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What We Do – EB5 Immigration Consulting
EB-5 VISA FREQUENTLY ASKED QUESTIONS
Section 1: General Information
How many immigrant visas are allotted for this classification?
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 (10) full-time jobs for U.S. workers. A minimum of 3,000
immigrant visas are set-aside for aliens who invest in designated regional centers, areas of high
unemployment or other qualifying areas.
What is the history of the EB-5 visa category?
The EB-5 visa category started in 1990 with the Regional Center pilot program being initiated in 1993.
During the mid-1990’s, several companies competed for investment capital from foreign investors for the EB-5
program. Most of the companies did not offer sound investment opportunities, and failed to raise the full one
million dollar investment capital or hire the required number of employees.
The INS at that time hoped to stop program abuse, which led to the filing of several lawsuits. As a result, the EB-5
program was effectively placed on hold between 1998 and 2002. In 2002, Congress passed a new law to protect
the pre-1998 investors. In a case commonly known as “Chang”, the 9th Circuit Court of Appeals ruled that the INS
may not apply their new regulations retroactively. In light of the new changes, in August 2003, the INS began
approving regional center petitions for the first time since 1998.
EB-5 immigration petitions, based on sound investments in designated regional centers for the full one million
dollars as prescribed by the law, with the proper supporting documentation, should be approved.
What are some of the benefits of the EB-5 visa program?
Qualifying investors, their spouse and their minor children (under 21 years old) will be
granted U.S. Lawful Permanent Residency
No minimum requirements as to age, ability to speak English, employment experience, or
education
Investor and family may live/work anywhere in the United States. Minor children may obtain
employment, subject to age, state and governmental laws and regulations.
Educational benefits including admission to universities at the same cost as U.S. residents
The EB-5 program does not require immigrant investors to manage their investment on a
day-to-day basis.
After five years, the investor and their family may obtain U.S. citizenship, subject to meeting
all immigration requirements, as mandated under the law.
Is EB-5 a truly passive investment?
The EB-5 regulations require involvement in management or policy making. The regulations deem a limited
liability corporation (LLC), which is properly structured and conforms to the Limited Liability
Act, as sufficiently engaged in the EB-5 enterprise.
Where can I find a copy of the relevant EB-5 law and regulations to review?
The United States Citizenship and Immigrations Services website provides immigrant investment visa
information at: http://www.uscis.gov/portal/site/uscis.
I want to invest in the USA and get a Green Card. Is the EB-5 visa program suitable for me?
The EB-5 visa permits employment in the U.S. for the investor and their family. The EB-5 visa gives you the
opportunity and flexibility to choose how you want to satisfy the employment requirement. If you do not
want to actively manage your business, you should consider a regional center EB-5 investment.
What if I want to manage my own business?
If you want to manage your own business, consider an L-1 (Non-Immigrant Intra-company Transferee), E-2
Visa (Non-Immigrant Treaty Investor), or EB-5 Alien Entrepreneur Investment by investing $1,000,000.00
into your own business which you control, and create the necessary 10 new jobs within a new enterprise. If
your goal is to have a Green Card and not to actively manage a business, it can be less expensive to utilize a
structured investment program like a Regional Center in the EB-5 category rather than starting and
maintaining your own business.
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