Top FAQ’s of the EB-5 Program | May 2022

Jun 1, 2022

The EB-5 Immigrant Investment Visa Program is an American USCIS government project created in 1990 that allows foreigners and their families to obtain permanent residence in the United States through an 800,000 USD investment in the country.

When approved, the visa bestows conditional permanent residency. It is valid for 5 years, then followed by eligibility for US Citizenship.

Between 2008 and 2021, the EB-5 Program generated $37.4 billion in foreign direct investment to create and retain U.S. jobs for Americans, all at no cost to taxpayers.

So, today we will answer your top questions regarding the EB-5 Program, to help you decide if it is right for you.

Let’s go!



EB-5 FAQ’s

What are the main updates to the EB-5 Reform and Integrity Act of 2022?

– more transparency, security, and accountability for YOU

Investment amounts lowered to 800,000 USD from 900,000 USD over the last 2 years

For projects located in targeted employment areas (TEAs), the minimum investment amount will be increased to $800,000. For projects not located in TEAs, the minimum investment amount will be $1,050,000.

Eligible investments projects are screened, audited, and tracked

Regional centers will be required to file annual compliance certifications, which will include statements of compensation paid to agents, finders, or broker-dealers along with their contact information.

An EB-5 Integrity Fund will be established to provide for monitoring, investigating, and ensuring compliance with the program.

You are now allowed access to ongoing progress in the project you invest in

Through the new EB-5 Integrity Fund, all EB-5 project statuses will be accessible via USCIS and DHS databases to provide full transparency for all stakeholders.

The EB-5 Program is re-authorized, locked in, and renewed for 5 years

The investment amounts – and program – will stay fixed for 5 years, until 2027, when they will be raised by USD 50,000 per year according to inflation.


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What are the current wait times for Green Card approval with the EB-5 Program?

To apply for US temporary residency with Form i526, wait times are currently in the 1.5-2 year range for application processing.

Processing of Form i829 which follows and removes conditions on permanent resident status is in the range of 2.5 years and up, depending on the country of filing.


Tell me more about concurrent filings with other visas

Adjustment of Status

With I-526 petitions, concurrent adjustment of status filings of I-485 filings are allowed which means applicants currently in the US on F1 student visa, OPT, H-1B work visa, L-1A managerial visa, and other non-immigrant visas can apply for and get Employment Authorization Document (EAD) and Travel Document (TD) in 90-120 days of applying for EB-5, and thus become free to work anywhere without employer sponsorship.


What are the continuous residence and dual residency allowances with the EB-5 Green Card?

From the USCIS website:

Applicants are required to show that they have resided continuously in the U.S. for five years before applying for naturalization.

“Continuous residence” means that the applicant has maintained residence within the United States for the required period shown above.

Extended absences outside of the U.S. may disrupt an applicant’s continuous residence.

Absences of more than six months but less than one year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise

Our advice is to consult with your immigration lawyer; the general rule of thumb is that absences of less than 6 months per year are permissible during the path to citizenship.


How does the EB-5 Program work for my spouse and dependents?

One of the main attractions of the EB-5 Program is that when an individual applies, his/her spouse and dependents under 21 years old are eligible to receive a Green Card as well.


Key takeaways from the updated EB-5 Visa Program

The EB-5 Immigrant Investor Visa Program continues to be a viable pathway to US citizenship. Foreign investors can invest in US development following the USCIS regulations and then become eligible to apply for their US Green Card for themselves, their spouse, and their children…

Contact us to learn how BAI Capital offers this immigration opportunity through our exclusive American property developments.

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