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EB-5 Questions & Answers
Last 10 Questions
We are hearing that there are significant benefits for applicants in the US with a nonimmigrant visa applying for EB5 while on US soil. Can you please elaborate?
We are hearing that there are significant benefits for applicants in the US with a nonimmigrant visa applying for EB5 while on US soil. Can you please elaborate?
When can the investors file their I-526E applications?
We have clients holding a green card for over five years with a pending I-829 application. What is your suggestion for this group of clients?
What are some of the advantages of the RIA of 2022 for potential investors?
Can E2 visa holders use their existing business to apply for the EB-5?
Due to the recent financial troubles, they are worried about potentially failing projects after sufficient job creation. Can these clients proceed to file their permanent green card application and expect to be approved?
A list of EB-5 Projects from 2010-2013
EB-5 Immigration Process
The Department of Homeland Security proposes to adjust certain immigration and naturalization benefit request fees charged by USCIS
Behring Regional Center vs. Chad Wolf lawsuit
Can EB-5 application be transferred?
Can our client’s dependent child file the I-526 petition and then apply for the F-1 visa?
Can you comment on the best strategy following I-526 approval?
Dependents of EB-5 applicants of which countries are currently subject to "age-out" phenomena?
Due to the recent financial troubles, they are worried about potentially failing projects after sufficient job creation. Can these clients proceed to file their permanent green card application and expect to be approved?
EB5 application fail
For adjustment of status filing purposes, when can EB5 applicants who have approved I-526 petitions use Final Action Dates and when can they use Dates for Filing?
How can I split my $1 million investment between land purchase and working costs?
How can I stay in the United States for EB-5 if my J-1 visa will expire?
How do you determine if a candidate is subject to retrogression?
How does one make sure to demonstrate that the project is located in a Targeted Employment Area?
How long does it take to process each step of the EB-5 application?
If our client has an EB-2 application pending can they file for EB-5 and visa versa?
If the EB-5 project our clients invest in goes bankrupt, does that mean that they can no longer get a green card through this petition?
India retrogression status
Is it possible to transfer the EB-2 priority date to my EB-5 application?
Lately, we are getting many inquiries from investors temporarily residing in the United States.
Many of our clients are citing the lawsuit filed against the US Department of Homeland Security as the reason they should be waiting before moving forward with their applications
Minimum Age Requirement
Our clients are asking about the recent Politico article, published on March 18th
Our investors in the pipeline are asking why they cannot file their I-526 petition?
Our investors want to know when they can file a new I-526 petition.
Process of upgrade from E-2 to EB5
Question on Job creation asked during USCIS conference
Questioning on the rising of EB-5 fee?
Recent ruling of the DC Circuit Court of Appeals ruling on loans
Residency requirement
Residential envestment
Retrogression
Retrogression induced reinvestment risk
Retrogression Risk
Source of Funds for Inheritance
This past week, USCIS announced that they will no longer approve I-526 petitions on a first-in-first-out basis but rather according to the visa availability approach. Could you please elaborate on this very important change?
Total cost & expenditure for EB5
Waiting to receive communication from the National Visa Center (NVC)
We are hearing that there are significant benefits for applicants in the US with a nonimmigrant visa applying for EB5 while on US soil. Can you please elaborate?
We are hearing that there are significant benefits for applicants in the US with a nonimmigrant visa applying for EB5 while on US soil. Can you please elaborate?
We have clients holding a green card for over five years with a pending I-829 application. What is your suggestion for this group of clients?
We have Indian clients who are asking us if they should use the Final Action Dates chart.
What are some of the advantages of the RIA of 2022 for potential investors?
What exactly happened on December 3, 2021? Why is the Regional Center Program still closed?
What happens if a conditional permanent resident leaves the U.S. for six months?
What is the I-829 approval rate for the EB-5 program?
What major changes will the new rules bring once they become effective on November 21?
What would happen to the I-829, removal of conditions, application of our client if by the time of the filing of I-829 the required jobs were created but subsequently during the review process of the I-829 the project goes bankrupt?
When can the investors file their I-526E applications?
Where do we go from here? Any insights?
Will our investors be able to file their I-526 petitions now?
With the increased processing times, could you give us a sense as to how long will it take for our clients to get a conditional green card?
Would marrying a spouse born in a country that is not experiencing retrogression speed up the EB-5 process?
Other
Applicant profile for EB5
As a licensed Florida Real Estate Sales Associate, How and where may I lawfully get involved?
Can E2 visa holders use their existing business to apply for the EB-5?
Crypto mining as source of funds
Do I need to invest before the I-526 petition is filed?
