The EB-5 Program is complicated, so it is not uncommon for EB-5 Investors to have many questions about how to proceed. At EB-5 Support, we believe that every investor deserves the right to know everything about the EB-5 process. If you have any questions which are not answered below, please contact
The EB-5 program is a U.S. immigration initiative that offers foreign investors and their immediate families an opportunity to obtain green cards by investing in qualifying investment projects in the United States. Investors can choose to invest $1.050 million in a standard project or $800,000 in a project located in a targeted employment (TEA) or a rural area. If their investment creates ten new full-time jobs, they be eligible for green cards.
EB-5 Investors are required to comply with all U.S. entry requirements, show a lawful source for the EB-5 investment, and indirectly create ten jobs through their investment. Likewise, the full investment must remain in the EB-5 project for the entire loan period. Investors who can fulfill these requirements are good candidates for the EB-5 program.
Investors applying after 2022 may obtain their conditional green card 1-3 years after investment (much longer for pre-2022 investors). Temporary status is available to EB-5 petitioners who have exceptionally needs for residence/immigrant status.
Parents, spouses, children, and step-children (under 21 years of age) may receive permanent residency and permanent green cards alongside the main investor.
All family included on a petition will be required to submit thorough documentation and attend immigration interviews with the primary petitioner.
Most EB-5 Regional Center Projects are structured to retain the investment between 3-7 years.
EB-5 immigrants may apply for the EB-5 program regardless of their current immigration status or country of residency.
U.S. residents with a current visa can undergo an “Adjustment of Status”, which transitions their current visa to an EB-5 visa. Residency and work authorization is maintained during this process. Investors overseas can apply for “consular processing” at a U.S. Consulate or Embassy. For foreign applicants, there are various opportunities for temporary residence in the U.S prior to conditional residency.
A qualified EB-5 project must be registered with USCIS and have business plans, economic impact reports, and other detailed filings to show compliance with EB-5 immigration and securities laws.
EB-5 immigrants are not qualified to find projects on their own, nor are they expected to. FINRA Registered Representatives (also known as investment brokers) are trained specifically for the purpose of showing a variety of qualified EB-5 offerings to their clients. Representatives work with large investment brokerages, which spend thousands of dollars and hundreds of hours conducting due diligence on these projects.
To start your EB-5 process, you should first meet with a qualified EB-5 Immigration attorney to determine whether you are a good candidate for the EB-5 visa. Once you have consulted with an attorney and are prepared to file with USCIS, you can then meet with an investment broker to find a qualified EB-5 investment opportunity.
EB-5 Investors can schedule a no-cost consultation with EB-5 Support for EB-5 attorney referrals.
Generally, EB-5 investors are repaid at the end of their project's loan term. A new investor’s full investment must be available to the project developer for at minimum two years, but generally longer. Investors from before 2022 must wait until the end of their conditional residency to be repaid, but this regulation is not required for new investors. During our personalized consultation, EB-5 Support can advise you on when you are most likely to be repaid, based on the investment offering.
FINRA registered representatives perform their own independent due diligence on various EB-5 projects and present vetted options to investors to choose from.
The Financial Industry Regulatory Authority (FINRA) is a private organization which works with the U.S. Securities and Exchange Commission (SEC) to regulate the buying and selling of investment opportunities.
A FINRA broker is a professional overseen by a brokerage firm and FINRA when representing investor clients in the buying or selling of “securities” - stocks, bonds, investment opportunities, and more. FINRA, although independent of the broker, strictly monitors their activity when representing clients to ensure all transactions are compliant with U.S. law.
EB-5 Support is headed by the FINRA registered representative, Irina Rostova, who is a licensed broker and barred immigration attorney. FINRA offers a public service known as BrokerCheck, where the public can see a complete profile of all registered representatives, including EB-5 Support. Likewise, Irina is a licensed immigration attorney with the Florida Bar Association.
EB-5 Support can also be found in the IIUSA member directory, the EB-5 Investors Magazine verified broker directory, and on the American Immigrant Investor Alliance website.
Investment brokers are compensated by project sponsors when an EB-5 investor is referred to a project. Broker services are already paid for through the “Administrative Fee” included in the total price of an EB-5 offering. The Administrative Fee is mandatory, meaning broker service is included with an offering regardless of whether an investor finds a project through a broker.
Contrary to popular belief, an investment broker’s services are offered at no extra cost to the investor or their attorney. This model allows for EB-5 investors to feel confident about using a trained professional to advise them, without a financial barrier.
EB-5 Support primarily offers project selection services for EB-5 investors looking for indirect/RC investment opportunities (over 95% of the EB-5 market; Read why). However, we can offer consulting services for direct investors looking to open their own business or troubled businesses looking to structure an offering.
The 2022 Reform and Integrity Act (RIA) created numerous changes to the program, including:
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