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Why the EB-5 Visa?
The EB-5 visa provides a pathway for foreigners to obtain U.S. permanent residency. A commercial enterprise that creates jobs for U.S. workers, applicants and their direct family members can enjoy the benefits of living, working, and studying in the United States.
Legal Guidance on EB5 Visa Program Participation
Provide general legal guidance regarding participation in the EB-5 program, with the objective of obtaining permanent resident status (“green card”) for you and your eligible family members, in accordance with U.S. immigration laws and regulations
EB-5 Visa Program
Overview
In 1990, the United States Congress created the fifth employment-based (EB-5) immigrant visa category. The EB-5 program’s goal is to create jobs in local economies at no expense to U.S. taxpayers. In exchange for creating 10 jobs, a foreign application, spouse, and unmarried children under the age of 21 are granted permanent green cards.
An immigration consultant assists individuals who want to emigrate from one country to another, in obtaining their immigration visa. They help clients obtain visas, permanent residency, or citizenship and ensure the legal immigration process is respected and that the right documentation is provided to avoid any legal issues.
ABOUT US
AG MANGER LLC
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Help answer questions throughout the EB-5 Program or E-2 Visa process
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Work with immigration attorneys to assist you with your petition
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Keep detailed project and investment documentation, demonstrating that you have fulfilled all the requirements of the applicable immigration program
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Provide regular reports regarding the progress of the project, job creation data and the status of your funds
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Supply documentation required for tax return preparation
EB-5 FAQ
1
How long must I remain in the United States each year?
A good rule of thumb is to try to stay in the U.S. for at least half of each year, or it may be deemed that they have abandoned their permanent residency status. This presence does not need to be continuous as U.S. residents can travel. Extended absences, particularly those over six months, may also disrupt the continuous residency requirement for naturalization.
You should also bear in mind that an EB-5 petition must enter the United States within 180 days after they received their EB-5 visa. The investor must then establish residency in the United States. Evidence of intent to reside includes opening bank accounts, obtaining a driver’s license or social security number, paying state and federal income taxes, and renting or buying a home.
2
What is the Sustainment Period?
On October 11, 2023, the US Citizenship and Immigration Service (USCIS) provided their long-awaited guidance about the EB-5 visa timeframe in EB-5 Reform and Integrity Act of 2022 (RIA) to satisfy the “at risk” requisite of the EB-5 visa. For pre-RIA, the sustainment period is the two years of their Conditional Residence. For post-RIA petitioner is “two years from investing” However, the start of this two-year clock is ambiguous, needs further clarification, and expectations to receive EB-5 amounts back in two years is unrealistic as this depends on the terms of the Partnership Documents and when the Project gets liquidity. Also, their interpretation is non-binding, is not yet in the USCIS Policy Manual and is likely to be challenged in courts.
3
What are “Unreserved” EB-5 Visas?
Along with the creation of the Reserved Visa Categories the EB-5 Reform and Integrity Act of 2022 (RIA) also created the Unreserved Visa Category. It consists of 68% of the annual allotment of EB-5 visas to be issued. This category includes all non-TEA EB-5 petitioner whose minimum required investment is $1.05M USD. It also includes all legacy EB-5 petitioner that contributed before the RIA. Their I-526 Petitions may not get processed as fast as those for rural, priority processing projects whose target average processing time is 4 months.
4
What is visa retrogression?
EB-5 Visa retrogression occurs when there are more people applying for EB-5 Visas from any given country than there are available visas for said country in a given fiscal year. As a result, the U.S. government puts a hold on issuing more visas, causing a backlog or delay for applicants. It essentially means that prospective EB-5 Visa recipients have to wait longer than usual to get their visas, akin to a traffic jam in the immigration process. This is a very similar situation to the EB-2 and EB-3 retrogressions facing Indian born applicants.
As of January 2024, EB-5 investors from China that invested before the EB-5 Reform and Integrity Act of 2022, are facing an 8-year retrogression. Those from India are facing a 3-year retrogression.
