carry such a fee?
- What is the first step to obtaining an EB-5 Visa?
- What is the typical rate of success for EB-5 investors obtaining Green Cards?
- What must an investor do to keep an EB-5 Green Card?
- What source of funds requirements are there for regional center fees, legal fees, and USCIS filing fees?
- When do EB-5 investors get their invested capital back?
- When is an EB-5 investor able to legally work in the U.S.?
- When is the minimum investment threshold for the EB-5 Program expected to change?
- Why did the number of denied I-526 Petitions rise in 2016?
- Why do people apply for visas through the EB-5 Program?
- Why might a foreign national want to pursue the EB-5 Program?
- Will a legal name change affect an investor’s EB-5 application?
- Would an inadmissible spouse adversely affect an EB-5 investor’s I-526 Petition?
- I-829 Approval Requirements / Timing
- How do delays in I-485 processing affect I-829 Petitions?
- How might investors’ I-829 Petitions be affected by an incomplete project?
- How much does it cost to file an I-829 Petition?
- If the principal applicant abandons his/her I-829 Petition, what happens to the immigrant status of derivative beneficiaries?
- What level of scrutiny does USCIS apply when adjudicating I-829 Petitions?
- Investor Involvement in the Business
- Can an EB-5 investor visit the regional center project that he/she has invested in?
- Does an EB-5 investor have to be the sole owner of the new commercial enterprise (NCE)?
- How can an investor use his/her invested EB-5 capital to operate the new commercial enterprise (NCE) while living abroad?
- How do EB-5 regional center investors fulfill the program’s “active participation” requirement?
- How much involvement can investors have with EB-5 projects sponsored by regional centers?
- Is an EB-5 applicant who invests in an existing business required to have a certain share of ownership?
- What is the typical management role of an EB-5 investor who invests in a project sponsored by a regional center?
- Investor USCIS Filings
- Job Creation Requirement
- Can an EB-5 investor get a job in an EB-5 regional center?
- Can an investment that does not create jobs qualify for the EB-5 Program?
- Can the jobs created by the tenant of a property purchased using EB-5 funds count toward job creation?
- Could purchasing rental property and employing property managers qualify as an EB-5 investment?
- Does an EB-5 investor already need to have created 10 jobs at the time of the investment?
- Does purchasing commercial property count toward the minimum EB-5 investment amount?
- For investments in troubled businesses, how does USCIS determine whether jobs have actually been preserved?
- How can investors count indirect jobs toward the EB-5 employment requirement?
- How long must job positions exist to be considered “permanent” and count toward EB-5 employment creation?
- How might an EB-5 investor count preserved jobs?
- How might existing jobs from an investor’s U.S. business be counted toward EB-5 job creation?
- If an EB-5 investor exits a direct investment project after I-829 approval, how might this affect the job creation calculation for the project’s other EB-5 investors?
- Under what circumstances can part time jobs be counted toward EB-5 job creation?
- What are the potential consequences if an EB-5 project is unprofitable or experiences losses?
- What does the 40% growth requirement mean when making an EB-5 investment in an existing business?
- When must the required jobs be created for EB-5 purposes?
- Where can the employees of an EB-5 project live and work?
- Which EB-5 investors’ I-829 Petitions will be approved if the project fails to create the necessary number of jobs?
- Personal Investor Requirements
- Can someone with a salary of less than 0,000 apply for the EB-5 Program?
- Can someone with no employment history apply for an EB-5 Visa using gifted funds?
- How is the admissibility of an EB-5 applicant with a health problem determined?
- How might a non-accredited EB-5 investor invest in a project sponsored by a regional center?
- How much of an investor’s wealth must be included in source of funds documentation?
- Is age a factor in EB-5 eligibility?
- What are the age requirements of the EB-5 Program?
- What documents will an EB-5 investor need in order to invest through a regional center?
- What financial requirements does the EB-5 Program have for investors?
- What medical issues will make an EB-5 applicant inadmissible?
