What is EB-5?
“EB-5” stands for the fifth section of the “Employment Based” U.S. immigration program enacted by the United States Congress. It allows individuals (as well as their spouse and children under 21 years old) to apply for a permanent U.S. Green Card with an investment towards a business that will create a minimum of 10 jobs per investor.
What is USCIS?
USCIS stands for the United States Citizenship and Immigration Services. This is the relevant agency of the United States Federal Government that oversees the EB-5 program and green card issuance. More information can be found on their website: www.uscis.gov
Am I eligible for a Green Card with the EB-5 program?
The only requirement for the investor is that he/she has the required net worth and capital. You must also be in good health and be able to show that your investment capital has been legally gained.
Is my family also eligible for a Green Card with the EB-5 program?
Your spouse and any of your unmarried children under the age of 21 are eligible. Adopted children under the age of 16 are also eligible.
How long will it take to receive my Green Card?
You will receive you conditional Green Card 6-12 months after your I-526 application. You can apply for your conditional Green Card to be made permanent two years later.
What qualifies money as being “legally gained”?
This means money that is obtained through lawful means such as lawful business, salary, investments, property sales, inheritance, gift, or a loan.
Do I have to live in the U.S.?
You have to establish that the U.S. is your permanent residence. This means you should own or lease a home, maintain a bank account, pay taxes etc. To maintain that the U.S. is your permanent country of residency it is wise to live in the U.S. more than 6 months each year.
What benefits will I enjoy as a permanent Green Card holder?
• The U.S. provides security for your family as well as your investments.
• You and your family may work, live, or own your own business anywhere in the U.S. as well as travel in and out of the U.S. without a visa.
• The U.S. is home to world renowned universities as well as public schools; your children may benefit from lowered tuition and free schooling.
• Permanent Residents are also entitled to a variety of social welfare programs including social security.
• As permanent residents you are eligible to apply for citizenship after 5 years of residency.
What is the difference between permanent residency and citizenship?
As a permanent resident you are not entitled to vote. However you may apply for citizenship after 5 years of residency.
What is a Regional Center?
A Regional Center is an area designated for economic stimulus which is approved by USCIS. An investment through a regional center into a structured project in a “Targeted Employment Area” allows investors to benefit from an investment of $500,000 rather than US $1,000.000 as was originally outlined in the EB-5 regulations. Investors can also be ‘passive’ not partaking in the management of the project and benefit from an expedited application process. 3,000 Green Cards are set aside each year specifically for foreign investors who invest in designated “Regional Centers.”
How can I be sure I will receive my green card?
Central to your successful receipt of a Green Card is the use of your US $500,000 investment to create 10 full-time (35 hrs/week) jobs for U.S. workers. Lion’s helps you select sound investments slated to generate significant job creation with the expertise and experience to responsibly report jobs to USCIS.
Can my Green Card be taken away from me?
Your Green Card can be taken away if one of two situations occurs: 1) you are convicted of a serious crime 2) you abandon the U.S. as your permanent residency. Essentially this means if you plan to leave the U.S. for more than 6 months at a time you should notify USCIS of your plans in advance.
How can I be sure I will have my investment returned to me?
U.S. law does not permit guarantees to be made to you that you will have your investment sum returned; the law stipulates that the investment sum must be “at risk.” It is the role of Lion’s to help you find projects with very minimal risk, so that you can have as close to a guarantee as possible without violating the law.
What is the most common reason for an EB-5 application to be delayed or denied?
The most common reason is that the investor applicant has not provided enough information to show that the investment sum has been legally gained. Lion’s will connect you with certified accountants with expertise in preparing documentation for EB-5 applications.
How many immigrants does the U.S. accept each year? How many are from China?
The US issued over one million Green Cards in total in 2008, in which over 80,000 Chinese individuals were granted Green Cards.