USA Education Fund FAQ
1. What are the four steps involved in getting permanent U.S. residence through the EB-5 process, and how do I file for removal of conditions?
The EB-5 process involves selecting an appropriate project, filing an investor petition (Form I-526), receiving conditional permanent residency, and filing for removal of conditions (Form I-829). To enter the U.S., you’ll need to file form DS-260 or form I-485.
2. How much does it cost to invest in a Targeted Employment Area (TEA)?
Investing in a TEA costs $800,000, plus an administration fee of $80,000, lawyer fees of $15,000 to $25,000, and a USCIS filing fee of $3,675.
3. How long does it take to get a Green Card through the EB-5 program?
The wait time for an EB-5 Green Card depends on how long it takes to process your I-526 petition and whether there is an immediately available visa. Processing times can range from several months to several years.
4. What is an expedited project, and how does it affect processing times for investors?
An expedited project is one that is considered to serve a compelling government or public interest, which can result in shorter processing times for both the project and the investor.
5. If I invest in an expedited project, how long will my application take to process?
Investors in expedited projects typically receive approval within 12-18 months, but it’s important to remember that expedited processing does not guarantee a lower level of risk.
6. What kind of return can I expect on my investment in the EB-5 program?
Investments on the eb5Marketplace investment platform vary in terms of potential return, and some may offer a higher return than others. It’s important to carefully examine your options and consult with a registered broker representative. Typically higher the risk higher the return.
7.Why do regional center EB-5 investments typically offer a lower ROI than other investments?
EB-5 investments can be more expensive to structure, and the timing of funds becoming available to the project can be uncertain. To offset these factors and make EB-5 capital attractive, strong projects will require significant savings on the cost of EB-5 capital, which is reflected in the return offered to investors.
8.How are EB-5 investments structured, and how are investors typically repaid?
EB-5 investments must be equity investments, and the EB-5 fund that collects investor capital typically makes a loan to a job-creating entity. Investors are typically repaid upon the redemption of the loan by the EB-5 fund.
9.Are most EB-5 investments $800,000?
Yes, most EB-5 investments are $800,000 investments. To qualify for this investment amount, the project must be located in a Target Employment Area (TEA) or be an infrastructure project.
10.Can a loan be used to make an EB-5 investment, and are unsecured loans allowed?
Yes, the proceeds of a loan can be used to make an EB-5 investment, but the loan cannot be secured by the project being invested in. In 2020, the D.C. Circuit court ruled that EB-5 investors can use the proceeds of unsecured loans for their investment capital.
11. Can I use a gift to finance my EB-5 investment, and what are the requirements for documenting the gift?
12. Is it possible to include my parents on my petition for immigration?
13. Can I apply for the EB-5 visa while I am on an H-1B visa?
Yes, it is possible to apply for the EB-5 visa while on an H-1B visa. The EB-5 Reform and Integrity Act of 2022 now allows investors with an H-1B visa to concurrently file their I-526 petition and I-485 for adjustment of status. This removes the restrictions of H-1B, E-2, and F-1 visas and enables EB-5 investors to live, work, and study anywhere in the U.S.
14. How does the EB-5 visa compare to other visas?
The EB-5 visa is a permanent visa that allows you to live and work anywhere in the U.S. and its territories, with no language requirements. Additionally, it allows children to attend university at in-state tuition rates, and it is relatively straightforward. After five years, you can also apply for U.S. citizenship.
15. Can I invest funds that originated in cryptocurrency in the EB-5 program?
Yes, you can invest funds that originated in cryptocurrency, but you must provide clear evidence that the digital assets are of legal origin and that you were the owner. Proving the legality of these funds can be challenging, so it is recommended that you work with an attorney who understands cryptocurrency and how USCIS perceives it.
16. Can I create a new business and immigrate on an E-2 visa, then switch to EB-5 later?
Yes, this is possible by creating a job-creating business with an investment of around $200,000 and then increasing the investment to $800,000, provided that 10 jobs are created. Business brokers and immigration lawyers can help with this process.
17. Will I receive a refund of my investment in the EB-5 program?
All EB-5 investments must be “at risk,” but the risk of getting your capital returned in a timely manner is manageable. Conducting thorough investment due diligence is essential.
18. If my EB-5 petition is denied, will I get my money back, or will I have to keep my investment?
Each investment has a different treatment of returning investment capital, so it depends. However, regional center offerings are structured in a way that provides comfort to investors that they will be repaid if their EB-5 petition is denied.
19. How much time can I spend outside the U.S. after moving there?
You can travel outside the U.S. for up to six months with some flexibility, but if you intend to be outside the U.S. for a year or more, you will need a Re-entry Permit. It is recommended that you consult with your lawyer.
20. Will my child be eligible for lower tuition rates once they have a Green Card?
Yes, children with a Green Card can qualify for in-state tuition fees, which are often significantly lower than what international students pay. Additionally, they may be eligible for scholarships and grants and have better acceptance rates than international students.