- What requirements does the EB-5 Program have regarding a visa applicant’s net worth?
- Residence Requirements & Benefits
- After becoming a permanent resident, how frequently can an EB-5 investor travel abroad?
- At what point in the EB-5 process are EB-5 investors required to be physically present in the U.S.?
- At what point is an EB-5 investor able to permanently reside in the U.S.?
- Can an EB-5 investor stay in the U.S. while the I-526 Petition is pending?
- How can an EB-5 investor gain a homestead tax exemption?
- How might an EB-5 investor move to the U.S. prior to receiving an EB-5 Visa?
- How might an illegal stay in another country affect an EB-5 petition?
- How much of the year must an EB-5 Green Card holder live in the U.S.?
- How much time can a conditional permanent resident remain out of the United States?
- How much time can an EB-5 investor spend abroad while a conditional permanent resident?
- How soon after DS-260 approval must an EB-5 investor move to the U.S.?
- How soon must an EB-5 investor enter the U.S. after gaining his/her Green Card?
- What are the potential consequences if a conditional permanent resident is away from the U.S. for more than six months?
- What happens to a foreign national’s U.S. property when abandoning a Green Card?
- What is the difference between U.S. conditional permanent resident status and permanent resident status without conditions?
- What should an investor do after filing his/her I-526 Petition?
- Where can an EB-5 investor with a conditional Green Card work?
- Selecting EB-5 Professionals
- Do immigration attorneys typically offer EB-5 clients investment advice?
- For a company that wants to receive EB-5 investments, either directly or through a regional center, what are the most important considerations in selecting an EB-5 attorney?
- How can foreign nationals living abroad work with U.S. EB-5 attorneys?
- What professionals do regional centers provide EB-5 investors?
- What professionals should a foreign national consult before pursuing an EB-5 Visa?
- When should a foreign national considering an EB-5 investment hire an immigration attorney?
- Where should an EB-5 investor’s immigration attorney be located?
- Who should a potential EB-5 investor consult before applying?
- Who should prepare an EB-5 investor’s source of funds documentation?
- Source of Funds
- Can venture capital be the source of an EB-5 investment?
- Can a foreign national borrow money from a U.S. bank to fund an EB-5 investment?
- Can a foreign national’s company be the source of EB-5 investment funding?
- Can a loan used to fund an EB-5 investment be repaid early?
- Can a retirement fund be used as a source for an EB-5 investment?
- Can an EB-5 investment be comprised of funds from multiple sources?
- Can an EB-5 investment include funds won gambling or through the lottery?
- Can an EB-5 investor’s current business invest in a new commercial enterprise (NCE) on his/her behalf?
- Can computer screenshots and emails serve as proof of an online transaction for source of funds documentation?
- Can funds for an EB-5 investment begifted from someone outside the U.S. to someone in the U.S.?
- Can gifted funds derived from the sale of real estate be used in an EB-5 investment?
- Can income earned by a foreign national while in the U.S. be used in an EB-5 investment?
- Can lottery winnings be a source of funds for EB-5 investment?
- Can money earned through the sale of bitcoins be used to fund an EB-5 investment?
- Can money gained trading binary options be used for an EB-5 investment?
- Can money gifted to a foreign national from someone living in the U.S. be used in an EB-5 investment?
- Can venture capital raised in the U.S. be used by an EB-5 investor to obtain a Green Card?
- Does the EB-5 definition of capital include non-cash assets?
- How might a Chinese EB-5 investor most efficiently transfer funds to the U.S.?
- How might U.S. real estate owned by a foreign national be used in an EB-5 investment?
- How much source of funds documentation must someone have for an inheritance?
- Should money gifted to an EB-5 investor be transferred directly from the benefactor into escrow?
- What are the restrictions for the place of origin of EB-5 funds?
- What can an EB-5 investor do if unable to provide direct source of funds evidence?
- What information needs to be provided with gifted EB-5 investment funds?
- What is the easiest source of funds to prove?
