The Learning Experience EB5 Visa Program
Questions about the EB5 Visa
 

What is the EB-5 Visa?

Congress created the EB-5 immigrant investor visa in the Immigrant Act of 1990 in the hopes of attracting foreign capital to the US and creating jobs for American workers.

When and for whom was the EB-5 visa program created?

The EB-5 visa program was founded in 1990 under section 203(b)(5) of the Immigration and Nationality Act (INA). The program was created by the U.S. Citizenship and Investment Services (USCIS) for qualified non-US citizens seeking permanent resident status on the basis of their investments in the American economy.

How many EB-5 visas may be issued per year?

There are 10,000 EB-5 visas available to qualified aliens each year. 5,000 of these visas are designated for aliens who invest through a program at a USCIS-designated Regional Center.

How does the EB-5 visa differ from an L-1 visa (manager transfer)?

With an EB-5 visa, you obtain a green card for permanent residence in the United States. After 5 years, the investors and their family may obtain US citizenship, subject to meeting all immigration requirements. Other visas, such as the L-1, may never result in permanent residence, have time limits, have to be renewed, and require additional filings with the USCIS or Department of State.

Who may obtain an EB-5 visa?

Any person who can demonstrate the ability to invest the required amount into the American economy, can document that the capital was legally earned, and satisfies general eligibility requirements (e.g., medical, criminal) is qualified to apply. The investor's spouse and any minor children (under 21) also qualify. The age of the minor children is "frozen" at the time of the application so, for example, a 20-year old dependent is not in danger of "aging out" during the process.

What is the minimum investment required?

A minimum investment of $1,000,000 is required for an EB-5 visa through our Program. However, an investor may invest more than $1,000,000 to aquire additional TLE Centers.

 

 

Will my investment in a Regional Center be returned if my application is denied by the U.S. Citizenship and Immigration Services (USCIS)?

Yes. Your funds will be placed in a specially created escrow account in which your investment is frozen until your application is approved by the USCIS. In the event that your application is denied, your investment will be returned to you in full minus administrative expenses.

For how long is the "green card" valid?

The investor and dependents receive a conditional, 2-year green card. Before the expiration of the two year period, a petition is submitted to the USCIS confirming that the investment has been made and that ten jobs have been created as a result of the investment.

If I or a member of my family is already in the U.S. on another visa, is it necessary to return to my home country in order to obtain an EB-5 visa or permanent residence?

No. In order to obtain permanent residence in the U.S. under the EB-5 program, you do not need to return to the country of your citizenship. You and the members of your family may apply to adjust status while in the United States.

How long does the application process take?

In general, the process takes less than one year. Petitions are reviewed quickly, usually within five months. After the petition is approved, it is forwarded to the overseas consulate or local USCIS for further processing and final visa issuance/permanent residency approval.

Where can I find more information about the EB-5 visa program?

Further information regarding the application process, requirements, and benefits of the EB-5 visa program can be found on the website of the U.S. Citizenship and Immigration Services (www.uscis.gov) and at or website: (www.tobeconfirmed.com)

 
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