Since there is a 7% visa cap per country, China and India became oversubscribed pre-RIA. If it were not for the RIA Reserved Visa categories, new EB-5 petitioner from these two countries would also have to wait several years for a visa. Even though by looking at the Visa Bulletin one will see all EB-5 Reserved Categories as “Current” for India and China, it’s imperitive to speak with your immigration counsel and regional center to hear the latest statistics of petitions filed to estimate which categories will retrogress sooner.
5
What are “Reserved EB-5 Visas” or “Set-Asides”?
The areas where the U.S. Congress wants to direct EB-5 visa are known as Targeted Employment Areas (TEA). Since job creation is needed in these locations. The EB-5 Reform and Integrity Act of 2022 (RIA) established three Reserved Visa Categories and assigned 32% of all EB-5 Visas to them.
The Reserved Visas are also known as “Set-Asides” as 20% of all EB-5 Visas are earmarked for Rural TEA Projects, 10% for High Unemployment TEA projects, and 2% for Infrastructure projects. Also, the RIA mandates that EB-5 Petitions for Rural Projects be given priority processing (goal of 4 months). This is not surprising, as the two US Senators that sponsored the law, Chuck Grassley (Republican, Iowa) and Patrick Leahy (Democrat, Vermont) are from rural states.
This provision is allowing EB-5 visa from oversubscribed countries, namely China and India to be given a Visa number and get Conditional Residence as long as their visa category does not become oversubscribed.
6
What issue typically causes the most problems when applying for an EB-5 visa?
The most common problem area for petitioner has been insufficient documentation of the source and path of funds. Many people try to disclose the least possible information only to have the file returned with a request for further information. It is better to provide too much information rather than too little . In this era of terror alerts and suspicions about money laundering, USCIS adjudicators require a well-documented source and path of funds.
7
What is the difference between a “conditional” and a “permanent” Green Card?
The two Green Cards offer the same rights and privileges. Under USCIS regulations, an petitioner who is approved for an EB-5 visa receives a conditional Green Card that is valid for two years. One year and nine months after the conditional Green Card is issued, a three-month window opens up during which an petitioner’s immigration attorney files another application with the USCIS to verify that all funds have been invested and that job creation requirements have been met. When the conditions are removed from the temporary/conditional Green Card, full resident status is granted and a permanent Green Card is issued to the petitioner. As said, both cards provide identical rights and privileges.
8
Are EB-5 visas available to persons from any country in the world?
Technically, yes, a person from any country in the world is eligible to apply for an EB-5 visa. However, some countries have less than reliable tax and financial documentation methods which will require persons from those countries to actively work with their immigration attorney to provide adequate source of funds authentication to the USCIS.
9
What are the benefits of the Green Card?
The US Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation by attracting investments from qualified foreign petitioner. In return, the EB-5 Program provides a direct path to US Permanent Residency and US Citizenship for qualified foreign petitioner, their spouses, and unmarried children under 21 upon approval of their I-526E Immigrant Investor Petition.
Over the years, the EB-5 Program has become very popular as it is a straightforward path to obtaining permanent U.S. Green Cards. Since 2000, more than 117,000 EB-5 petitioner from across the world have become U.S. residents through the EB-5 program.
10
What is the EB-5 Immigrant Investor Program?
The areas where the U.S. Congress wants to direct EB-5 investment are known as Targeted Employment Areas (TEA). Since job creation is needed in these locations, the TEA minimum investment amount is US $800,000, instead of the US $1,050,000 required for more affluent areas. Although the lower TEA investment benefit has been part of EB-5 since its inception in 1990, the EB-5 Reform and Integrity Act of 2022 (RIA) established three Reserved Visa Categories and assigned 32% of all EB-5 Visas to them.
The Reserved Visas are also known as “Set-Asides” as 20% of all EB-5 Visas are earmarked for Rural TEA Projects, 10% for High Unemployment TEA projects, and 2% for Infrastructure projects. Also, the RIA mandates that EB-5 Petitions for Rural Projects be given priority processing (goal of 4 months). This is not surprising, as the two US Senators that sponsored the law, Chuck Grassley (Republican, Iowa) and Patrick Leahy (Democrat, Vermont) are from rural states.
This provision is allowing EB-5 Investors from oversubscribed countries, namely China and India to be given a Visa number and get Conditional Residence as long as their visa category does not become oversubscribed.
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