- What potential problems can arise if someone in the U.S. gifts funds to an EB-5 investor living abroad?
- What source of funds documentation does USCIS require of non-EB-5 investors?
- What source of funds requirements apply to EB-5 administration fees?
- What source of funds requirements exist for U.S. citizens investing in a project alongside EB-5 investors?
- What specific documentation is needed to prove source of funds?
- When must an EB-5 investor transfer funds into the escrow account?
- Who must prove lawful source of funds in the case of a loan or gift?
- Troubleshooting Problems
- Can an I-526 Petition be changed once approved?
- How can an EB-5 investor be certain an EB-5 immigration attorney is not affiliated with a regional center?
- How does failing to appear at a biometrics appointment affect an EB-5 investor’s I-829 Petition?
- How long does it generally take USCIS to forward an EB-5 case to the National Visa Center (NVC)?
- How might a past SEC lawsuit affect an investor’s EB-5 Visa eligibility?
- How might a previous overstay affect an application for an EB-5 Visa?
- How might an EB-5 investor discover why an I-526 Petition is delayed?
- How might filing a Writ of Mandamus affect a pending EB-5 petition?
- How might prior drug charges affect a potential EB-5 investor’s admissibility?
- If an EB-5 project fails, can an investor keep his/her priority date?
- In what ways might a pending I-829 Petition affect an H-1B Visa application?
- What are the consequences to an EB-5 investor if the regional center closes?
- What are the most common reasons an EB-5 petition might be delayed or denied?
- What are the potential consequences of attorney disbarment to a pendingI-526 Petition?
- What can be done if an EB-5 petition is denied?
- What does it mean when an I-526 Petition is pending with the Immigrant Investor Program Office (IPO)?
- What happens if Form I-829 is denied?
- What happens to EB-5 investors if a regional center’s designation is terminated?
- What happens to EB-5 investors if the job creating entity (JCE) goes bankrupt?
- What immigration options exist for EB-5 investors if their I-829 Petition is denied or is not approvable?
- What is a notice of intent to deny (NOID)?
- What is a Writ of Mandamus and when might it be an option in an EB-5 case?
- What is the Immigrant Investor Program Office (IPO) and how is it different from the California Service Center (CSC) ?
- What options does an EB-5 investor have if the project fails at some point in the EB-5 process?
- What should an EB-5 investor do if the I-526 Petition has been pending beyond normal processing times?
- What should an EB-5 investor do if the National Visa Center (NVC) hasn’t received his/her petition from USCIS?
- Will an EB-5 investor be refunded the investment if the I-526 Petition is approved but the EB-5 Visa is denied?
- US Citizenship
- For naturalization purposes, when does an EB-5 investor’s period continuous residence begin?
- What are the continuous residence requirements for naturalization for EB-5 Green Card holders?
- What is the process for becoming a U.S. citizen through the EB-5 Program?
- When is an EB-5 investor able to apply for U.S. citizenship?
- Why does the EB-5 Visa lead to permanent residence while other visas do not?
- US Tax Treatment
- Visa Application / Approval Timing
- Can a foreign national submit an I-526 Petition while abroad?
- Does an EB-5 project have to receive USCIS pre-approval?
- How is the filing date of an I-526 Petition determined?
- How long does it take for an EB-5 petition to be prepared, filed, and adjudicated?
- How long does it take for USCIS to adjudicate an investor’s I-526 Petition after the project receives exemplar status?
- How long does it take USCIS to adjudicate direct investments?
- How long does it take USCIS to pre-approve exemplar projects?
- How much money must an investor have in escrow in order to be considered “in the process of investing”?
- How soon after receiving a loan can the funds be used for an EB-5 investment?
- How soon after receiving a loan can the funds be used for an EB-5 investment?
- How will an EB-5 investor know his/her I-526 Petition was filed?
- On the USCIS processing time website, what does the “Processing Cases as of Date” column indicate?
- What can be done if an EB-5 investor’s nonimmigrant visa is expected to expire before I-526 adjudication?
