general EB-5 questions
How many EB-5 visas are allocated each year for the EB-5 visa classification?
The EB-5 Program allocates 10,000 visas per year for immigrants and their family whose qualifying investments result in the creation or preservation of at least ten full-time jobs for U.S. workers. Of the total, 3,000 visas are specifically allocated to immigrants who invest through EB-5 Regional Centers.
What makes the EB-5 Visa program different from the L-1 or E-2 visa?
Successful participation in the EB-5 Immigrant Investor program gives you permanent resident status. Permanent residency requires no renewal or reapplication. The E-1 Treaty Investor or E-2 Treaty Trader programs allow for nonimmigrant status only. When the qualifying business/investment ends, so does the non-immigrant status that has been granted to the alien. The Alien must leave the United States unless another visa category is granted. Unlike E-1 and E-2, the L-1 alien can apply for classification as a Multinational Executive or Manager. If the petition is approved, which is becoming more difficult due to the high number of fraudulent cases and a subsequent tightening of the review process, the alien may apply for Permanent Resident status. Other U.S. non-immigrant visas, such as E-1, E-2 and H category visas may never result in permanent residency, have time limits, and require additional filings with USCIS or Department of State.
Must an investor have previous business experience or a minimum level of education to participate in the EB-5 program?
There are no requirements with respect to prior business experience or education. The only requirement is that the investor is accredited and meets certain suitability standards, with respect to income, net worth, etc. The investor also must prove unconditionally that the source of funds is legal, through the submission of proper documentation.
Must an investor speak or read English to participate in the EB-5 program?
No, but it is strongly recommended that a non-English speaking investor should hire the services of a translator to ensure that the investor fully understands the investment terms, and the offering materials are reviewed carefully before the investor makes a decision.
Can I bring my family members with me?
You can bring your immediate family members with you (a spouse and any unmarried children under 21 years old) who will enjoy the freedom of living, studying, working, or retiring in the U.S.
Can I apply if I have been rejected or terminated in the past by USCIS for other visa?
Rejection in the past does not disqualify the applicant, unless the reasons relate to immigration fraud or other grounds of inadmissibility or memorability. It is very important that all criminal, medical, or U.S. immigration history problems be disclosed to Texo Capital and legal counsel in advance of application.
How long will it take to get a green card?
It can take anywhere from 6 to 14 months depending on the current processing times to get your immigrant investor petition (I-526) approved. Then, petitioners living abroad should apply for an immigration visa through an American consulate office, a process, which takes approximately six months. After approval of the immigrant visa through consular processing, the investors and their families receive conditional green cards within a few weeks of arrival into the United States. You can apply for a permanent green card after two years from the date of landing in the United States as a temporary permanent resident. For current USCIS processing times, please click here Processing Times
Do I need my own immigration attorney to prepare and file my immigrant investor petitions (I-526 and I-829)?
No. Every Immigrant Investor shall enter into a separate representation agreement with an attorney of their choice or with an attorney recommended by Texo Capital.
Can members of one family interview in different countries?
Family members can interview in different countries. The country of origin or where the family has current ties is the standard interview site. Often one member of the family is located in another country, such as a student attending school in the U.S. The student does not have to return to the country of origin and can adjust status in the United States at the district office of USCIS.
How long must I remain in the U.S. each year?
The first requirement of any investor after they receive the visa at the United States overseas consular office is to enter into the United States within 180 days of visa issuance from the consulate. The investor must then establish residency in the United States. Evidence of intent to reside includes opening bank accounts, obtaining a driver’s license or social security number, paying state and federal income taxes, renting or buying a home. There are a few exceptions to the 180-day rule such as students studying abroad, medical circumstances or emergency business circumstances. The 180 days need not be consecutive. You may travel in and out of the country. Proper preparation for re-entry into the U.S. is highly recommend prior to leaving. The 180-day rule is in effect until you get citizenship in 5 years. It is still in effect when you get conditional residency and a green card. The United States resident may work overseas if required based upon the nature of the business or profession. However, all permanent residents must remain in the U.S. for more than 6 months each year, or they may be deemed to have abandoned their permanent residence status.
Is EB-5 a truly passive investment?
The EB-5 regulations require investor’s involvement in management or policy making. The regulations deem a limited partner in a limited partnership as sufficiently engaged in the EB-5 enterprise.
What is the minimum required amount of investment capital to apply for an EB-5 visa?
When you invest through a Regional Center, the minimum capital requirement is U.S. $900,000 when you select a project in a rural area or targeted employment area (TEA). For all other projects, the capital requirement is U.S. $1,800,000. Texo Capital selects all of its projects within TEA’s in order to ensure our immigrant investors receive the best investment opportunities.
Is my investment guaranteed?
No. U.S. law requires an at-risk investment without guarantees or redemption rights. USCIS mandates that all EB-5 investments carry financial risks, but we devote our best efforts to minimizing the amount of risk by making sure you are investing in a debt-free real property versus a “typical” business operation, which generally carries more financial risk. It is recommended that investors thoroughly review the offering materials before investing. A limited partner can contact the general partner to request any partnership information at any time.
What are my financial risks?
There are specific risk factors for each limited partnership, which are included in the offering materials for the limited partnership. Risk factors differ among projects, but general risks include economic conditions, owning of real estate investments, law changes, and other risks related to a private investment offering. For a full list of risks related to a particular investments, please refer to the offering materials.
What are the tax consequences of my immigration to the U.S.?
The United States charges income tax on all U.S. Citizens and Permanent Residents, which is based upon worldwide income. Immigrant Investors should consider the tax implications and review matters with their professional advisers regarding becoming a U.S. Permanent Resident before making any investment.
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