HOW LONG DOES IT TAKE TO GET AN EB-5 GREEN CARD?

The entire process generally takes about 8-12 months, depending on where the Green Card processing occurs. Prior to filing the I-526 petition, time is required for the client to conduct a due diligence, obtain source of funds documentation, and make the investment. I-526 adjudication currently takes about 6 months.
Generally, after the I-526 is approved, if an individual is in lawful status in the U.S., he/she can apply for Adjustment of Status to Conditional Residence which currently takes about 12+ months. If not in the United States, he/she will apply for an Immigrant Visa at a home country Embassy or Consulate, which typically takes about 6 months or longer depending on the country. Times may vary depending on the facts of each case.

HOW MANY EB-5 GREEN CARDS ARE AVAILABLE?

Almost a third of the 10,000 EB-5 Green Cards (3,000) are set aside for qualifying immigrants who participate in an EB-5 Regional Center program that primarily targets designated high unemployment areas across the United States.

WHAT IS AN EB-5 GREEN CARD?

The Immigration Act of 1990 established the EB-5 Immigrant Investor Visa Program to create U.S. jobs by attracting foreign capital to the United States. Every year 10,000 EB-5 Green Cards are available. There is no quota waiting list for EB-5, unlike H-1B and H-2B nonimmigrant visa classifications, and most EB-2 and EB-3 immigrant classifications where the demand far exceeds the supply. 
Almost a third of these 10,000 EB-5 Green Cards (3,000) are set aside for qualifying immigrants who participate in an EB-5 Regional Center program that targets high unemployment areas across the United States.
The EB-5 Green Card program has three basic requirements:

• The alien must establish a U.S. business or invest in an existing business that was created or restructured after November 19, 1990.
  
• The alien must have invested $1 million (or only $500,000 when investing in a Targeted Employment Area) in the business.
  
• The business must create full-time employment for at least 10 U.S. workers.
  

WHAT IS THE “REGULAR” EB-5 PROGRAM?

 In order for an applicant to qualify under the EB-5 Regular program, the following three basic requirements must be met:

• Investment in a new commercial enterprise.
  
• Investment of at least $1 million (or $500,000 in certain cases) into the business, and creation of employment for at least 10 full-time U.S. workers.
  

The investment may consist of various forms of capital, such as cash (including a gift or loan), equipment, inventory, property, and other tangible equivalents. An investment amount of $1 million is generally the minimum. However, $500,000 is acceptable if the business is situated in a “targeted employment area” (TEA), i.e., one that has experienced unemployment of at least 150 percent of the national average rate or a rural area.

WHO QUALIFIES FOR AN EB-5 GREEN CARD?

Qualified EB-5 candidates must be able to invest either $1 million or $500,000 in a U.S. business, depending on the program selected. Ideal EB-5 prospects include but are not limited to:

• Parents who seek a U.S. education for their children, but do not want to be actively involved in business management
  
• F-1 student who wants to start a business
• Entrepreneurs
• CEO/Managers of a U.S. company who are not an L-1 transferee
• Doctors who have not passed USMLE 1, 2 and 3
• Foreign national investors in a U.S. business who do not want to be active in the business
• Individual owners of a non-U.S. business who want to set up a U.S. business, but who cannot use an L-1 because owner intends to close the foreign business