EB-5 Visa in the United States

What is an EB-5 Visa?

The EB-5 visa is an immigrant visa that can be acquired by completing the job creation requirements, having a legitimate source of funding, and supplying a minimum investment of $800,000. The overall cost of an EB5 visa is between $108,315 and $137,305. The Regional Centre Fund Administration charge, which varies from $60,000 to $80,000 (negotiable), is the largest expense associated with an EB-5 visa.

Through the EB5 Visa, immigrants can achieve U.S. citizenship and permanent residency in the United States through a Green Card. Foreign nationals, their spouses, and unmarried children under 21 are eligible to apply for a U.S. visa under the EB-5 Visa. Financial advisers and other EB-5 experts offer services to overseas investors to increase their chances of making a profitable EB-5 investment. 

The Cost of an EB-5 Visa 

Whether you are in the United States or not can affect the cost of an EB-5 visa. The EB-5 Visa Cost Calculator was developed to determine the cost for your particular circumstance. The petition filing fees, EB5 Visa immigration lawyer fees, Regional Centre Fund Administration fees (if applicable), business plan and contract fees for direct EB5 investors, foreign remittance fees (if the investor is not in the United States), translation fees, and travel expenses are the sources of the EB5 Visa costs. EB5 Visa filing fees are assessed by the U.S. Citizenship and Immigration Services (USCIS).

What Are the Cost Factors for an EB5 Visa? 

Legal and filing fees, regional centre administration fees, escrow fees, currency conversion and transfer fees, tax implications, and other incidentals are all included in the cost elements for the EB5 Visa. Legal fees include the fees of an immigration lawyer. Depending on the experience of the immigration attorney and the intricacy of the EB-5 investor’s case, legal fees can differ significantly. Filing fees include the I-526 and I-829 petition filing fees as well as additional expenses related to the processing and decision-making of EB-5 visas. The administrative fees associated with ensuring adherence to EB-5 program regulations and managing the investment project are known as regional centre administration costs. If money is put in escrow while the I-526 petition is being approved, there will be escrow costs.

For investors moving money from abroad, there are fees associated with currency conversion and transfers. To achieve the requirements for an EB5 visa, miscellaneous costs include fees for doing due diligence on the investment project, travel expenses if traveling to the United States for inspections or interviews, relocation expenses, and other incidentals.

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How Much Does an EB-5 Visa Cost?

The Regional Centre Fund Administration fee, which varies from $60,000 to $80,000, is the largest expense associated with an EB-5 Visa. The Regional Centre Fund Administration Fees are the costs incurred by the Regional Centre to manage an EB-5 project. A Regional Centre Fund Administration Fee must be paid by the investor if they apply through one of the more than 90% of EB-5 applicants that do so.

How to Know if an EB-5 visa is the Best Option for You 

You should first determine whether the EB5 Visa is the best option for your financial and immigration objectives before boarding the ship. We’ve highlighted a few factors below to help you decide if an EB5 visa is the best option for you: 

• Ability to Pay

If the New Commercial Enterprise (NCE) is situated in a targeted employment area (TEA), you must invest at least $800,000; if not, you must invest at least $1,050,000. This is one of the conditions for the EB5 Visa. In addition to the minimum investment amount, you should be aware of:

• Funding source

You should be able to demonstrate that the investment funds originated from a reliable source. These sources include, among others, loans, inheritance, legal settlements, employment earnings, and assets or securities that generate income. You can be asked by the USCIS to provide documentation that traces the investment funds’ legal sources.

• Risk tolerance

The EB5 program has the same level of risk as other investment initiatives, as all investors are aware. In certain cases, you might not receive significant returns on your investment or you might lose all of your money. If your main objective is to immigrate, you should also think about the financial ramifications of obtaining an EB5 visa.

•  Length of investment

Expecting to see returns on your first EB5 investment will take a while, possibly years.

• Long-term citizenship 

Foreign investors obtain permanent resident status under the EB-5 visa. You should still take into account several variables and subtleties associated with this prize, though: conditional permanent status and a pledge to live in the United States. The initial Green Card granted to EB5 investors is conditional for two years. A petition to remove the conditions must be submitted before the two-year conditional period ends. When deciding whether to lift the restrictions, USCIS will check to see if your investment produces the necessary number of jobs. You might be able to apply for naturalisation after five years or more as a permanent resident. A tax preparation session is advisable before obtaining permanent residency through the EB-5 program. 

• Adaptation to American education, culture, and society

Even though it can sound sentimental, this is nevertheless an important factor to take into account. Once you get a permanent residency, you will need to reside in the United States.

Waiting time

The wait time for an EB5 visa shows as “Current” as of September 2023, meaning there is neither a backlog nor a retrogression. Additionally, the following wait durations apply to anyone applying for an EB5 Visa: 

• 31–50 months I-526.
• Varies based on the service centre for I-485: Instructions on the following steps will be provided by the National Visa Centre or Consulate 30 to 45 days after getting the USCIS approval for the DS-260 (if in the home country). Within 60 to 90 days, they would typically set up an interview if the priority date was current.
• Months 22–48.5 of I-829.

