Frequently Asked Questions
Q: How many EB-5 investors visa are allocated every year by the US government?
A: There are 10, 000 visa for the use of the EB-5 investors each fiscal year.
Q: Does the US Government decide in what type of business money should be invested?
A: No, the invested capital can be placed with any type of business. The rules require the capital be invested in “a new commercial enterprise” in the US. A “new” enterprise is a company created after November 29, 1990. A “commercial” enterprise is distinguished from a passive enterprise. Thus, the investor cannot purchase a residence for his own use, but may purchase a real estate company or development that creates 10 full –time jobs.
Q: Is it mandatory to create 10 full-time jobs in all EB-5 investments?
A: All individual EB-5 investments are required to create 10 full-time jobs by the end of the two year conditional period with the exception of the pre-approved Regional Centers. In the case of an investment with a Regional Center the investor uses their indirect job creation formula.
Q: What is the minimum amount of investment required?
A: Investments in “targeted employment areas” and Regional Centers are a minimum of $500,000. If the investment is done in an urban area with less unemployment the minimum amount of investment is $1 million.
Q: Does the entire investment supposed to be in cash?
A: Not the entire amount of the investment has to be in cash. Other assets may be transferred to the US commercial enterprise and evaluated at the fair market value. However, the investment should not be done just by promissory notes. The rules require the investment to be at risk, so if the capital or transferred assets are not committed to the development of the US commercial enterprise, USCIS will deny the petition.
Q: What if two or more investors pull their resources and invest in the same business,
can all of them qualify for the green card?
A: There is no limit placed on the number of investors who may invest in the same commercial enterprise. However, the number of job created by the investment has to be 10 times the number of investors who may apply for green card. For example, if three investors supply $3,000,000 as investment in the same company, in order for all three of them to obtain the green card is the creation of 30 full-time jobs in the respective company.
Q: Is an EB-5 investor required to live in the US?
A: An EB-5 investor is allowed to travel in and out of US, but he has to maintain a residence in the US and has to make his own income tax planning.