The EB-5 Visa Program for the United States is one of the most sought-after investor programs in the world.

CURRENT INVESTMENT AMOUNT: $800,000 USD

When submitting an EB5 application the two most important factors are regional center project selection and source of funds.

For this work, it is critical to engage a qualified and independent US Immigration Attorney that has significant EB5 experience. We consult with premier EB-5 lawyers to ensure that our clients are in the best hands.

 Most regional center projects are in the real-estate sector. These can be commercial, residential, mixed-use developments that range from $50 million - $700+ million USD. A regional center may have multiple projects and offerings.

            EXAMPLE 1: Regional Center A (Project ABC)

o   Total Investment:        $100 million USD

o   Location:                     Florida

o   Type:                           Seaside Hotel Development

o   # of EB5 Investors:     50

From the examples above, it is clear that each project has a limited number of spots for EB5 investors. Therefore, in selecting a project, you become a near-passive investor in a pool of other EB5 investors. When evaluating regional center projects, it is always advisable to seek a qualified US immigration lawyer that can provide due-diligence as part of the overall EB5 services.

Key Considerations & Questions for the EB-5 Visa Program

Can I include my parents on an EB5 application?

 No. Even if your parents are financially dependent on you, parents will need a separate EB5 application and cannot be included on the main investor application.

My eldest child is 21, is he eligible as my dependent on the I-526?

No. Dependents on an I-526 application include children who under 21 years-old at the time of filing.

It is also critical to consider the timing of your filing depending on your child’s age. EB-5 processing times, and the effects of EB-5 retrogression (i.e. further delays to receive a visa) for certain countries such as China, India and Vietnam, further complicate matters and the child may risk “aging-out” by the time a visa is available.

How long does the EB5 visa process take?

Historically, it takes roughly 9-12 months to receive a conditional green card. Processing times, however, vary depending on the US Visa Bulletin that is published by the Department of State on a monthly basis.

This also does not include additional effects of retrogression and delays that apply to countries such as China, India and Vietnam.

The second step in the EB-5 process is the “removal of conditions” on your Green Card (I-829). The processing times also change according to the published US Visa Bulletin and may take roughly 12-14 months.

 What is “retrogression” and does it impact my EB5 application?

According to current regulations, there are 700 EB-5 visas available per country/year. When a country exceeds the limit of allotted EB-5 visas, the subsequent applications are retrogressed until additional visas become available.

While there have been recent regulatory changes to the EB-5 framework, and discussions about amending the allotted visas/country/year formula, there are still three countries that are facing the issue of retrogression: China, India and Vietnam.

Can I file another visa for the United States while my EB5 visa is pending?

Yes. In fact, we help build an immigration solution with our expert US immigration lawyers to deal with the practical implications of long EB-5 processing times and further delays. For example, it may take 8-10 years for a Chinese national to obtain a visa for the United States – therefore, we explore other near-term options that would permit an individual and their family to effectively migrate to the United States for purposes of living and working.

The most common applications that may coincide with a pending EB-5 application include an E2 Treaty Investor Visa and L1 Managerial/Executive Intracompany Transfer non-immigrant visa.

What services do you provide for the EB5 visa application?

There are two core-services for any EB5 application: (a) Source of Funds; and (b) Regional Center Selection.

We have aligned ourselves with leading EB5 professionals to support both of these principal services. Some of the initial conversations will be to evaluate your eligibility based on the source of your investment. Having represented investors in preparing complicated source of funds documentation all over the worlds, including India, Nigeria, South Africa and other regions of Western Africa, we are very familiar with providing tailored EB5 solutions for our clients.

In parallel we begin to introduce our investors to various regional center projects. Having decades of EB5 experience, we work closely with qualified US immigration attorneys to ensure that investor interests are securely represented.

Is the EB5 visa right for me?

If you have the financial ability and are committed to becoming a Permanent Resident in the United States and be on a path towards becoming a US Citizen, the EB5 visa the most reliable and direct path.

While other immigrant-based solutions may be considered, the EB-5 Green Card through Investment provides a clear path with minimal risk. Oftentimes, the EB-5 visa application is a major part of family-planning and larger migration goals for an individual or family. And while this is a pathway that has less risk, there are no guarantees. The most important aspects of filing an EB5 visa are the regional center due-diligence (i.e. project selection) and source of funds. This work is and should be carried out by independent, qualified EB-5 US immigration lawyers.

We are glad to learn more about your immigration goals. Please contact us today for a free consultation.