FAQs on the EB-5 Immigrant Investor Program


1. What is the minimum amount of capital to be invested?

For investment in “Targeted Employment Areas” (TEA) the minimum amount of capital to be invested is $ 500,000 (approx. INR 3.4 cr) and in areas other than TEAs the minimum amount of capital to be invested is $1,000,000 (approx. INR 6.4 cr).

 

2. What is a Targeted Employment Area?

A Targeted Employment Area (TEA) is either a rural area or an area that has an unemployment rate of 150% of the national unemployment rate.

 

3. What is a Regional Center?

Regional Center (RC) is a private enterprise or corporation with a targeted investment program within a defined geographic region. The USCIS (The United States Citizenship and Immigration Services) has approved many RCs.

 

4. What are benefits of EB -5 immigration investor program?

  • Fastest way for independent acquisition of a U.S. green card and (Subsequently after 5 years) U.S. citizenship
  • No quota backlogs like those found in employment and sponsorship visa programs
  • No day-to-day business management, unless desired
  • No limitation to investor’s education, language, age or business background
  • Free to work and live anywhere in the U.S.
  • Become a Permanent U.S. resident after 2 years from the initial green card
  • Investor can travel to 150+ countries visa-free after acquiring US citizenship

5. Are my family members eligible to qualify for a green card?

Yes, an investor along with a spouse and unmarried children under 21 are eligible to qualify for a green card.

 

6. What is I-526 petition?

The I-526 petition is the initial visa application as part of the EB-5 Immigrant Investor Program. LawQuest attorneys will help the prospective investors to file I-526  petition with the USCIS.

 

7. What is I-829 petition?

The I-829 petition is the final step in the EB-5 Immigrant Investor Program. LawQuest attorneys will help the investors to file this petition with the USCIS, and provide evidence that the investor has successfully fulfilled all of the requirements, and the investor funds resulted in the creation of at least 10 jobs. Upon approval of the petition, investors and their family members receive permanent green cards.

 

8. Is there a yearly numerical cap limit?

Yes, the current law limits to 10,000 visas each year worldwide.

 

9. On the conditional green card will I be subject to U.S. tax law?

Yes, like the U.S. citizen, even a green card holder will be subject to federal taxation on global income as of the date you become a resident. 

 

10. Where do I get the full information on the EB-5 law and regulations?

Please visit the U.S. Citizenship and Immigration Services website: http://www.uscis.gov

 

Sukanya Raman, Immigration Executive

 

Keywords: EB-5, Regional Center, Investor program, U.S. Citizenship, Green Card



Disclaimer

As per the rules of the Bar Council of India, Advocates are not permitted to advertise or solicit work in any form or manner.
This website www.lawquestinternational.com is designed only for the purpose of dissemination of basic information.
The content/material contained herein should not be construed as legal reference or legal advice. LawQuest shall not be liable for consequences of any action taken by relying on the content/material provided on this website. Readers are advised to seek the advice of a competent counsel licensed in the relevant country for further information.