- What do the terms “processing” and “adjudication” mean in reference to the I-526 Petition?
- What happens once an EB-5 investor files Form I-829?
- What happens to an investment if USCIS denies the EB-5 investor’s I-526 Petition?
- What is the maximum length of time an investor will have to wait for I-526 Petition adjudication?
- What is the normal processing time for I-526 Petitions?
- What is the order in which I-526 Petitions are processed by USCIS?
- What is the typical timeline for EB-5 investors from I-526 Petition to receiving a permanent Green Card?
- What is the typical timeline for EB-5 investors from I-526 Petition to receiving a permanent Green Card?
- When is an EB-5 investor’s priority date determined ?
- Which date is used to determine if an investor can file Form I-485, the “date for filing” or the “final action date”?
- Why might an I-526 Petition be adjudicated later than other petitions from the same project filed at the same time?
- Visa Availability
- Are foreign nationals from certain countries restricted from applying for EB-5 Visas?
- How is EB-5 Visa availability determined?
- Is Hong Kong considered part of Mainland China for EB-5 purposes?
- What is the current minimum EB-5 investment and when will it change?
- What is the success rate for EB-5 investors obtaining visas?
- Visa Comparison / Overlap
- Can a foreign national in the U.S. on a visitor visa apply for EB-5?
- Can a foreign national pursue the EB-5 Program and register for the Diversity Visa Lottery at the same time?
- Can a J-1 or J-2 Visa holder apply for EB-5?
- Can a married couple from two different nations use either nation as their nation of chargeability?
- Can a person file both EB-2 and EB-5 petitions, and if so, which should be filed first?
- Can an EB-5 applicant apply for an F-1 Visa?
- Can an EB-5 investor apply for an E-2 Visa while waiting for I-526 approval?
- Can an EB-5 investor with a pending I-526 Petition enter the U.S. on an I Visa?
- Can an EB-5 investor with an approved I-526 Petition travel on an H-1B Visa?
- Can an L-1 Visa holder remain in the U.S. while applying for EB-5?
- Can Form I-140 be filed for an EB-5 investor with a pending I-526 Petition?
- Can other immigrant visa petitions be paused during EB-5 conditional residence and resumed if the I-829 Petition is denied?
- Can someone in the U.S. on a temporary worker visa sell personal assets and use the proceeds for an EB-5 investment ?
- Can someone in the U.S. on an H-1B Visa apply for an EB-5 Visa?
- Can someone other than the EB-5 investor pay the legal and filing fees for the EB-5 application?
- For H-1B Visa holders, what is the benefit of filing an extension while awaiting Form I-485 approval?
- How might a B-1/B-2 Visa holder operate a business with a pending I-526 Petition?
- How might a denied F-1 Visa application affect a pending I-526 Petition?
- How might a foreign national who is out of status apply for EB-5?
- How might a past L-1 Visa rejection affect an EB-5 application?
- How might a past tourist visa denial affect an EB-5 petition?
- How might a pending EB-5 petition affect an H-1B extension application?
- How might an EB-5 investor apply for a B-1/B-2 Visa with a pending I-526 Petition?
- How might an F-1 Visa holder with a pending I-526 Petition exit and reenter the U.S.?
- How might an I-526 Petition affect a current F-1 student’s application for CPT or OPT?
- How might an L-1 Visa application affect a pending I-526 Petition?
- How might applying for EB-5 affect a pending family petition?
- How might someone in the U.S. on a C-1/D Visa fulfill the requirements of the EB-5 Program?
- How might someone simultaneously apply for H-1B status as self-employed and for an EB-5 Visa based on an investment in the same company?
- Is the L-1 or EB-5 Visa better for me?
- Should a derivative beneficiary in the U.S. on an F-1 Visa file Form I-485 or consular process with the principal applicant?
- Should an EB-5 investor with an approved I-526 Petition maintain a current nonimmigrant visa?
- Should someone in the U.S. seeking asylum apply for EB-5?
