Immigration Services

EB5 Visa

The EB-5 is a very prestigious green card that is slightly different from other green cards that begin with “E.B..” Even though that stands for “employment-based,” the EB-5 is based on an investment made by the beneficiary. There are two primary paths to this green card: the Basic Program and the Regional Center Pilot Program.

Regardless of the path you take, you will need to invest in a U.S. enterprise. The amount of that investment will depend on where the enterprise is located, which we will go into more later on. Your enterprise can either be brand new or have already existed. However, it must be something that can generate ten future jobs for U.S. citizens. For any entrepreneurial visa or green card, there should be an emphasis on creating jobs for citizens, and this will go a long way in helping your case with the USCIS.

Some of the significant benefits of the EB-5 are that you don’t need an employer or any formal education. Additionally, the EB-5 is one of the few green cards that permit the beneficiary to self-petition, meaning that you can be your sponsor.

The green card acquisition process has fees regardless of which type you get, but we’ll go over what you can expect for the EB-5.

  • First, you need to make or irrevocably commit the investment.
  • Then, you will need to file the I-526 petition.
  • Once your petition has been approved, you will need to file an I-485 to adjust your status.
  • Alternatively, you may need to go through consular processing. This will require the DS-260 online immigrant visa application.

For these last two steps, there is a distinction. Adjusting your status is only available to those already in the U.S. under a nonimmigrant visa such as an E-2 visa or H-1B visa. For all others, you will need to go through consular processing, which involves making an appointment with a U.S. Consulate or Embassy and traveling to that appointment. Keep in mind that consular processing is also available to those under a nonimmigrant visa if they so choose.

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EB-5 Cost and Fees

When it comes to the actual green card processing cost for the EB-5, the fees will depend on the route you take, as there is a difference in price between adjustment of status and consular processing. Here is a breakdown of what you can expect to pay for each route:

Adjustment of Status IMMIGRATION FEES

  • $4010 for the I-526 form filing fee
  • $1,130 for the I-485 adjustment of the status application form.
  • $30 for the biometrics fee. This may not apply to your situation, so speak with your immigration attorney to see if you need to have your biometrics taken.

Consular Processing

  • $4,010 for the I-526 fee. This fee is required regardless of which route you take.
  • $230 for the DS-260 online immigrant visa application. Make sure to bring a payment receipt to your consular appointment.
  • $30 for the biometrics fee.
  • $85 fee for an affidavit of support. This may not apply to your situation.

Other EB-5 Costs

You should also calculate any travel expenses or attorney fees that may be a part of your EB-5 process. Travel expenses may be more if you need consular processing and make your way to a U.S. Consulate or Embassy.

What is the Capital Required?

One significant expense that should be factored into your EB-5 cost is the actual investment that the green card is based on. To qualify, you will need to invest at least $1 million in a U.S. enterprise. Alternatively, you can invest $500,000 in a Target Employment Area (TEA), which is defined as “a rural area or one that has experienced high unemployment of at least 150 percent of the national average.”

The invested money must be yours and must have been acquired legally, but you do not need to prove that you earned money (e.g., it was a gift or inheritance). However, this capital is less of an EB-5 cost, as the idea of an investment is for it to grow and for you to receive a return on your investment.

EB-5 Regional Centers

If you are more interested in gaining your lawful permanent residence than you are in operating and managing a U.S. enterprise, EB-5 regional centers may be the best option for you. Rather than be responsible for creating a new enterprise and the jobs that need to come from that, you can choose to invest your money in a Regional Center, which is essentially a company dedicated to economic and employment market growth. These entities tend to work mainly through the capital granted by EB-5 investors, creating projects through the EB-5 program.

Creating jobs is essential: when you are granted an EB-5 green card, you will be initially given a 2-year conditional immigrant visa. To maintain your status and remove the conditions, the USCIS will be looking for job creation and growth from your investment. Using Regional Centers allows you to qualify for your removal of conditions without creating any jobs directly. This also means that the Regional Center will manage your investment rather than you. This means that you do not necessarily have to have the exceptional business acumen to obtain and maintain an EB-5.

