Entering the United States through the EB-5 Immigrant Investor Visa Program has never been easier or more secure. Step Global’s Dubai-based specialists will walk you through the visa process from application of your initial green card (I-526 application) to removal of conditions (I-829 application).
EB 5 Visa Program – Benefits
For those wanting to become permanent residents of the USA and who may even want eventual citizenship, the EB-5 Immigrant Investor Program offers a route through investment for you, your spouse and any unmarried children under the age of 21.
EB 5 Visa – Requirements & Costs
The requirements for the program are that you make an investment of $800,000 USD into an approved EB-5 project within the United States. Step Global has exclusive projects in a variety of categories including infrastructure, healthcare, hospitality, residential, agriculture, and more. Some of these projects will qualify for priority processing under the new regulations as of March 2022.
EB 5 Investor Program Processing Time
Please note that visa processing time may vary but typically initial applications are approved within 60 days and can take up to six months to process. See below for the full EB-5 process and contact us today for details on costs with a free consultation with our lawyers and specialists.
| Investment Amount | USD $800,000 (can be paid in parts) |
|---|---|
| Investment Type | US EB-5 Approved Project |
| Spouse | Yes |
| Children | Yes (Under 21 years of age at time application is submitted) |
| Parents | No, but can be sponsored after Citizenship |
| Processing Time | 24 to 36 months (average) 12 months (Expedite Projects) |
| Physical Residency Requirements | Land once every 6 months to maintain residency. Live 2.5 out of 5 years for Citizenship |
| Length Of Status Received | Non-expiring green card/permanent residency |
| Permanent Residency | Immediately |
| Citizenship | After 5 years of Permanent Residency |
| Specific Program Requirements | Must show the legal source of funds |
| Nationality Disqualifications | No |
| Dual Citizenship | Yes |
No, to date there are no language requirements to apply to the EB-5 program.
No, to date there are no age restrictions for the EB-5 program.
EB-5 program process comprises three main stages.
In the first stage, your initial I-526 petition for a conditional green card is filed with USCIS and you finalize the project in which you will invest. At this stage, we compile your initial case summary and prepare your I-526 and G-28 forms for filing. Simultaneously, we share with you the investment project documents for your review. Once you have reviewed the project, you sign the subscription documents as well as the I-526 & G-28 forms. The wiring instructions are provided to you for the transfer of the investment amount and administrative fee to the U.S. escrow account of the project. Upon confirmation of receipt of funds from the project, we attach this confirmation with your I-526 application and file the initial petition.
The initial approval of your I-526 petition normally takes around 24 months. Upon approval, you enter stage 2. At this stage after receiving I-526 approval, we schedule your interview with the nearest consulate and/or embassy. The interview is mainly for the physical verification of all the applicants. After the interview, the visa is stamped for entering the U.S. Once you land in the U.S. you obtain a conditional green card for an initial two-year period. Please note that you will be entitled to the same privileges and benefits as a permanent resident even on a conditional green card.
After holding the conditional green card for two years period, the final stage kicks in. 90 days before the expiry of the second year of the conditional green card, we apply for I-829 which is the petition for the removal of conditions on the green card. These are very general conditions, as the Government wants to verify if there is any kind of misrepresentation by the applicant in the application or if there is any criminal activity by the applicant during these two years in the U.S. The government also checks whether the applicant’s investment is still in place or not and whether 10 jobs have been created or not by that investment. Once the petition is approved, the applicant receives the final unconditional green card which is permanent in nature. By this time the investment term is also generally over so the investment is refunded to the investor as per the terms and conditions of the initial subscription agreement.
Any type of loan is allowed as long as the loan is backed by legal supporting documents like a loan agreement etc.
Any type of loan is allowed as long as the loan is backed by legal supporting documents like a loan agreement etc.
Processing times may change depending on the number of applications and the US government’s ability to review and process approvals. On average the processing time is between 24 to 36 months.
The transfer of your USD 800,000 capital is made prior to the submission of your I-526 application to USCIS. The confirmation of your transfer will be included in your application. However, depending on the project sometimes partial funding is also allowed. This provides investors with the flexibility to enter the application queue immediately while continuing to fund the total investment in instalments over time through a payment plan.
The commercial enterprise is using your funds. Withdrawal prior to the fulfilment of the two-year conditional period will result in a denial at the I-829 phase.
Should any or all parts of your investment be returned, it can only happen after the sustainment period and/or I-829 petition is filed to ensure to the US government that your funds were invested over the series of years. Each business enterprise has different terms and thus can have a different outcome. The terms of repayment should be specified in writing within the offering documents and legal contracts signed by both the developer and investor at the time of initial investment.
Most developers with a good track record and years of experience in the EB-5 program will offer low returns because they have an abundance of prospective investors and are not in the need of additional marketing tools such as a higher rate of annual return to bring in investors.
