FAQ
EB-5 Investment Visa Frequently Asked Questions
Answers to common questions about EB-5 eligibility, investment amounts, timelines, source of funds, and filing requirements.
The EB-5 Program is a permanent residency program administered by the United States Citizenship and Immigration Services (USCIS). This program is known as EB-5 for the "employment-based fifth preference" visa, which grants permanent residency (commonly referred to as a green card). Its primary purpose is to stimulate the U.S. economy by encouraging foreign capital investment in commercial enterprises that create or preserve U.S. jobs. Under the EB-5 Program, each investor is required to demonstrate that at least ten (10) permanent full-time jobs were created or preserved as a result of the EB-5 investment, with a minimum investment of $1,050,000, or $800,000 if the funds are invested in certain high-unemployment or rural areas.
In 1992, Congress enhanced the economic impact of the EB-5 Program by permitting the designation of regional centers to pool EB-5 capital from multiple foreign investors for investment in economic development projects approved by USCIS within a defined geographic region. This measure has been tremendously successful, and today, approximately 95% of all EB-5 capital is raised and invested by regional centers.
Through the EB-5 Program, foreign investors and their eligible family members are offered the possibility of lawful permanent residence in the United States. The EB-5 visa provides a direct and predictable path to achieving U.S. permanent residence (green card) and, in the future, U.S. citizenship.
The basic eligibility requirements for the EB-5 visa include:
- Investment Amount: Invest at least $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA.
- Job Creation: The investment must create or preserve at least 10 permanent full-time jobs for qualifying U.S. workers within time limits defined by USCIS.
- At-Risk Investment: The invested capital must be at-risk for the purpose of generating a return on the capital. There is no guaranteed financial return.
- Lawful Source and Path of Funds: Prove that the investment funds come from, and through, a legal and traceable source and path, such as income, sale of property, inheritance, or a gift.
- Conditional Permanent Residency: Initially, investors and their families receive conditional green cards, which are then converted into permanent green cards when the investment and job creation requirements are met.
Meeting these criteria is essential to qualify for the EB-5 Program. Investors are encouraged to discuss eligibility with their immigration attorney.
To qualify for an EB-5 visa, a foreign investor needs to invest at least $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA. Whether a census tract qualifies as a TEA, rural, or non-TEA is determined by statistical data issued by the relevant state departments and, ultimately, approved by USCIS in I-956F and/or I-526E adjudication.
A Targeted Employment Area (TEA) can be, at the time of investment, either:
- A rural area.
- An area that has experienced high unemployment, defined as at least 150% of the national average unemployment rate.
A rural area is any area other than an area within a metropolitan statistical area (MSA), as designated by the Office of Management and Budget, or within the outer boundary of any city or town having a population of 20,000 or more according to the most recent decennial census of the United States.
A high-unemployment area consists of the census tract or contiguous census tracts in which the new commercial enterprise is principally doing business, which may include directly adjacent census tracts, if the weighted average unemployment for the specified area is 150% of the national unemployment average.
A regional center investor may also choose to invest in a new commercial enterprise engaged in an infrastructure project. An infrastructure project is a capital investment project in a filed or approved business plan that is administered by a governmental entity and financed under the EB-5 Program to maintain, improve, or construct a public works project.
The majority of EB-5 investments are directed toward Targeted Employment Areas, which include rural or high-unemployment communities that welcome new capital investment intended to strengthen economic viability and vitality.
Projects that fall outside of those areas or project types are deemed non-TEA projects and are subject to the $1,050,000 minimum investment level.
Currently, Golden Gate Global's administrative fees range from $65,000 to $70,000, depending on the offering. The amount, purpose, and use of the administrative fee are disclosed in the offering documents and include the following:
- Regional center compliance and processing fees
- Fund preparation and operational costs, including legal, accounting, and administration
- Fund administration setup
- Marketing and promotional costs
- Investor Know Your Client (KYC) compliance and due diligence
- IRS, SEC, and USCIS compliance
- Recordkeeping and reporting
As of January 2024, the applicable fees are as follows. Please note that USCIS announced potential filing fee increases around January 31, 2024, to take effect on April 1, 2024, so refer to the USCIS website for the most recent fee schedule.
- Immigration attorney fees
- USCIS filing fee for the I-526E: $3,675*
- Certified translation services fee
- USCIS filing fee for the I-829: $3,750*
* After the I-526E petition is approved for the conditional green card, there might be other USCIS fees during the process depending on the family members involved. As USCIS adjusts filing fees occasionally, please visit www.uscis.gov for the most current fees.
To learn more about EB-5 visa petition filing fee increases starting April 1, 2024, read the article.
Yes, it is possible to use borrowed funds for the EB-5 Program. The borrowed funds must come from a lawful and traceable source. You must be able to demonstrate the legitimacy of the source of the borrowed funds to USCIS. Please check with your immigration attorney regarding source and path of funds questions.
To learn more about possible sources of funds for the EB-5 visa, please read the article.
In addition to any financial and project due diligence the investor may want to conduct on the project documents, investors should also retain an immigration attorney for their EB-5-related petitions. Investors may also consider additional services to assist their immigration process, and those services may involve separate fees.