- What are the consequences of an H-1B Visa holder filing an I-526 Petition?
- What are the differences between EB-2, EB-3, and EB-5 Visas?
- What are the differences in financial requirements between E-2 and EB-5 Visas?
- What are the primary differences between the L-1, E-2, and EB-5 Visas?
- What are the restrictions and limitations of conditional permanent resident status?
- What is a foreign national’s status while appealing H-1B termination, and how could such circumstances affect an EB-5 petition?
- When is an EB-5 investor able to attend a U.S. college or university?
- Which country should an EB-5 investor with dual citizenship apply from?
- Visa Interviews / Consular Processing
- Is it better to adjust status or consular process?
- What can an investor expect at an I-829 interview?
- What questions can an EB-5 Visa applicant expect during the consulate interview?
- When is a medical examination required in the EB-5 process and who is required to be examined?
- When will USCIS interview an EB-5 investor and his/her family?
- Where are I-485 Applications for EB-5 cases processed?
- Who decides whether or not an EB-5 applicant is in good health?
- Who determines whether or not a change of status (Green Card) interview was successful?
- Change of Status
- Investor Fundraising
- J-1 (Student) Visa
- Jacksonville EB-5 Regional Center
- Jersey City EB-5 Regional Center
- Jupiter, FL – March 10, 2017
- Key Points in the Translation of EB-5 Project Documents
- Lafayette EB-5 Regional Center
- Las Vegas EB-5 Regional Center
- Las Vegas, NV – January 28, 2017
- Learn How Sierra Leonean Students Can Study in the United States with this Free Guidebook
- Los Angeles EB-5 Regional Center
- Malaysian Students Interested in Studying in the U.S. Should Read this Guidebook
- Massachusetts EB-5 Regional Center
- Mayorkas Upholds the Minimum Investment Amount Increase, Ending Any Suggestion That It Might Return to 0,000
- Mesa EB-5 Regional Center
- Miami EB-5 Regional Center
- Miami, FL – December 15, 2017
- Michigan EB-5 Regional Center
- Minor Children as Primary EB-5 Applicants
- Minors as Investors Under the Uniform Transfers to Minors Act
- Mississippi EB-5 Regional Center
- Montana Regional Center
- MS:Bio
- Nevada EB-5 Regional Center
- New Guidebook for Pakistani Students interested in Studying at a U.S. University Produced by EB5AN
- New Mexico EB-5 Regional Center
- New Orleans EB-5 Regional Center
- New York EB-5 Regional Center
- New York, NY – October 6, 2017
- Newark EB-5 Regional Center
- Ohio EB-5 Regional Center
- Oklahoma EB-5 Regional Center
- Orlando EB-5 Regional Center
- Pennsylvania EB-5 Regional Center
- Phoenix EB-5 Regional Center
- Portland EB-5 Regional Center
- Privacy Policy
- Private Placement Memorandum
- Processing Times For EB-5 Visa Program Investors
- Project Developer FAQ Topics
- At Risk Requirement
- Can a real estate development project guarantee an EB-5 investor a home in return for investment?
- How can an EB-5 investor ensure that their investment is considered at risk?
- How long must an EB-5 investor’s funds be considered at risk?
- Must the new commercial enterprise (NCE) be profitable for an EB-5 investor to gain permanent resident status?
- When must a direct EB-5 investor prove that the necessary funds are available to invest?
- Where should EB-5 investment funds be when Form I-526 is filed?
- Direct VS Regional Center Projects
- Are EB-5 investments protected in any way?
- Can an EB-5 direct investment be used to purchase a residence from which the NCE operates?
- What are direct, indirect, and induced jobs?
- What does it mean to maintain a direct EB-5 investment?
- What form is used by EB-5 investors for direct investment projects?
- EB-5 Program Status
- How might a legislative audit of the EB-5 Program affect future EB-5 investments?
- How will congressional changes to the TEA minimum investment amount affect current EB-5 projects and pending I-526 Petitions?
