FAQs

U.S. green card holders are able to reside, work, and retire anywhere in the United States, lawfully and permanently. Additional benefits include hassle-free entry and exit from the U.S., the ability to apply for federal education aid, and Social Security and insurance benefits. Permanent residents may also sponsor their relatives for green card applications.

The I526E petition is the initial visa application as part of the EB5 Immigrant Investor Program. Prospective investors and their attorneys file this petition with the USCIS and include documentation demonstrating the investor’s eligibility.

The I829 petition is the final step in the EB5 Immigrant Investor Program. Investors and their attorneys file this petition with USCIS and provide evidence that the investor has successfully fulfilled all of the program’s requirements, particularly that investor funds resulted in the creation of at least ten jobs. Upon approval of the petition, investors and their family members receive permanent green cards.

The amount of required investments for each EB5 applicant varies depending on the location of the business an investor selects. If investing in a Targeted Employment Area, the investment threshold is $900,000. Otherwise, the minimum investment amount increases to $1.8 million. Project developers can use EB5 investments as a powerful source of funds for their development projects. Existing businesses can also attract foreign investors with direct investment opportunities to scale up and create more jobs with the EB5 capital.

When it comes to the source of funds for an EB5 investment, gifts can indeed be a valid source. The U.S. Citizenship and Immigration Services (USCIS) allows investors to use gifted funds to meet the required investment amount. However, USCIS requires thorough documentation and verification of the gift funds to ensure compliance with the EB5 program's regulations. When utilizing gifted funds, investors must demonstrate the lawful transfer of the funds and provide evidence that the gift is an actual gift and not a loan or other form of indebtedness. To satisfy USCIS requirements, investors typically need to provide documentation such as a gift letter, which outlines the details of the gift, including the amount, the relationship between the gift giver and the investor, and a statement affirming that the gift does not need to be repaid. Additionally, USCIS may require evidence of the lawful source of the gift giver’s funds, such as tax records, bank statements, or other financial documentation. It is also important to consider potential tax implications associated with gifted funds. Both the investor and the gift giver may want to consult with a tax professional to ensure compliance with applicable tax laws and to properly report and register the gift money for tax purposes.

To be eligible for the EB5 program, investors need to be able to make the required investment in a U.S. business and create jobs. Potential investors must also be able to prove the legal source of funds for their investment to qualify. Unlike investment immigration programs from some other countries that have strict criteria on the applicants’ net worth, the EB5 program does not impose such requirements on applicants. Investors also don’t need to show that they are accredited investors, as demanded by SEC for other types of securities offerings.

EB5 Luxury Homes USA follows a comprehensive, vertically integrated approach that encompasses the entire spectrum of Real Estate investment projects. This begins with the meticulous selection of eligible participants, progresses through financing and construction, and culminates in the seamless handover of properties. Simultaneously, our dedicated team of lawyers diligently manages the necessary legal documentation to optimize your path towards obtaining the EB5 Visa, subsequent U.S. Green Card, and, ultimately, U.S. Citizenship

The EB5 Immigrant Investor Visa Program was created in 1990 by Congress to incentivize foreign investment and stimulate the American job market. The program not only benefits the U.S. with inflows of foreign capital to underdeveloped regions or areas with high unemployment rates but also offers foreign investors access to world-class jobs, education, and healthcare opportunities. For instance, 7,889 foreign investors and their family members received immigrant visas through EB-5 in FY 2019, according to the U.S. Department of State