FAQs

Additional information regarding the EB-5 Investment Program application process, requirements, and benefits can be found at the US Citizenship and Immigration Services’ website: www.uscis.gov/eb-5-investor.

Four years and nine months after obtaining conditional permanent residence status.  Applying for U.S. citizenship is optional.

If the necessary jobs will not be created, the investor will not be able to obtain removal of conditions on permanent residence and will lose any legal status in the U.S.  If there will be a change or delay in creating the necessary jobs, it may be necessary for the investor to file a new I-526 petition and obtain a new two-year period of conditional permanent residence status.  It may not be necessary to do this if the investor can prove at the time of filing of the I-829 petition that all of the necessary jobs will be created within a “reasonable time.”

The EB-5 investment process involves multiple steps, and processing times for each step can vary.  Overall, the entire process from the initial application to unconditional legal permanent resident (“green card”) status, usually takes 27 to 36 months but may take longer.

Current U.S. law allocates 10,000 EB-5 visas per year for foreign nationals and their immediate family members (spouses and unmarried children under 21).  Of these, 3,000 EB-5 visas are specifically set aside for applicants who invest through a designated Regional Center such as the UCDA.

EB-5 regulations require that all invested capital be “at risk” of loss.  Therefore, no investment can be guaranteed – that is, without risk – if it is to qualify as an EB-5 investment.  “At risk” generally means subject to normal business and financial risk.  Other risks include the enterprise’s failure to meet the direct or indirect job creation requirement.  

The EB-5 petition must document that the required 10 jobs will be created within a two-year period immediately following the approval of the EB-5 petition.

The investment must create full-time employment for at least 10 U.S. citizens or immigrants (permanent resident aliens and other specified immigrant categories).  The required 10 positions cannot include the investor or the investor’s spouse or children.  The 10 jobs must be for employees of the enterprise in which the investment is made and cannot include independent contractors.   However, for approved regional centers, the creation of employment can include indirect employment.

The investment must be in a “new commercial enterprise” in the United States.  “New” means that the investment must have been made after November 29, 1990.  “Commercial” is to be distinguished from a passive, speculative investment, such as a purchase of real estate for use as a personal residence or for potential appreciation in value (as opposed to an active real estate development  project).

The U.S.  investment can be in any one of four forms : (1) the creation of a new business; (2) the purchase of an existing business, which is reorganized to form a new enterprise; (3) the expansion of an existing business; or (4) the saving of a failing business.

The EB-5 program has been used to finance a myriad of different investment projects.  Some of the more common examples include the following:

• Mixed-Use
• Hotel
• Sports Stadiums
• Restaurants
• Manufacturing
• Medical Facilities
• Entertainment Venues
• Convention Centers
• Office Buildings

A Regional Center is an entity or economic unit, public or private, approved by the United States Citizenship and Immigration Service (USCIS) to facilitate the pooling of capital by multiple EB-5 investors.  Each Regional Center focuses on a specific geographic area within the U.S., and whose goal is to promote economic growth and the creation of new jobs within the designated geographic area.  The UCDA designated geographic area encompasses Collin, Dallas, Denton, Ellis, Hood, Hunt, Johnson, Kaufman, Parker, Rockwall, Somervell, Tarrant and Wise Counties

Investing in a Regional Center allows the EB-5 investors the ability to invest alongside other EB-5 investors in a pooled vehicle, such as a limited partnership sponsored by the UCDA; and to receive credit for both direct and indirect jobs created as a result of the EB-5 investor’s investment.

The minimum investment is $500,000 in a TEA (Targeted Employment Area).  (Effective November 21, 2019 $900,000) A targeted employment area is a rural area or a geographical area that has experienced unemployment at a rate of at least 150% of the national average rate.  Individual states are authorized to designate geographical areas within the state that qualify as targeted employment  areas.

The U.S.  EB-5 Program is an employment creation-based immigration program designed for an immigrant investor with sufficient capital resources to petition themselves and their immediate family for Permanent Residency in the United States.  EB-5 is the quickest way to get a U.S.  Green Card by investing $500,000 or $1,000,000  into a U.S. based business that creates documented jobs  in the U.S.  (Effective November 21, 2019, $900,000 or $1.8 million required.) Upon acceptance of the USCIS 1-526 application, the investor is issued a “Conditional” Green Card.  After time, investment, and job requirements have been met, a “Permanent” Green Card will be issued to the investor and the investor’s immediate family members.  EB-5 Programs are generally low risk and provide you with a reasonable return on investment.