- When does the EB-5 Program next need reauthorization, and what does that mean for investors?
- Will Congress increase the minimum EB-5 investment threshold?
- Equity Vs Debt
- General Questions – Developers
- Can a J-1 or J-2 visa holder become an EB-5 investor to avoid the two-year home-country physical presence requirement?
- Can a new commercial enterprise (NCE) be a charitable organization?
- Does the EB-5 program differ from state to state?
- EB-5 Program Requirements For Project Developers In 2024
- How are EB-5 investments made?
- How can a business qualify for EB-5 funding?
- How might a businessperson add EB-5 funds to a project’s capital stack?
- How might small businesses and startups find direct EB-5 investors?
- How might someone earn money referring clients to EB-5 projects?
- How much of an EB-5 investment can originate from loan proceeds?
- What are the responsibilities of a business owner who partners with EB-5 investors?
- What experience, education, qualifications, or skills must an EB-5 investor possess to fulfill the program’s requirement to actively participate in managing the new commercial enterprise (NCE)?
- What legal responsibility does a U.S. citizen bear toward an EB-5 partner?
- What parts of the EB-5 process tend to be the most challenging for immigration attorneys and other professionals?
- What regulations must potential EB-5 investors follow when looking for EB-5 projects?
- What services do immigration attorneys provide to EB-5 project developers?
- What source-of-funds documentation is required if an EB-5 investment is greater than the minimum investment threshold?
- Will changing an EB-5 business’s location after Form I-526 is filed be considered a material change when Form I-829 is adjudicated?
- Project Job Creation
- Can a direct EB-5 investor count contract employees toward job creation?
- Can EB-5 funds be used for any part of a project, including the purchase of land?
- Can part-time jobs from an existing business be made into full-time jobs to meet the EB-5 job creation requirement?
- How are job creation and allocation determined for mixed-capital projects?
- How are jobs created via EB-5 capital verified by USCIS?
- How can an EB-5 project select employees that will meet the job creation requirement?
- How can employee turnover affect an EB-5 business?
- How does having multiple investors affect an EB-5 project’s job creation calculation?
- How long must the jobs created through an EB-5 investment be maintained?
- How might jobs in two separate locations be counted toward EB-5 job creation?
- What are the EB-5 program’s basic requirements for job creation?
- What factors can disqualify a job from being counted toward EB-5 employment creation?
- What is a “permanent” job for EB-5 purposes?
- What is the greatest risk of making a direct EB-5 investment?
- Project Structure
- Can a direct EB-5 investor partner with non-EB-5 investors?
- Can a foreign national start a business using seed funding, create jobs, and then qualify for an EB-5 visa?
- Can an EB-5 investment be used to start a company and acquire other businesses that will create new jobs?
- Can an EB-5 investor invest in a regional center project that has already started?
- Can an online business qualify as a new commercial enterprise (NCE) under the EB-5 program?
- How can an existing business experiencing losses qualify for the EB-5 program?
- How can an investment in an existing, successful business qualify for the EB-5 program?
- How is an EB-5 project’s limited partnership related to the EB-5 fund?
- How many EB-5 investors can invest in a new commercial enterprise (NCE)?
- Is an approved I-526 petition the same as an exemplar petition?
- What constitutes a material change in an EB-5 project?
- What industry sectors qualify for EB-5 investments?
- What percentage of a new commercial enterprise (NCE) must an EB-5 investor own?
- What steps must a business entity take to start receiving EB-5 funding?
- Project Timing – FAQS
- Return on Investment
- Rural TEA EB-5 Project Advantages for New Investors
- Does United States Citizenship and Immigration Services (USCIS) consider a project to be in a targeted employment area (TEA) if employees often perform work outside the TEA?
- How long is targeted employment area (TEA) designation valid?
- What is a “rural” targeted employment area (TEA)?
- What is the difference between the EB-5 program’s minimum investment thresholds of 0,000 and ,800,000?