Yes, your EB-5 application can be rejected. This scenario can be avoided by placing the application in the hands of reputable immigration consulting firms which have a robust track record in obtaining a US green card for their clients. Such firms understand the intricacies of immigration laws and protect the client’s investment against EB-5 rejection to the extent possible, thereby greatly mitigating any potential risks. These experts conduct thorough due diligence on the investor’s source of funds, to give EB-5 applicants the greatest chance of success.
Please check the USCIS website to find out the current approval rates.
If your application is denied, the capital investment which was placed in the U.S. escrow account will be returned to you within a commercially reasonable period of time. The terms of return of capital investment in case of rejection should be specified in writing within the offering documents and legal contracts signed by the investor at the time of initial investment. Any Sponsorship, legal, and consultancy fees will be deemed non-refundable upon payment.
No, fathers and mothers are not considered immediate family for the purpose of the EB-5 program. Only the investor’s spouse and children under the age of 21 may receive a green card based on the investor’s application. Once you become a US citizen you may then apply for the entry of your family members such as your mother, father, and siblings. Other options are feasible, and we encourage you to contact a Step Global team member to discuss them.
There is a limit on the number of green cards that can be issued. The EB-5 Program gets allotted about 10,000 visas every fiscal year (from October 1 to September 30 of the following year). On top of the limit per-visa category comes a per-country limit whereby each country can only get 7% of the visas which means that each country can get about 700 visas per year. When there are more applicants than available visas, the government establishes a cut-off date. Because of its ease and the abundant benefits provided by a green card, over the past few years, the EB-5 program has become very popular for those wishing to gain legal status in the US, creating a retrogression or backlog for some nationalities.
Yes, an EB-5 student green card holder is considered a domestic student and thus pays significantly less for college and university tuition than international students. For instance, undergraduate residents at the top public university in 2022 – the University of California – Los Angeles – pay approximately $13,268 in annual tuition, compared to approximately $43,022 for international students. This means that you can save approximately $30,000 on a yearly basis per child. A student holding a U.S. green card and willing to obtain a master’s degree will save up to $150,000 within five years. This benefit is especially helpful for families who choose to send multiple children to the US for post-secondary education.
Yes, you can travel in and out of the US while the EB-5 application is in the process if you have a valid visitor visa. Once your I-526 petition is approved and a conditional green card is issued you can live in the US while awaiting the approval of your I-829 petition for you to become a US permanent resident.
As of March 15, 2022, the US government also introduced the concept of Adjustment of Status (AOS) Concurrent filing for EB-5 applicants. This means that those already in the US on any legal visa status can apply to adjust their status from within the US while waiting for their EB-5 application to be processed. Along with this submission, they can submit an Employment Authorization Card and Travel Document. Within months, the applicant will have the ability to legally live and work in the US without employer sponsorship while they wait for their EB-5 green card application to be processed and their visa to be obtained.
Yes, you can apply for an EB-5 visa while on an H1-B visa or F-1 visa, or E-2 visa. Contact a Step Global lawyer to know more about the process.
Yes, you can leave the US if you are a green card holder. However, you need to land in the US every 6 months to maintain your permanent residency status. If you are unable to visit the US once every 6 months, contact a Step Global team member to discuss options.
Yes, a US green card holder is a US permanent resident. The EB-5 program is an Employment-Based permanent residency U.S. visa, also known as a green card which allows the holder to live in the US permanently.
Yes, you can become a US citizen if you get an EB-5 visa. You can apply for US citizenship after five years of being a permanent resident. As an EB-5 investor, this period begins when you receive your initial conditional green card.
In order to apply for US citizenship, you must stay in the US for two and a half years out of five years as a permanent resident or a green card holder. This is easy for students who are already studying in the US.
Generally, your application for US citizenship will be approved should you meet all requirements of the USCIS. However, under some circumstances, your application can be rejected. For instance, if you have been convicted of a high crime or did not spend two and a half years out of five years in the US.
A green card holder can live permanently in the US.
For those looking to immigrate to the US, you may find yourself overwhelmed by the choices and various routes by which you can obtain entry. There are visa programmes to cover different circumstances and choosing the correct option is paramount to your likelihood of a...
When it comes to immigrating to a different country, there are usually a lot of hoops to jump through. Often, there will be financial implications, a lot of paperwork, and in some cases waiting times that can exceed years. In many countries, these aforementioned burdens may...
The U.S. EB-5 Immigrant Investor programme is an immigration option for those wanting to gain permanent resident status in the U.S. via investment. Once all the stages of the process are complete- you, your spouse and any unmarried children under the age of 21...
A sunset provision could see the highly successful EB-5 program draw to a close at the end of June 2021. Previously, the EB-5 program formed part of a process by which Congress automatically renewed bills when a new budget was announced. Former President Trump’s...
As the sunset date draws ever closer for the EB-5 Immigrant Investor Program, its supporters have presented a reform bill to congress. The bill seeks a long-term reauthorisation of the program along with reformation in the interest of national security and fraud...
With the sun now set on the EB-5 Regional Center Program, immigration applicants will now look to other visa options for routes into the US. Two options that will now become increasingly popular are the E-2 and L-1 visas. They both provide options for entrepreneurs and...