We have a few of the aspects that influence the processing of an EB-5 visa below:

• Higher demand but fewer visas are available annually

Although there are only 10,000 EB5 visas available worldwide each year, the number of applicants for an EB5 visa has increased recently. Because of the limited EB5 Visa allotment, more petitions are being filed, which causes backlogs and lengthens wait times. Additionally, the number of petitions decided may rise if a spouse or unmarried children under the age of 21 enter the process. Periodically, deadlines will be set to restrict the number of investors from backlogged nations who may apply for and obtain conditional green cards. As opposed to investors from nations with lower demand, this implies that investors from backlogged nations might have to wait a few more years.

• Where the investor submitted their application

Depending on where the investor applied for the petition, the processing period may also change. Compared to investors who live overseas, individuals who are lawfully residing in the United States at the time of their application follow a slightly different path. EB5 investors outside of the United States who file Form DS-260 and investors who file Form I-485 to get conditional residence status have different processing times. 

• Quick processing

A new commercial company that satisfies specific requirements, such as advancing the urgent interests of the US government, may get expedited status from the USCIS. As a result, processing times can be short. It can be from a year to an average of four to ten months.

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Processing Time

According to USCIS processing estimates as of August 2023, Form I-526 petitions for EB5 Visas take between 29.5 and 61 months to process. The processing period for Form I-385 varies from 7 to 29 months. This depends on the service centre, for investors who are currently in the United States and may be qualified to petition for adjustment of status. Visa processing times for foreign investors range from six to twelve months. The processing period for an EB5 Visa varies based on the number of new and pending applications received annually, just as for any other visa category.

Benefits of an EB-5 Visa 

Both investors and the United States as a whole gain from the EB-5 Visa program in a number of ways. Let’s examine some of the main advantages of the EB-5 Visa.

• A route to long-term accommodation 

The EB-5 visa offers overseas investors and their immediate family members the chance to settle in the United States permanently. This is one of its biggest advantages. Those in the immediate family include: Spouse, Unmarried children under 21. Following two years of maintaining their initial investment, investors are eligible to seek permanent residence status. To accomplish this, fill out Form I-829. 

• Possible returns on your EB-5 investment

 It is possible to make money on an EB-5 investment. The amount, however, will vary depending on several circumstances. Take the kind of EB-5 investment project that was chosen, for instance. The timing of the filing of Form I-526 or Form I-526E determines how long an investment must be held. March 15, 2022, saw the enactment of the EB-5 Reform and Integrity Act. Several laws were altered by this legislation, notably the requirement that investments be kept up to date. An I-526 or I-526E petitioner is important to keep their investment for two years. The day the EB-5 project investment is made marks the start of these two years.

• Availability of a top-notch education 

The United States is home to some of the top universities in the world. The United States is home to seven of the top 10 institutions in the world. This is according to the Times Higher Education rankings. Universities like Harvard, MIT, Yale, and Princeton are in this. With an EB-5 visa, the investor’s children can attend these esteemed universities without the limitations that apply to overseas students. Higher tuition costs and shorter visa periods are examples of this.

• A path to U.S. nationality

 The EB-5 Visa provides a straightforward route to U.S. citizenship. Investors who meet certain qualifications and have a Green Card for five years are eligible to seek U.S. citizenship. Additional perks come with citizenship. For instance, the ability to vote in US elections and the availability of federal subsidies and scholarships.

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• Prospects for business 

The ability to pursue a variety of business endeavours and investment opportunities in the United States is one advantage of the EB-5 Visa. The initiative enables investors to launch a new business venture or invest in a project for a regional centre. As a result, EB-5 investors have more freedom to select projects that fit their financial goals.

• Sponsorship is not necessary

EB-5 applicants have the option to self-petition, in contrast to other U.S. visa categories like the EB-3. This implies that in order to qualify for the visa, investors do not require a job offer or sponsorship from a US business. The EB-5 Investor Visa offers more freedom as a result.

• Work and reside anywhere in the United States

You are not restricted to a particular area or occupation when you apply for the EB-5 Program. You can live and work anywhere in the United States instead.

Can I Apply Using a Bank Loan?

Yes, you can apply for an EB5 visa using a bank loan. When an investor wants to find a legitimate source of funding to augment the needed minimum investment amount of $1.05 million (for non-TEAs) or $800,000 (for TEAs), a bank loan becomes essential for an EB5 Visa application.

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Conclusion 

For investors and entrepreneurs hoping to launch their business or engage in an approved project in the United States while simultaneously obtaining lawful permanent residence in the same nation, the EB5 Visa is a fantastic and potent choice. Longer waiting periods have been a result of its recent rise in popularity as a potent choice for overseas investors. Because it can affect your conditional green card or capital redeployment, it is critical to pay attention to the processing times for an EB5 visa.