- When does a targeted employment area (TEA) project need to meet TEA criteria?
- At Risk Requirement
- Project Documentation
- Properly Structuring EB-5 Loan Agreements
- Proving Lawful Source of Gifted Funds for EB-5
- Proving Lawful Source of Loaned EB-5 Investment Funds
- Proving Lawful Source of Real Estate Proceeds for EB-5
- Proving Lawful Source of Salary Payments for EB-5
- Proving Lawful Source of Stock Proceeds for EB-5
- Proving Source of Funds Derived from a Loan Based on Assets During the EB-5 I-526 Petition Process
- Puerto Rico EB-5 Regional Center
- Raleigh EB-5 Regional Center
- Real Estate Development and the EB-5 Program
- Redeployment Issues with EB-5 Investments
- Redeployment: A Viable Strategy for EB-5 Investors
- Regional Center Des Plaines
- Regional Center FAQ Topics
- Create a Regional Center
- Can a foreign national establish a regional center?
- Can a person establish an EB-5 regional center without hiring an attorney?
- Can an EB-5 investor form a regional center?
- How can a potential EB-5 investor find a project sponsored by a regional center?
- How large an area can a regional center cover?
- How much does it typically cost to become a regional center?
- What are the requirements for a hypothetical project in an I-924 Application?
- What fees can a regional center use to cover operational costs?
- What kinds of organizations can apply for regional center designation?
- General Questions – Regional Centers
- Can a regional center use EB-5 funds that aren’t yet allocated to job creation to trade stocks ?
- Can multiple regional centers exist in the same geographic area?
- Do projects have to affiliate with a regional center in order to receive EB-5 funding?
- Do regional centers operate from a physical location, and if so, what governs where a regional center is located?
- Do regional centers profit from the projects they sponsor?
- Does USCIS approval of a regional center mean a project is a safe investment ?
- How do migration agents fit into the EB-5 process?
- How do regional centers earn revenue?
- How many projects can be offered by an EB-5 regional center at a time?
- How might a regional center use foreign migration agents to source investors?
- How might someone sell a regional center?
- What are the costs associated with applying for EB-5 regional center status?
- What is a government-affiliated EB-5 regional center?
- What is a regional center and what role does it play in the EB-5 process?
- What is the purpose of an EB-5 regional center?
- What steps should a regional center take to enlist qualified brokers?
- Regional Center Responsibilities
- Can EB-5 regional centers accept administrative fees?
- How are indirect and induced jobs documented?
- Is an EB-5 regional center required to own a new commercial enterprise (NCE), or can they be unrelated entities?
- What factors might disqualify a person from becoming an EB-5 regional center principal?
- What fiduciary duties do EB-5 regional centers have?
- Repayment of EB-5 Capital
- Timing of EB-5 Capital
- At what point do EB-5 investors pay regional center administrative fees?
- At what point in a project’s development can EB-5 funds be invested and used?
- Can an entity seeking regional center designation accept investments before I-924 approval?
- When are an EB-5 investor’s funds used by the regional center project?
- Where does transferring funds into escrow fit into the EB-5 process?