Do the funds for EB-5 have to come from foreign sources?
Guaranteed investment
How are EB-5 funds usually returned after I-829 approval?
How are public-private EB-5 projects different?
How can a regional center administer an ongoing EB-5 project?
How can an EB-5 application be expedited?
How can an EB-5 investment be split between several businesses?
How can family members on different visas immigrate under EB-5?
How can I apply for EB-5 from outside my home country?
How can I change from E-2 classification to an EB-5 visa?
How can my fiance receive a green card through my EB-5 application?
How do investors become permanent residents if EB-5 is a visa program?
How does an EB-5 investor's family member adjust their status after I-526 approval?
How safe is an EB-5 investment?
How will a spouse's I-485 denial affect an EB-5 investor's I-829?
How will individual employees affect I-829 approval?
How will other EB-5 investors affect my own EB-5 application?
How would an EB-5 policy change affect submitted I-526 applications?
Immigrant visa versus non immigrant visa
Question on Direct investment asked during USCIS conference
Question on investment capital asked during USCIS conference
Question on retrogress asked during USCIS conference
Question on SEC involvement asked during USCIS conference
Source of funds
Source of Funds
Three general advices
What business ownership percentage is needed to qualify for EB-5?
What can an EB-5 investor do if they are dissatisfied with project progress?
What happens between I-526 filing and approval?
What is an Opportunity Zone? How can I take advantage of it?
What qualifications should an EB-5 immigration attorney have?
What qualifies as lawful source of funds documentation for EB-5?
What questions will be asked at the EB-5 consulate interview?
When is a purchaser representative needed in EB-5? What is a purchaser representative?
When is an EB-5 investor eligible for a U.S. passport?
When must a spouse be included on an EB-5 application?
Where can we live when immigrating through EB-5?
Why might an EB-5 application be returned from the NVC to USCIS?
Project Selection
Can a single family housing development of 100 to 140 homes qualify for an EB 5 Investment?
Criteria for project selection
How do I find the best EB-5 project in terms of investment?
Reinvestment risk
Return of investment criteria
Topic of expedited processing
We are hearing horror stories about EB-5 not being at the right spot in the capital stack. How much EB-5 is too much, how much is too little?
What areas in New York qualify for the $500,000 EB-5 investment?
What can be counted towards the $1 million investment requirement?
Which projects are marketing at $900k right now
Regional Center
All our clients are asking to give them a sense of the next reauthorization date of the EB-5 Regional Center program.
Why is the Regional Center EB-5 program not being reauthorized already?
A list of EB-5 Projects from 2010-2013
Can an EB-5 regional center be sold to a foreign entity?
change geographic and NAICS Category of a RC
Could you please elaborate on the current status of the Regional Center version of the EB-5 program?
Do investor funds need be reimbursed?
How should exemplar project changes be submitted?
Many things are happening in the market that could directly or indirectly affect existing or prospective EB-5 clients. Could you please give a brief synopsis?
Our clients are asking if we could summarize and clarify the newly announced redeployment rules for them.
Questions in regards to TEA asked during USCIS conference
Will USCIS continue to keep EB-5 Regional Center investor petitions in abeyance in the New Year?
Securities
Can we get some clarity on the newly expanded definition of Accredited Investor?
Stakeholder's Q/A
Are there any applications that are non-infrastructure or real estate related? - 3rd April, 2013
Are there any prohibitions with investors filing 2 or more I 526 petitions simultaneously? - 10th Sep, 2014
Are two I 924 A s required during sale of Regional Center? - 26th Feb, 2014
As an overseas agent/broker to what extent is one allowed to have an office to conduct operations in the US - 3rd April, 2013
As long as the business plan and economic report doesn't change when filing 526 but there are changes in security offering documents , will the USCIS defer to the already approved exemplar business plan and economic report? - 22nd April 2015
Can the job creating entity make a guarantee to the new commercial enterprise that the funds will be returned ? - 10th Sep, 2014
Can the jobs created out of bridge finance be applied to I 526 to be filed? - 26th Feb 2014
Can you explain what does USCIS expect to see a project is shovel ready?- 22nd April 2015
Can you get an exemplar I 924 filing in case where a state doesn't issue TEA letter without RC approval - 26th Feb 2014
Comment regarding the credibility of EB-5 program and processing time- 26th Feb 2014
Do the counties in Hawaii contiguous to each other but separated by water be considered considered contiguous with respect to Regional Center geographic area - 22nd April 2015
Does a Regional Center application seeking approval based on hypothetical projects require economic analysis with verifiable details? - 26th Feb, 2014
Does the impending retrogression and shifting of job creating window put pressure on to escalate discussions of changing the way visa numbers are calculated? - 10th Sep, 2014
Does USCIS provide I 829 application receipt in the name of the spouse of the applicant ? - 10th Sep, 2014
Guidance requested for RCs looking to sponsor projects outside their geographical area without amendment - 10th Sep, 2014
How can a conditional legal permanent resident apply for adjustment status? - 10th Sep, 2014
How far back one needs to go back to prove the lawful source of funds? - 22nd April, 2015
How is contiguous area determined with respect to Regional Center geographical area? - 26th Feb 2014
If all the promotion and sales of an investment is done overseas, is US brokers license required? - 3rd April,2013.
