What are some of the benefits of the EB-5 Visa program?

  • No age maximum; the investor must be a minimum of 21 years old.
  • No requirements as to language abilities, business experience, or education.
  • Qualifying investors, their spouses and children under the age of 21 will be granted lawful U.S. residence.
  • Education benefits for your children, including admission to universities as a U.S. resident.
  • Investors and family members may reside and be employed anywhere in the United States.
  • The EB-5 program does not require immigrant investors to be involved in the day-to-day operations of their investment.

Can money gifted by a parent or other relative be used for an EB-5 investment?

Yes; however, a bona fide gift from a family member must be properly documented, and any applicable taxes must be paid.

Is the investor free to travel after obtaining conditional permanent resident status?

The investor is free to travel in and out of the United States subject to the rules generally applicable to permanent residents.

What is included in calculating the investment amount?

  • The entire amount of the investment need not be in cash.
  • Assets transferred to the U.S. investment can be included at fair market value.
  • Debt can be included in the required minimum investment amount, but only to the extent that the debt is secured by assets owned by the investor, and the investor is personally and primarily liable.

Is my investment guaranteed?

No; the law requires that your investment be at risk.

What are my risks?

The underlying principal of any investment program is that they do what they can to minimize risk. Any investor should carefully consider the risk factors of any investment and consult their own legal, real estate, and financial advisors before making a final decision.

Where can I find a copy of the relevant EB-5 law and regulations to review?

You can go to the U.S. Citizenship and Immigration Services website (www.uscis.gov), and type "Immigration Through Investment" into the search feature. This will provide most of the updated information you need.

May I apply if I have been previously rejected by the USCIS for any other Visa Application?

Unless the reasons for your previous denial were for immigration fraud or another significant problem, you are not disqualified from applying for the EB-5 Pilot Program. However, if there are significant issues relating to medical or criminal matters, these should be disclosed prior to filing your application.

Does an investor need an immigration attorney to process the I-526 petition?

Yes. It is recommended that an investor obtain legal counsel for filing their immigration petition. Serge Bauer, P.C. has several years of experience with the EB-5 Immigrant Investor Program, and will provide you with all the necessary immigration legal services.