How VisaNation Law Group's EB-5 Lawyers Can Help

Because the EB-5 represents such a significant investment and so much money is at stake, it pays to be prepared and do this right the first time. The immigration process is fraught with opportunities to make simple errors and mistakes that can cost both time and money. To best protect that investment, you can hire an immigration attorney to make the process as successful as possible.

The Law Office Of Toma Makedonski expert EB-5 attorneys will be with you every step of the way. They will file your petition, make sure all EB-5 costs are correct, and address any obstacles that might come up, such as an RFE. To get in touch with our office and schedule a consultation, you can fill out our contact form.

The U.S. Citizenship and Immigration Services (USCIS) allows 10,000 EB-5 visas a year.

Banco de México is the regulatory body that has a framework and monetary policy for moving assets and money outside of Mexico.

Mexico – EB-5 Visa

The EB-5 U.S. The Immigrant Investor Visa Program is available to Mexican citizens. There is a growing demand for the EB-5 Visa category among Mexican nationals. If you (or your child) were born in Mexico, you could apply for the fast-track Green Card category for the United States through the E.B. 5 USA Investor Visa Program.

Targeted employment area – “TEA” is defined as:

– Rural areas

– Areas with unemployment 1.5x of the national average

Mexican Investor age requirement

There’s no age limit. The meaning of this is anyone qualifies to be an EB-5 investor. However, since a minor probably does not have the assets or income to be eligible as an EB-5 investor on his own, the parents or some other guardian giving them the investment amount requires showing the necessary documents to prove the source of funds. Occasionally, an investor pursuing an EB-5 visa will be unable to get specific documentation. The applicant may file a declaration explaining why they cannot supply the needed documentation in such instances.

The only time age matters are if the parent is applying and children are also part of the application as derivatives. They must be under 21 to be included in a parent’s application.

Income requirement

What are the financial criteria? An investor must have the qualification to support successful business investment. See below to know:

  • A net worth of U.S. $1 million – For an individual or a married couple; or
  • $200,000 or more in Individual Income, or $300,000 or more joint income, in each of the two previous years; and
  • A comparable level of Future income and assets.

Source of Assets, plus any obligations or legal liabilities associated with these assets, play an essential role in your EB-5 application. To prevent money laundering and resolve security issues, USCIS meticulously checks the source and course of the funds of an applicant. Ensuring their investment funds’ legitimate authority and the channel is crucial for EB-5 investors. They must present documentation that complies with USCIS’s strict requirements. If the applicant cannot provide specific documentation, they may submit a declaration and explain why they cannot provide the required documents.

If you do not have enough investment funds, you might be wondering what can be a possible lawful alternative source of funds, right? Worry not; you may obtain funding from various sources like salary, stocks, equities, and bank account deposits. Here are some of the other possible lawful funding sources:

Loans as a funding source for EB-5 investments

Typically, a financial institution provides a loan for an EB-5 investment. The loan’s collateral must be specified. In contrast to a previous regulation, USCIS now permits a loan as a source of financing only if the investor is the primary lender. Additionally, the collateral must be worth at least as much as the loan amount. USCIS may issue a request for evidence (RFE) if the collateral value is close to the loan amount. EB-5 best practices advise the loan amount should not exceed 70% of the value of the collateral property.

Tax returns and other financial records

Corporate and individual tax returns should be filed in any jurisdiction within the last five years. When the tax returns of an applicant reveal a more considerable income in previous years, they should likewise provide tax returns for the three years with the highest pay. Preferably, EB-5 tax planning must occur before filing and with the assistance of a professional.

Attorney Toma Makedonski
offers a low-cost, flat fee in most cases, so you, as the client, know what your cost will be upfront. Toma Makedonski is a Chicago, Illinois, immigration lawyer with upfront, low-cost, flat fees on most immigration attorney fees.