EB-5 FAQ：

 

1. What is the EB-5 Direct Investment visa?

• The EB-5 Direct Investment visa is an employment-based immigrant visa that provides a pathway to U.S. permanent residency for foreign investors. To qualify, an investor must make a substantial investment in a new commercial enterprise in the United States and create or preserve at least 10 full-time jobs for U.S. workers.

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2. What are the investment requirements for the EB-5 Direct Investment visa?

• The standard minimum investment amount is $1.05 million.

• If investing in a Targeted Employment Area (TEA)—which includes rural areas or high-unemployment zones—the minimum investment is $800,000.

       (These amounts were adjusted under the EB-5 Reform and Integrity Act of 2022 to account for inflation.)

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3. What qualifies as a new commercial enterprise for the EB-5 visa?

A new commercial enterprise (NCE) refers to a for-profit entity engaged in lawful business activities. Acceptable business structures include:

• Sole proprietorships

• Partnerships

• Holding companies

• Joint ventures

• Corporations

The business must have been established after November 29, 1990, or if established before, it must undergo substantial restructuring or expansion.

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4. What are the job creation requirements for the EB-5 Direct Investment visa?

Investors must create or preserve at least 10 full-time jobs for U.S. workers within two years of the investment.

• Direct investments must generate direct jobs, meaning actual employees of the new commercial enterprise.

• Regional Center investments can include indirect jobs created through economic activity.

A full-time job means at least 35 hours per week, and eligible workers include U.S. citizens, green card holders, and certain work-authorized immigrants (but not the investor or their immediate family).

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5. Can family members of EB-5 investors also obtain visas?

Yes. The spouse and unmarried children under 21 of the principal EB-5 investor are eligible for derivative visas, allowing them to:

• Live, work, and study in the U.S.

• Apply for permanent residency (green card) along with the investor.

 

6. What evidence is required to support an EB-5 Direct Investment petition?

    A successful I-526E petition (Immigrant Petition by Regional Center Investor) typically requires:

• Proof of investment (e.g., bank transfers, escrow statements).

• Job creation plan (e.g., payroll records, hiring plans).

• Business plan demonstrating how the enterprise will operate successfully.

• Source of funds documentation proving the investment capital is legally obtained.

   USCIS requires detailed documentation to confirm the legitimacy of both the investment and the job creation potential.

 

7. How long does it take to process an EB-5 Direct Investment petition? Processing times vary but generally take:

• I-526E Petition: 18-24 months (initial petition for conditional residency).

• I-485 Adjustment of Status or Consular Processing: 6-12 months.

• I-829 Petition (to remove conditions and obtain a permanent green card): 24-36 months.

   Processing times depend on factors like USCIS workload, the complexity of the case, and visa availability.

 

8. Can I withdraw my investment after obtaining the EB-5 visa?

No, the investment must remain at risk until the investor receives unconditional permanent residency (after I-829 approval).

• Withdrawing the investment too early can result in losing legal status.

• After I-829 approval, investors have more flexibility to manage their funds.

 

9. What are the main differences between the EB-5 Direct Investment and EB-5 Regional Center programs?

• The EB-5 Direct Investment program requires investors to create direct jobs and actively manage the business. In contrast, the EB-5 Regional Center program allows investors to pool their investments in larger projects and create indirect jobs. The Regional Center program often requires less active management, making it more attractive to investors seeking a more hands-off approach.

 

10. How does the EB-5 Direct Investment visa lead to a green card?

• Step 1: File I-526E petition and wait for approval (18-24 months).

• Step 2: Apply for a conditional green card (valid for 2 years).​

• Step 3: After 2 years, file I-829 petition to remove conditions.

• Step 4: Upon I-829 approval, receive a permanent green card (unlimited validity).

This process ensures the investor fully meets job creation and investment requirements before obtaining unconditional U.S. residency.