EB5 Visa Program Part 2: Applicant Requirements for a Successful Petition

Welcome to the EB5 Visa Program, your Pathway to US Residency. In this second of 2 articles from BAI Capital you will find answers regarding the EB5 Applicant Requirements.

EB5 Visa Applicant Requirements

1. Who can participate in the EB5 Immigrant Investor Program?

Individual investors seeking to establish permanent residency in the United States for themselves and qualified family members can apply to the program. Throughout it’s existence, investors from various occupations and different spheres of life have been accepted. This includes entrepreneurs, corporate professionals, retirees, and people like you, seeking a way to provide a more stable future for your family, and a better quality education for your children.

The EB5 Visa allows beneficiaries to exercise any legal activity in the United States. We recommend the EB5 program to all those who have these listed or related interests and/ or who wishes to become a permanent resident without actively managing a company.

 

2. Is the Green Card guaranteed for EB5 participants?

Unfortunately, there is no guarantee of obtaining the Green Card. It is not possible to guarantee a visa application or to advance the outcome of any application. The United States Citizenship and Immigration Service assesses each particular case before making their decision. However, unlike many VISA approval processes, the EB5 petition relies solely on facts.

The approval on the petition relies on 2 main points:
1. The supporting evidence on where the invested money originated, through an in-depth analysis of the source and path of the money;
2. The creation of new jobs in the project.

It is very important to invest in a feasible project. Not all EB5 projects and companies are created equal. BAI Capital, during more than 10 years assisting investors in various EB5 program projects, has achieved 100% petition approvals. Most of our projects have already created enough jobs to qualify before the immigrant investor comes in.

To best ensure your successful petition, we recommend that you present a well prepared application, analyzed by professionals with competence and experience in the EB5 process. The professionals at BAI are the best prepared to assist you in your process. Our experience has shown us that with the right EB5 project along with well-documented audit of invested funds, it is near impossible to not get approved.

 

3. Is the EB5 Visa Program available to investors from any part of the world?

Legally, yes. However, it is necessary to analyze each case: the tax and financial documentation of the applicant must validate a correct source of investment funds in order to process a request for the EB5 visa.

 

4. Who will receive the Green Card permanent residence?

You, your husband or wife, and your unmarried children under the age of 21. It is possible that your adopted children are also included in the family.

 

5. If I want to move to the United States and I invest with BAI Capital, will I have to live in Florida?

No you don’t. The EB5 Visa Program grants you permanent residency after successful petitioning. As such, you can live anywhere in the United States.

 

6. What information or documentation is needed to apply?

Two types of information are required.
A. Personal and Professional experience:

Complete biographical information is necessary for each applicant. It is necessary to include a curriculum with copies of university degrees and other educational certificates. Affiliations in professional organizations must be documented. With the exception of cases where you have inherited the funds, it will be necessary for you to present yourself as a successful professional or entrepreneur with a commercial, financial or family history, and explaining the accumulation of financial assets presented in the financial information. Provide as much documentation as possible regarding your career and achievements.

B. Source of funds:

Investment funds must come from a legal source. Legal sources of funds include: profits from the sale of a property, stocks or bonds, business profits, commercial transactions, gifts, and inheritance. To prove the origin of the investment funds, USCIS requires five years of tax returns, five years of bank records, proof of ownership in any companies, financial statements for each company, and commercial licenses. The idea is to present a history of an honest businessperson. If your capital came from a specific transaction, such as the sale of a house, inheritance or gift, you must prove that the transaction occurred by providing an official document, such as a closing statement, contract, or other official documents. Other documents may be required and vary from case to case. All documents included in the application must be translated into English using the affidavit format.

 

7. Is it required to have experience in business or education?

It is not necessary to have a previous business experience or to demonstrate a minimum level of education. The only requirement is that you actually have the investment capital required by the Regional Center that proves the origin and path of the funds are legal.

 

8. Do I need to speak English to become a permanent resident in the United States?

Speaking English is not a requirement.

 

9. Is it necessary to be in a good state of health to participate in the EB5 process?

Yes, it is necessary that those applying to the EB5 Visa Program perform a medical examination.

 

10. I was rejected earlier. Can I request a new participation in the EB5 visa program?

A past rejection does not disqualify the investor from re-applying for an EB5 visa, unless the reasons for the rejection are related to immigration fraud or other reasons of inadmissibility.

It is very important that all criminal, medical, or US immigration history issues are shared with the company that will deal with your process prior to registration with the EB5 visa program.

 

11. If my I-526 petition is approved by USCIS, do I need to conduct an interview at the American consulate?

The purpose of this interview procedure is to ensure that you and your family have undergone medical, police, security and immigration background checks before the conditional permanent resident visas are issued. In the interview, the consulate clerk can address these issues and other information with a summary of the nature of the immigrant investment.

If you are residing outside the US, you should wait for the US consulate to be notified in your home country to prepare documents for your visa interview. If you are in the United States, then you can request the adjustment of the status using the I-485 form and the supporting documents. The application may be submitted at the USCIS office.

 

12. After the approval of the petition to the EB5 visa program, can family members be interviewed in different countries?

Yes, family members participating in the EB5 program can be interviewed in different countries during the EB5 visa program process. For example, it often happens that a family member is located in another country, such as an enrolled student in a US school, in which case the student does not need to return to the country of origin. It is possible to participate in the process even when in the United States, directly in a USCIS office.

 

13. Do I have to permanently move to the USA once I receive my Green Card?

Once you possess the Green Card you need to live in the US for at least 186 days per year to retain it. But, if this is not possible, you may apply to what is called the Re-entry permit (i-131).
https://www.uscis.gov/i-131

 

We hope you found this article useful. If you would like to Read part 1: Process FAQs, click the link below.

EB5 Visa Program Part 1: Process FAQs for Your US Green Card