EB-5 FREQUENTLY ASKED QUESTIONS
What are the benefits of an EB5 Green Card?
Each person desires a permanent residence in the US for a different reason. A Green Card with the EB-5 Investor program provides many benefits that accomplishes these goals:
What is meant by the requirement that the investor's assets must be "lawfully gained"?
Under US Citizenship and Immigration Services (USCIS) regulations, the investor must demonstrate that their assets were gained in a lawful manner. This requires them to prove that their investment funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan or other lawful means. The USCIS is hyper technical on these issues and much documentation is necessary and will most likely be requested.
Can money gifted by a parent or other relative be used for an EB-5 Investment?
Yes, provided that any applicable gift taxes are paid. It must also be demonstrated that the gift is an actual "arms-length transaction" and is not a mere ruse that the gifted funds will be given back after permanent residence status is granted.
What is the difference between "conditional" and "unconditional" Green Cards?
Under regulations, an investor in US projects who is also approved for the EB-5 immigrant Visa can receive a "conditional" EB5 Green Card. It must be reissued after two years, subject to removal of conditions. Otherwise, both conditional and unconditional Green Cards offer the same rights and privileges.
What is a "conditional" Green Card?
A conditional EB5 Green Card is a temporary Green Card valid for two years. One year and nine months (21 months) after it is issued, there is a three-month period during which an individual must file another application with the US Citizenship Immigration Services (USCIS). It must verify that all required funds have been invested and employment was created – ten (10) U.S. full time jobs.
If my I-526 petition is approved by the USCIS, what is the purpose of the Consulate application and interview or adjustment of status, and how soon do I get my EB5 Green Card?
Upon approval of an I-526 Petition, you must wait for notification from the U.S. Consulate in your home country (if you are not in the U.S.) to prepare documents for the Visa interview. At the interview, the consulate officer may address the issues and information printed on the I-526 application, including asking for a summary of the nature of your immigrant investment. If you and your family are in the United States, then you may be able to apply for an Adjustment of Status by filing form I-485 with supporting documents. The application may be filed at the appropriate office of the US Citizenship Immigration Services (USCIS). You should speak with an immigration attorney regarding the benefits of both, as one may be less advisable.
What issues cause the greatest problems when applying for an EB-5 Visa?
The most common problem area has been insufficient documentation for the source of funds. It is better to provide too much information than too little. Your immigration attorney will most likely request more information than you think is necessary.
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