EB-5 PROGRAM AND SIX MOST POPULAR QUESTIONS

The EB-5 (or Employment Base Fifth) US immigration program is the 5th job creation priority immigrant investor program under the US Immigration Act promulgated in 1990. The EB-5 program aims to promote economic activity and create jobs in the United States. From the investment, the EB-5 program allows the qualified investor to obtain Lawful Permanent Residence (Green Card) for themselves and for the whole family. Here are six common questions that EB-5 investors often ask.

1. HOW DO I QUALIFY FOR AN EB-5 PROGRAM?

The EB-5 program requires a capital investment in an American new commercial enterprise (NCE). The minimum investment depends on where the applicant’s chosen NCE is located. Projects in a targeted employment area (TEA) will only require $900,000, while projects outside of a TEA will require an investment of $1,800,000. 

The majority of EB-5 investors choose to invest in an NCE organized by a regional center. Regional centers typically offer investment opportunities in a TEA, and work with EB-5 investors to ensure their application is approved. 

Although the capital required for an EB-5 visa is certainly an insignificant amount. It’s important to remember that the investment will yield permanent residence in the US for you and your family (spouse and children under the age of 21).

2. CAN I USE A LOAN TO INVEST IN AN EB-5 PROGRAM?

There are a variety of acceptable sources of funds for EB-5 investments, including a loan from a financial institution or individual. In order to comply with USCIS guidelines loans used for EB-5 investments should be secured by the investor’s assets. 

In the case that you use a loan from an individual to fund your EB-5 investment. You’ll also likely need to provide USCIS with documentation proving the funds comprising the loan were of legal origin.

3. WILL I MAKE RETURNS ON MY INVESTMENT?

EB-5 investors’ capital is required to be maintained at-risk during the two-year conditional permanent residency period, but it is likely to be tied up for longer than that. The amount of interest earned on your investment depends on the regional center you choose to invest in. Depending on the conditions of your investment with a regional center, your capital can be returned to you partially or in full — like any investment. 

4. HOW CAN I MAKE A SAFE EB-5 INVESTMENT?

While no EB-5 investment can be 100% safe, by doing the right due diligence and consulting with a team of experienced attorneys, investors can minimize the risk.

Additionally, choosing to invest in a trusted regional center is one of the ways investors can help reduce the risk of their investment. Trusted regional centers are established with experience in securing EB-5 visa approvals. And many can boast that 90% of their investors joining the EB-5 visa successfully

5. AM I ELIGIBLE IF I AM ON AN H-1B VISA?

H-1B visa holders are eligible to apply for an EB-5 visa without affecting their status. 

The EB-5 visa offers several benefits over the H-1B. Such as green cards for your family and freedom to live and work anywhere in the US. H-1B holders approved for an EB-5 visa can submit form I-485 to adjust your status and become a conditional permanent resident. 

6. HOW DO I GET STARTED?

Potential EB-5 investors should always consult with an experienced immigration attorney before beginning the application process. 

While on the surface, the EB-5 program’s requirements are very simple. It’s best to have an attorney to guide you through the process and prevent any mistakes that could result in your application being denied. Their skills and experience will ensure you’re able to obtain an EB-5 visa and start enjoying permanent residency in America. 

For more information on Portuguese immigration or other investment immigration opportunities, please contact Portico & Bridge for detailed support. Our team of more than 50 professionals worldwide is happy to assist you. Call us now at 0909.898.758

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