EB-5 Requirments FAQs
EB-5 REQUIRMENTS FAQ’s
1. Do I have to speak English?
No. However, do try to learn English as it will help in an immigration interview.
2. Do I have to be in good health?
Yes. You must have no communicable diseases and proper vaccinations.
3. Do I have to have previous business experience or education?
The investor is not required to have any prior business experience. Likewise, the investor is not required to demonstrate any minimum level of education. The only requirement for the investor is that he/she has the required net worth and capital. (Accreditations)
4. What does it meant that the investor’s assets be “lawfully gained”?
Under USCIS regulations, the investor must demonstrate that his assets were gained in a lawful manner. This requires the investor to prove his investment funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan or other lawful means.
5. Can money gifted by a parent or other relative be used for an EB-5 Investment?
Yes, provided that any applicable gift taxes are paid. It must be demonstrated that the gift is an actual arms length transaction and is not a mere ruse that the gifted funds will be given back after permanent resident status is granted.
6. Can I apply for an EB-5 if I have been rejected or terminated in the past by USCIS for an L-1, E-2, B, or other visas?
Rejection in the past does not disqualify the applicant, unless the reasons related to immigration fraud or other major problems. It is most important that all criminal, medical, or U.S. immigration history problems be disclosed to the Regional Center and legal counsel in advance of application.
7. Can I apply if I am currently without a valid visa?
Out-of-status nationals are no longer permitted to apply for permanent residency from within the United States. They must first return to their country of origin and apply through the United States Embassy. Examples of “out-of-status” individuals are students, tourists, and E-2 treaty investors who no longer have valid visas because they remained in the U.S. after their visas expired or were revoked.
8. Are there any countries excluded from eligibility for the EB-5 Visa program?
No, there are no countries that are directly barred from participating in the EB-5 Program, but there are countries that do require additional licenses in order to invest. Please consult with your attorney for further information.
9. Is dual citizenship allowed under this program?
Maybe. The U.S. allows dual citizenship, but your original country of origin may not allow it. You will need to investigate this.