- Types of Projects
- Types of USCIS Forms
- USCIS Compliance
- Create a Regional Center
- Regional Center in Ann Arbor
- Regional Center in Astoria
- Regional Center in Bellevue
- Regional Center in Carrollton
- Regional Center in Cupertino
- Regional Center in Edison
- Regional Center in Elmhurst
- Regional Center in Fairfax
- Regional Center in Farmington
- Regional Center in Flushing
- Regional Center in Fremont
- Regional Center in Gaithersburg
- Regional Center in Hayward
- Regional Center in Herndon
- Regional Center in Hicksville
- Regional Center in Hoffman Estates, IL
- Regional Center in Irvine
- Regional Center in Irving
- Regional Center in Iselin
- Regional Center in Jamaica
- Regional Center in McNair
- Regional Center in Milpitas
- Regional Center in Naperville
- Regional Center in New Hyde Park
- Regional Center in Piscataway
- Regional Center in Plano
- Regional Center in Princeton Meadows
- Regional Center in Queens Village
- Regional Center in Redmond
- Regional Center in Richmond Hill
- Regional Center in San Ramon
- Regional Center in Santa Clara
- Regional Center in Schaumburg
- Regional Center in Shreveport
- Regional Center in Skokie
- Regional Center in Sugar Land
- Regional Center in Sunnyvale
- Regional Center in Troy
- Regional Center in Union City
- Regional Center in Woodside
- Regional Center in Yuba City
- Regional Center Strategies for USCIS Site Visits
- Reno EB-5 Regional Center
- Resources
- Responding to a Notice of Intent to Terminate or Notice of Termination of a Regional Center
- Rochester EB-5 Regional Center
- Salem EB-5 Regional Center
- Sample EB-5 Project Developer Term Sheet
- San Antonio EB-5 Regional Center
- San Diego EB5 Regional Center
- San Francisco EB-5 Regional Center
- San Francisco, CA – July 29, 2017
- San Jose EB-5 Regional Center
- Savannah EB-5 Regional Center
- Sayreville EB-5 Regional Center
- Scholarship for Social Entrepreneurs
- Scholarships
- SEC Compliance while Seeking EB-5 Funding
- SEC Investigation Procedures for EB-5 Projects
- Services
- Set Up a New EB-5 Regional Center
- Sitemap
- South Carolina EB-5 Regional Center
- Springfield EB-5 Regional Center
- Steps to Apply for an EB-5 Regional Center
- Strategies Based on RFEs Trends for EB-5 Projects
- Strategies for RCs Facing a Notice of Intent to Terminate
- Summary of New EB-5 Rule Changes
- Targeted Employment Area (TEA) Analysis
- Targeted Employment Area (TEA) Designation
- Tax Planning for EB-5 Investors
- TEA Map Help Video: Learn To Combine Multiple Census Tracts
- Tennessee EB-5 Regional Center
- Terms of Use
- The Basics of Form I-924
- The Effects of FINRA Rule 2040 on the EB-5 Market
- The H-1B vs. the EB-5 Visa
- The Importance of Due Diligence for EB-5 Investors
- The Potential of Private Equity RE Funds for EB-5 Practitioners
- The TEA Designation Process Under the EB-5 Reform and Integrity Act of 2022
- The Ultimate Guide To Form I-485 Applications
- The Ultimate Guide to Studying in the U.S. as a Filipino Student
- Thomas N. Silverman: Bio
- Timothy Shih:Bio
- Topics for EB-5 Investors
- Topics for EB-5 Project Developers
- Trends in EB-5 Escrow Agreements
- Trends in Regional Center Terminations
- Tucson EB-5 Regional Center
- Types of U.S. Nonimmigrant Visas
- U.S. and Chinese Anticorruption Strategies for EB-5 Securities Issuers
- U.S. Immigrant Visas Available to Foreign Nationals
- Understanding Changes to EB-5 Business Plans
- Understanding EB-5 Economic Multipliers
- Understanding EB-5 Source of Funds Requirements
- Understanding Form I-526 Petition Requirements For EB-5
- Understanding Form I-924A
- Understanding Hypothetical, Actual, and Exemplar EB-5 Projects
- Understanding the EB-5 Visa Option and Visa Retrogression for Indian Nationals
- Updated Free National EB-5 TEA Map Now Available with CY 2020 Employment Data
- USCIS Request For Evidence (RFE): What It Means And How To Respond
- Utah Regional Center
- Video Demo – EB-5 Job Calculator
- Virginia Beach EB-5 Regional Center
- Washington EB-5 Regional Center
- Webinar
- What Enterprises Make Good EB-5 Projects?
- What International Students from the United Kingdom Studying in the U.S. Need to Know
- Why Almost All EB-5 Projects Use an EB-5 Regional Center
- Worcester EB-5 Regional Center
- Wyoming Regional Center
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