EB-5 Regional Center Immigration FAQ’s

If you have a question we have the answer

Can I apply if I have been rejected by the USCIS for other type visa?
Rejection in the past does not disqualify an applicant for EB-5, unless the reasons are related to immigration fraud or other major problems. It is most important that the investor disclose all criminal, medical, or U.S. immigration history problems to The Atlanta EB-5 Regional Center and the immigration attorney in advance of your petition submission.

If my I-526 petition is approved by the USCIS, what is the purpose of the consulate application and interview?
The purpose of this application process is to ensure that the investor and his or her family undergo medical, police, security, and immigration history checks before the conditional permanent resident visas are issued. At the interview, the consulate officer may address these issues and information printed on the I-526 petition, including asking the investor to summarize the nature of his or her immigrant investment. Your immigration attorney will help prepare you for the consulate interview.

How long is the processing time for the I-526 petition and the conditional green card?
The length of processing time from submitting the I-526 petition to granting of the conditional green card is approximately 16 to 20 months depending on the individual. However, processing times often vary and can be longer or shorter. It is a two-step approval process. First, acting as a visa clearing house, the USCIS reviews and approves the investor’s EB-5 application. After the I-526 petition is approved, it is forwarded to the overseas U.S. consulate, where the investor needs to file a consulate application and then follow up with an interview before the immigrant visa is granted.

If the EB-5 investor is already in the U.S., an adjustment of status will be filed with the USCIS instead.

Once I receive my conditional green card, when do I apply for my permanent green card?
The conditional green card will expire two years from the date issued. Investors may submit their I-829 petition as early as three months prior to the expiration date. We will supply all supporting evidence regarding the limited partnership, capital investment, and indirect employment. Once the I-829 petition is filed with the USCIS, your conditional permanent residency is extended for one more year while you wait for your official approval from USCIS.

What type information and documents are required for EB-5 petition?
As an EB-5 investor, you must prepare complete biographical information for each applicant, and the principal applicant must provide proof of the source of the investment funds. To prove the source of investment funds, USCIS requires five years of tax returns, five years of bank records, proof of ownership of any businesses, financial statements for each business and business licenses. The goal is to present a track record of an honest course of dealing. If your capital came from a specific transaction, such as sale of a house, inheritance, or gift, you must prove that the transaction occurred by providing an official document, such as a closing statement, contract, or other official documents. This is not an exhaustive list. Other documents may be required and vary on a case-by-case basis.

Your immigration attorney will guide you through the entire process.

What is the difference between “conditional” and “unconditional” green cards?
Under the USCIS regulations, an EB-5 investor who is approved for the EB-5 immigrant visa first receives a “conditional” green card, which is valid for two year period. If all investment and residency requirements are met, then USCIS will grant the “unconditional” or permanent green card, which has no expiration date.

Must I stay in the U.S. at all times?
No, but generally, green card holders need to live in the U.S. for more than six months out of a year. If he or she wishes to remain outside the U.S. for more than six months during a year, then he or she should obtain a reentry permit (USCIS form I-131), or potentially be deemed to have abandoned their green card.

Upon obtaining your EB-5 visa and entering the U.S. for the first time, an investor should first establish residency in the U.S. through such action as opening a bank account, renting/buying a home, getting a driver’s license/ID, obtaining a social security number, and paying state and federal taxes.

How are the 10 required jobs created?
First of all, the reason a lowered EB-5 investment amount of $500,000 is allowed by the USCIS as opposed to $1,000,000 is that the project has to be located in a Target Employment Area (TEA) – either a rural area or an area that experiences a high unemployment rate (150% of the national unemployment-average).

Airiel view on the Hartsfield Jackson Atlanta International Airport
Hartsfield Jackson Atlanta International Airport

However, by investing in a regional center program, investors do not have to create 10 jobs directly (i.e., to hire 10 full-time US workers), because jobs can be created either directly and/or indirectly. Indirect jobs refer to jobs induced by our tenant’s businesses and construction expenditures and are calculated using statistically valid forecasting models. The Atlanta EB-5 Regional Center employs economists to calculate direct and indirect job creation for each of our development projects. We make sure each project well exceeds the 10 job requirements and executes our plans in delivering U.S. jobs. Acting as your general partner, The Atlanta EB-5 Regional Center manages the job creation requirement, so you don’t have to.

Our track record over the years in managing direct and indirect job creations best ensures your final I-829 approval by the USCIS.

What are the real benefits of a U.S. green card?
Work – you are allowed to work for any company in the U.S. In some states you can only obtain professional licenses (engineering, real estate agents, etc.) if you have a U.S. green card or are a U.S. citizen.

Business – you can start your own business anywhere in the U.S.

Travel – you can travel anywhere within the U.S. and leave and enter the country without being denied at the port of entry.

Legal rights – all of your legal rights are protected under U.S. law, except the right to vote, which is available after you become a U.S. citizen.

Family members – you can sponsor a spouse and unmarried children (under age 21) through the same green card petition. Even in the unfortunate event that a primary green card holder passes away, the family green card will not be affected.

Education– EB-5 visa green card holders enjoy in-state or resident tuition at all public universities and colleges. Typically, this rate is two to four times less expensive than the rate foreign students have to pay.

Home – In most cases, it may be much easier to be approved for a home mortgage and/or to obtain lower interest rates.

Retirement – EB-5 visa green card holders enjoy the same Social Security benefits as a U.S. citizen if he or she worked for ten years in the U.S.

Citizenship – EB-5 visa green card holders are automatically eligible to apply for U.S. citizenship and have a U.S. passport in five years or keep your permanent green card forever if you choose not to become a U.S. citizen.

Who should consider an EB-5 visa?
EB-5 investors include people from all walks of life–professionals, business people, persons wanting to facilitate a child’s education, retirees, or those simply seeking a better life in the U.S. Once a green card is obtained, many investors may continue to work or operate businesses in their home countries. Others may choose to work in the U.S. or become involved in a business in the U.S. Simply put, the EB-5 visa gives you the flexibility to live anywhere and do what you want in the U.S. Below is a quick summary of various visa options:

  • If you do not wish to actively manage the day-to-day operation of your investment, then you should consider EB-5.
  • If you have a U.S. citizen parent or citizen child over 21 years of age, you should consider the family class visa categories.
  • If you have exceptional skills or are famous you may qualify for a green card based on your skills or fame.
  • If you want to actively manage your own business, consider the L-1, E-2, and international manager visa categories.

Must I speak or read English?
No, you do not need to be proficient in English to apply for an EB-5 visa or to contact us about an EB-5 investment. When you call us, if we don’t speak your language, we will provide a certified over-the-phone interpreter to translate our live phone conversation. We support over 150 languages and there is no cost to our clients for this service.

Please understand that investors must sign the English version of all agreements, government forms, and applications.

How many visas are allocated each year for the EB-5 category?
The EB-5 investment program allocates 10,000 visas per year for aliens and family members whose qualifying investments result in the creation or preservation of at least ten (10) full-time jobs for U.S. workers. There can be no fewer than 3,000 reserved for investors in a targeted rural or high-unemployment area, and 3,000 more are set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

Any and all information provided above, are for information purpose only. We recommend that you seek qualified professionals for legal advice and representation.