Answers to the most common EB-5 questions, plus a few on removal proceedings and immigration court. Every situation is different; for advice on yours, schedule a consultation.
The EB-5 visa provides legal permanent residence (Green Card) for foreign investors who make the required investment of $800,000 or $1,050,000 in a U.S. commercial enterprise that creates at least 10 full-time jobs for U.S. workers.
The minimum is currently $800,000 USD for investments in projects in a Targeted Employment Area (TEA) or infrastructure project, and $1,050,000 for all other areas. TEA projects include High Unemployment Areas (unemployment rate at 150% or more of the national average) and Rural Areas (population of less than 20,000).
Anyone with the required capital that can prove their Source of Funds was obtained through lawful means.
The EB-5 visa can include the primary investor, their spouse, and their unmarried children under the age of 21. There are exceptions where a child's age can be locked in at the time of filing for USCIS purposes.
Each EB-5 project has its unique pros and cons, but generally Rural EB-5 applications have a higher reserved category and quicker processing time with USCIS, while HUA EB-5 projects are often located in areas with more documented history of investment projects.
Yes, so long as the history of the funds showing they were obtained lawfully is properly documented and the relationship between the gift giver and investor is adequately explained. Please contact us for a more detailed analysis on Source of Funds to see if you qualify.
A Regional Center is a USCIS-approved entity that manages the pool of EB-5 investor funds with a project to comply with USCIS standards.
It's important to assess the expected length of the project timeline, the number of jobs expected to be created, and the Regional Center's track record with prior projects, along with other considerations.
Processing times can vary based on the investor's country of origin and visa-bulletin status.
Yes, this is a common practice.
This will vary based on the individual project you choose to invest in, and the timing of the denial relative to the project timeline.
Prior results do not guarantee a similar outcome.
A Notice to Appear (NTA) is the charging document the government files to begin removal proceedings. It identifies the individual, states the factual allegations, and lists the grounds of removability. The case formally begins once the NTA is filed with the immigration court.
A master calendar hearing is a short, preliminary hearing before the immigration judge. The judge confirms basic information, the respondent or their attorney responds to the allegations, and the case is scheduled for further hearings. It is a procedural step rather than the hearing where the case is decided.
An individual hearing, sometimes called a merits hearing, is the longer hearing where the substantive case is presented through testimony, evidence, and legal argument. This is where the immigration judge considers the application for relief and ultimately decides the case.
If a Form I-829 petition to remove conditions is not approved by USCIS, the case can be placed before an immigration judge, where the investor may renew the petition. The hearing centers on whether the EB-5 requirements were satisfied, meaning the investment was sustained and the required jobs were created. Thorough documentation of the investment and job creation is essential to that review.
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