Regional Center Fund of America | Frequently Asked Questions
eb-5 faq, eb-5 frequently asked questions
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Frequently Asked Questions

EB-5 Program

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How long does the EB-5 process typically take?

In theory the EB-5 process should only take three years. In practice, however, the entire process from beginning to end takes closer to five years.

Is my family able to come with me?

Yes, your spouse and unmarried children under the age of 21 may be admitted to the U.S. with you on a two-year conditional period.  If your I-829 petition to remove conditions is approved,  the conditions will be removed from your spouse and children’s Green Card status.  As a lawful permanent residents (Green Card holders) your spouse and children will be authorized to work or attend school in the U.S.

Is the minimum investment $1 million or $500,000?

The answer to this question depends entirely on the location of the project. If the project is located inside a Targeted Employment Area (TEA), then the minimum investment amount is $500,000. If the project is not located inside a TEA, then the minimum investment amount is $1 million.

What is the exact definition of a Targeted Employment Area (TEA)?

A Targeted Employment Area (TEA) is an area that, at the time of investment, is either: (1) experiencing unemployment of at least 150 percent of the national average rate; or, (2) defined as a rural area.

Economic Methodologies

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What are the most common and established economic methodologies?

The three most widely used and accepted models for EB-5 economic impact analysis are RIMS II (Regional Input-Output Modeling System), IMPLAN (Impact Analysis for Planning), and REMI (Regional Economic Models, Inc.).

May a Regional Center use funds from EB-5 investors to acquire real estate?

In general, yes, subject to the requirement of Matter of Izummi, 22 I & N Dec. 169 (Comm’r 1998), that the “full amount of money must be made available to the business(es) most closely responsible for creating the employment upon which the petition is based.”  For example, a job-creating enterprise may propose to allocate some EB-5 funds to purchasing land and allocate other EB-5 funds to developing and operating a business on the purchased land, and the jobs created by the enterprise can be apportioned among all the EB-5 investors.  It is important to note, however, that real estate acquisition is not generally recognized as a job-creating activity in and of itself.  Thus, it is not generally reasonable to treat funds spent on real estate acquisition as inputs to an employment impact model.

I-526 Petitions

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What is the I-526 application process?

First, file Form I-526, Petition by Alien Entrepreneur

 

Upon approval of Form I-526 petition, either: (1) File Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to a conditional permanent resident within the United States; or, (2) File DS-230 or DS-260, Application for Immigrant Visa and Alien Registration, with the U.S. Department of State to obtain an EB-5 visa for admission to the United States.

 

Upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa, the EB-5 investor and derivative family members will be granted conditional permanent residence for a two-year period.

I-829 Petitions

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What is the I-829 application process?

You must file Form I-829, Petition by Entrepreneur to Remove Conditions, 90 days before the two-year anniversary of the granting of the EB-5 investor’s conditional resident status (Green Card).

 

If USCIS approves this petition, the conditions will be removed from the EB-5 applicant’s status and the EB-5 investor and derivative family members will be allowed to permanently live and work in the United States