Preguntas Frecuentes

The EB-5 visa is a U.S. immigration program that offers foreign investors and their families the opportunity to obtain permanent residency in the United States through a significant investment in an employment-generating business.

The investment requirement is USD 800,000, together with supplemental fees (including attorney’s fees, administrative fees and government processing fees) typically averages USD 910,000.

The process of obtaining U.S. residency with the EB-5 application works as follows: 1) Research and selection of the project. 2) Legal and Financial Advice. 3) Capital Investment. 4) Filing of the I-526 petition. 5) Review and Approval by the U.S. Citizenship and Immigration Services (USCIS). 6) Visa or Adjustment of Status application. 7) Conditional Residency. 8) I-829 Petition to Remove Conditions. 9) Approval and Permanent Residency. 10) Naturalization.

It is recommended that investors have the full investment amount required by the EB-5 program ready for investment, along with complete documentation demonstrating the legitimate sources of these funds. Insufficient investment amounts or incomplete documentation may result in the issuance of Requests for Evidence (RFE) or denials by USCIS, which may have detrimental effects to the investor’s case.

Yes, however, it is essential that you provide proof of the legitimate source from which you obtained this loan.

Yes, it is acceptable, as long as there is proper documentation establishing the relationship between the parties involved and the donor can justify the source of the funds used for the amount given.

Yes, it is possible for your spouse or child to be the principal applicant for the EB-5 visa. Many foreign nationals choose to have their spouse or child as the principal applicant by excluding themselves from the application. However, if a child is the principal applicant, the parents cannot be added later as dependents.

As the EB-5 investment is considered “risky”, there is no guarantee of receiving a full or partial refund. The goal of the investment is residency and a full refund.

EB-5 projects span a variety of business models and operate in a variety of sectors. Typical examples include hotels, residential buildings, mixed-use retail, sports stadiums, restaurants, farms, manufacturing, biotechnology and medical technologies, casinos, convention centers and office buildings. Investors can seek assistance from FINRA-registered EB-5 private placement consultants, who have access to a range of EB-5 projects and experience in assessing their reliability.

Los proyectos EB-5 abarcan varios modelos de negocio y operan en diversos sectores. Algunos ejemplos típicos son hoteles, edificios residenciales, comercios minoristas de uso mixto, estadios deportivos, restaurantes, explotaciones agrícolas, industria manufacturera, biotecnología y tecnologías médicas, casinos, centros de convenciones y edificios de oficinas. Los inversores pueden solicitar ayuda a los consultores de colocación privada de proyectos EB-5 registrados en la FINRA, que tienen acceso a una serie de proyectos EB-5 y experiencia en la evaluación de su fiabilidad.

Typically, investors expect to recover the full amount of the investment, along with a portion of the interest. The average interest rate ranges from 0.25% to 2% per annum and may accrue or be paid annually.

Investors applying for EB-5 from outside the U.S. must wait for their I-526 petition to be approved and a consular interview to be held before they can relocate to the U.S. The minimum expected timeframe is typically 2-3 years, although the new EB-5 Reform and Integrity Act of 2022 intends to reduce processing times.

Investors with a valid nonimmigrant visa can simultaneously apply for change of status through an I-485 application while residing in the U.S. The main advantage of applying for EB-5 within the U.S. is the ability to obtain immigration benefits such as work and travel authorization much sooner (less than 1 year on average) compared to investors applying from outside the U.S. However, it is important to consult with an immigration attorney before making any decisions in this regard. 

Yes, you may enter and leave the U.S. while your EB-5 visa application is under review. It is advisable to consult with your immigration attorney so that you are prepared with appropriate explanations if you are asked about your pending EB-5 petition at immigration checkpoints.

To maintain your status, as an EB-5 investor, you must meet the physical presence requirements imposed on all Green Card holders. If you anticipate being outside the U.S. for an extended period of time, you should work with your immigration attorney to file a Reentry Permit (Form I-327).

1) Investigación y selección del proyecto.
2) Asesoría Legal y Financiera.
3) Inversión del Capital.
4) Presentación de la petición I-526
5) Revisión y Aprobación por parte del Servicio de Ciudadanía e Inmigración de Estados Unidos (USCIS).
6) Solicitud de visa o Ajuste de estatus.
7) Residencia Condicional.
8) Petición I-829 para Eliminar Condiciones.
9)Aprobación y Residencia Permanente.
10) Naturalización.

Investors are eligible for the return of their investment funds at the end of the conditional Green Card period. Whether or not the project sponsor returns the investment funds depends on the success of the project and the repayment terms specified in the offering documents. It is crucial that investors conduct due diligence before making an investment decision.

No, the purchase of a house or apartment directly in exchange for an EB-5 visa is not permitted. The EB-5 program requires that the qualified investment remain “at risk” throughout the immigration process, with no guarantees of repayment of principal or property offered in exchange for the investment. If a project requires investors to purchase real estate within their project in order to qualify for EB-5, it is likely a fraudulent scheme.

This residency visa allows you to bring your spouse and unmarried children under 21 years of age with you.

A Rural Employment Area (TEA) is an area that, either because of its rural location or a significantly high unemployment rate, qualifies for a reduced minimum investment in the EB-5 program. If you invest in a project located in a TEA, the minimum investment is reduced from $1.8 million to $900,000. The goal is to incentivize investment in areas that could benefit most from economic development and job creation.

Yes, there is a key employment requirement in the EB-5 program: the investment must lead to the creation or preservation of at least 10 full-time jobs for qualified U.S. workers within two years of the investment. The jobs must be direct and new, or in the case of a distressed business, preserved.

There are several requirements in addition to the investment required at the immigration level, among them are some such as: job creation, participation in the project, legitimate funds, adequate documentation, investment risk, among others.

Almost any type of commercial business can be eligible for EB-5 investment, as long as it is a for-profit enterprise and is not a “passive” venture such as purchasing real estate for personal use. Common options include restaurants, hotels, medical centers, infrastructure projects and more. In addition, you can invest in a new or existing business, and in some cases, distressed businesses.

Changes in legislation affecting the EB-5 program can have a significant impact on both future and current applicants. These changes are reported to and discussed with the case attorney during the process.