EB-5 FAQs

The EB-5 program allots 10,000 visas per year for aliens and family members whose qualifying investments result in the creation or preservation of at least ten full-time jobs for U.S. workers. Three thousand of these visas are set aside for aliens who invest through EB-5 Regional Centers. The investment amount is $1 million, or $500,000 if investing in a high-unemployment area.

A Regional Center is an enterprise or agency with a targeted investment program within a defined geographic region, and approved by USCIS to accept EB-5 investments.

In traditional EB-5, the EB-5 immigrant invests in creating a new enterprise, manages the enterprise, and directly hires 10 US workers. In Regional Center EB-5, the EB-5 immigrant invests in a Regional Center project pre-approved by United States Citizenship & Immigration Services, is not directly involved in management, and receives credit for both direct and indirect jobs created by the project.

After investing $500,000 or $1,000,000 in an approved project, the investor and his or her spouse and children under 21 are all eligible to receive EB-5 green cards, which are conditional for two years. After two years, if the approved project has been completed and is creating jobs, the investor and family are all eligible to receive permanent U.S. residency.

1. No requirements as to the investor’s education, language skills, age, or business experience
2. Investor’s family including spouse and minor children all receive green cards
3. Investor may choose to reside anywhere in the USA, and is not required to settle near the investment site
4. No strict residence requirements, investor may travel outside of the USA
5. Investor enjoys the same benefits as other USA residents, including education benefits
6. Five years after receiving conditional green card, investor may apply for citizenship

The investor is not required to have any prior business experience. Likewise, the investor is not required to demonstrate any minimum level of education. The only requirement for the investor is that he or she has the required net worth and capital.

Rejection in the past does not disqualify the applicant, unless the reasons are related to immigration fraud or other major problems. It is most important that all criminal, medical, or U.S. immigration history problems be disclosed to the Fund and legal counsel in advance of your petition.

Yes. You must submit to and pass a health screening as part of the Consular review process before a conditional EB-5 Visa is granted.

Under USCIS regulations, the investor must demonstrate that his assets were gained in a lawful manner. This requires the investor to prove his investment funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan, or other lawful means.

Yes, however a bona fide gift from a family member should be properly documented and any applicable taxes must be paid.

The most common problem area has been insufficient documentation of the source 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 information. In this era of terror alerts, and suspicions about money laundering, USCIS case examiners require a well-documented source of funds.

Yes. You will need a qualified immigration attorney familiar with the USCIS EB-5 visa petition process to represent you. While CCC will provide you with supporting documentation for your EB-5 petition related to the regional center and your investment in the Fund, it cannot provide legal advice. The EB-5 visa petition process is the responsibility of you and your immigration attorney. You are responsible for all legal fees and costs associated with preparing and processing your EB-5 visa petition.