Frequently Asked Questions

General Information about the EB-5 visa

• How does the EB-5 visa differ from an E-2 Investor Visa?
• For how long is the green card valid under the EB-5 program?
• How does the EB-5 visa differ from an L-1 visa (manager/executive transfer)?
• How long does the EB-5 application process take?
• How many EB-5 visas may be issued per year?
• If I am already in the US on another visa, is it necessary to return to my home country in order to obtain an EB-5 visa or permanent residence?
• What is the minimum investment required for the EB-5 visa program?
• Will my investment in a Regional Center be returned if my application is denied by the US Citizenship and Immigration Services (USCIS)?
• How does the US investment program differ from the Canadian program?
• How does the US investment program differ from 2nd passport programs?
• When and for whom was the EB-5 visa program created?
• Who immigrates through the EB-5 program?
• Who may obtain an EB-5 visa?

Eligibility Requirements for an EB-5 visa

• May I apply for an EB-5 visa if I have previously been denied a visa to the US?
• Are there any minimum or maximum age limits for investors?
• Is it required that I have a degree of higher education to apply for an EB-5 visa?
• Do I need to speak English in order to qualify for an EB-5 visa?
• Do I need to have earned the money for the investment myself? What are permitted sources of the investment?
• If a member of the investor’s family works for the EB-5 enterprise, will this count for purposes of the job creation requirement?
• Can qualified individuals from any country apply or are there restrictions based on citizenship?
• Is it required to show that I am in good health?
• Must I have previous business experience to qualify for an EB-5 visa?
• What documents are required for the EB-5 process?
• What fees and expenses will I incur aside from the $500,000 or $1,000,000 investment?
• What is the most common reason for rejection of a petition to remove conditions?
• What is the most common reason for rejection of an EB-5 visa application?
• What percentage of petitions are approved?
• What requirements other than funding must I meet in order to obtain an EB-5 visa?
• Where can I find more information about the EB-5 visa program?

Obtaining an EB-5 visa through a USCIS-designated "Regional Center"

• What are the financial risks involved with the Regional Center investment projects?
• How do the Regional Centers work?
• How does one apply for a Regional Center designation?
• How can I get involved with the Regional Center investment program?
• What are Regional Centers?
• What exit strategy is usually offered for my investment?
• When does the Regional Center program expire?
• Where can I find a list of Regional Centers?

Miscellaneous

• After I become a permanent resident, how much time must I spend in the United States?
• Are EB-5 visa applications ever rejected?
• In order to have the condition removed on my green card, is it necessary to spend a minimal amount of time in the US?
• What if the investor dies or divorces during the condition removal period: can the spouse and children still have the conditions removed?
• How is the EB-5 visa beneficial over other types of visas?
• How many EB-5 visas are issued annually?
• Will an investment in the EB-5 project “cure” a problem with unlawful presence?
• What is a reentry permit?
• When and why was the EB-5 immigrant investor program created?
• When selecting an immigration attorney, what criteria should I use?
• Who qualifies for an EB-5 visa?