Additional services and expenses might include:
- Translation and interpretation services
- Tax planning
- Other legal, tax, or accounting preparations
- Investor bank wire fees
- Services related to settling in the United States, including home buying and education planning
- Wealth management services
If you would like to learn more about these additional services, please let Golden Gate Global know.
With the guidance of your immigration attorney and assistance of Golden Gate Global where possible and applicable, the investor has the opportunity to appeal the decision. In the case of a final denial of your I-526E petition, the investor's capital investment may be refundable. Please refer to the specific offering documents for details on denial repayment terms.
Prior to the repayment of funds, Golden Gate Global will contact you to provide more information about its affiliated investment platform and reinvestment opportunities.
To learn more about EB-5 repayments, please read the article.
Form I-526E, officially titled the "Immigrant Petition by Regional Center Investor," is a crucial document in the EB-5 Program. This form is used by foreign nationals seeking to obtain a U.S. conditional green card through investment in line with the terms and conditions of the EB-5 Program. When an investor submits a Form I-526E, they are petitioning USCIS to confirm their eligibility for the EB-5 Program. Once USCIS approves the I-526E petition, the investor can proceed with the process and pave the way for lawful entry and residence in the United States.
Form I-829, officially titled the "Petition by Investor to Remove Conditions on Permanent Resident Status," is another significant document in the EB-5 Program. This form is used by individuals who have previously obtained conditional U.S. permanent residency through the EB-5 Program to request removal of those conditions. By filing Form I-829, the investor demonstrates to USCIS that the necessary investment and job creation requirements have been met and that the investment resulted in the creation of the required jobs, supported by relevant evidentiary documents. Once USCIS approves Form I-829, the investor becomes a U.S. permanent resident without further EB-5-related conditions.
Form I-485, officially titled the "Application to Register Permanent Residence or Adjust Status," is a form used in the United States immigration process. It is primarily used by individuals who are already in the United States on another non-resident status and want to apply for lawful permanent resident status, commonly known as a green card, without going through the U.S. embassy or consulate in their home country.
Form I-485 is used for various immigration categories, including family-based, employment-based, asylum, and the adjustment of status for certain individuals, such as those with approved Form I-526E petitions in the EB-5 Program. This form is a step in the process of transitioning from a temporary visa holder to a lawful permanent resident of the United States.
An important concept introduced by the EB-5 Reform and Integrity Act of 2022, commonly known as the RIA, is the ability of an EB-5 investor to file a Form I-485 petition before the initial EB-5 petition is approved, provided a visa is available. For new investors, this means a Form I-485 can be filed concurrently with the Form I-526E. For existing investors, this means a Form I-485 can be filed before the pending Form I-526 is approved. Included with a Form I-485 petition are applications for work authorization (Form I-765) and advance parole (Form I-131), allowing the applicant to travel internationally while the Form I-485 is pending.
The EB-5 Visa Process: Detailed Description
A step-by-step reference for consultation, administrative fees, required costs, disclaimers, and what to expect throughout the investment process.
During the initial stages of consultation, investor clients receive information about:
- The EB-5 project featured in the opportunity
- Background information about Golden Gate Global (GGG) and its regional centers
- General EB-5 facts, benefits, and procedures
- General information about the implications of having a U.S. green card
- Information about GGG affiliates, professional service partners, and related services
GGG does not provide immigration, tax, legal, compliance, or accounting advisory services. Investors should consult an immigration, tax, legal, compliance, or accounting advisor before engaging in transactions.
This table summarizes the terms of the EB-5 investment. However, the specifics of each investor's EB-5 investment are contained in their individual offering documents.
| EB-5 Investment Amount | USD 800,000 - 1,050,000 |
| Regional Center Administrative Fee | USD 65,000* |
| EB-5 Investment Duration | 5 years** |
* Amount subject to the terms and conditions of the specific offering documents.
** Subject to potential extension as defined in specific offering documents, EB-5 processing timelines, and visa backlogs.
- Regional center processing fees
- Fund preparation and operational costs, including legal, accounting, and administration
- Fund administration setup
- Fund management and legal fees related to redeployment of capital investment, if needed
- Investor Know Your Client compliance and due diligence
- IRS, SEC, and USCIS compliance
- Immigration attorney fees
- USCIS filing fee for the I-526E: $3,675*
- Certified translation services fee
- USCIS filing fee for the I-829: $3,750*
* After the I-526 petition is approved for the conditional green card, there might be other USCIS fees during the process, depending on family members involved. As USCIS adjusts filing fees from time to time, please visit www.uscis.gov for the most current fees.
Investors may also wish to engage other services to assist in their immigration process. These services would incur separate fees.
Additional expenses might include:
- Tax planning to reduce potential tax burdens
- Other legal, tax, and accounting preparation
- Investor bank wire fees
Please let the regional center know if you require these or other additional services.
With the guidance of its immigration counsel, the regional center will initially try to appeal the decision. In the case of a final I-526E denial, your capital investment will be refundable. Please refer to the specific offering documents for denial repayment terms.
Prior to the repayment of funds, GGG will contact you to provide more information about its affiliated investment platform and reinvestment opportunities.