Is it possible for an EB-5 investor to fulfill their job creation requirement if the project's construction has been completed prior to the day I 829 is filed? 10th Sep, 2014
Is it possible when you indicate processing times with respect to I 924 to differentiate between hypothetical, actual, exemplar and 924-A amendments? - 10th Sep, 2014
Is the information collected from I 924 A still used for research analysis for compiling statistics - 26th Feb 2014
Is there a policy that prevents the combination of one or more projects that would not independently meet the ratio of 10 US jobs per investor? - 10th Sep, 2014
Is there a way to issue to notice the EB-5 community about the policy issues being evaluated-10th Sep, 2014
Is there any efficient USCIS mechanism for suspension or termination of a Regional Center - 22nd April 2015
Is there any kind of supervisor review before RFEs go out? - 22nd April 2015
Question about action taken when Securities law violation is found in a Regional Center - 16th Oct, 2012
Question about efficiency with regard to I 526 adjudication process - 10th Sep, 2014
Question about investment company Act, safe harbor issue , Reg S and Reg D - 3rd April, 2013.
Question about Regional Center loan model structure - 22nd April, 2015
Question about requirement for construction time in portfolio projects - 10th Sep, 2014
Question asked by Edward Beshara regarding processing time of Regional Center Approval - 16th Oct, 2012.
Question concerning Supreme Court's Morrison decision - 3rd April, 2013.
Question dealing with denying of approval of I 829 - 10th Sep, 2014
Question in regards to dependent inclusion notices that accompany the I 829 receipts - 10th Sep, 2014
Question is related to the loan proceeds scenario - 22nd April 2015
Question on amendment of statute of designation process of a Regional Center - 16th Oct, 2012
Question on applications on file beyond the normal processing time - 10th Sep, 2014
Question on approval of projected jobs with respect to hospitality and tourism sectors - 16th Oct, 2012
Question on attorney exclusion and how it would affect immigration attorneys and their offices - 3rd April, 2013.
Question on collaboration between IPO and AAO and the amount of communication that occurs between the two when a case is under review - 22nd April, 2015
Question on cut-off date with respect to derivative children about to turn 21 - 10th Sep, 2014
Question on definition of capital including promissory note - 22nd April, 2015
Question on determining a new company formed after Nov 29, 1990 as a new commercial enterprise- 26th Feb, 2014
Question on EB-5 program predictability and reliability - 22nd April 2015
Question on how long bridge financing can be in place. - 22nd April 2015
Question on investment from proceeds of loan - 22nd April 2015
Question on new policy memo - 22nd April 2015
Question on non-communication of specific policy with regard to Regional Centers submitting amendments - 16th Oct, 2012
Question on offshore broker/dealers setting up offices in the US and soliciting issuers - 3rd April, 2013
Question on potential new regulations under the Jobs act - 3rd April, 2013
Question on processing time for Regional Center and status check - 16th Oct, 2012
Question on processing time of I 526 - 10th Sep, 2014
Question on redeeming the investment by the developer/general partner - 26th Feb, 2014
Question on Regional Center petitions being processed by same adjudicators - 10th Sep, 2014
Question on requirements for what is needed to prove capital - 22nd April 2015
Question on retrogression - 10th Sep, 2014
Question on source of funds as to how far back does one need to go back to prove the same - 22nd April,2015
Question on source of funds regarding using loan proceeds as qualifying capital - 22nd April 2015
Question on specific changes allowed after I 526 - 22nd April 2015
Question on sustaining investment and the implications - 16th Oct, 2012
Question on sustaining investment during 2 year conditional residency period -22nd April 2015
Question on the release dates of IG reports on economic value of EB-5 -10th Sep, 2015
Question on the USCIS approval for project which doesn't have enough information to file exemplar I 526 - 26th Feb,2014
Question on time for adjudication of Exemplar petition for shovel ready project - 16th Oct,2012
Question on USCIS deference policy - 16th Oct, 2012
Question on visa retrogression and freezing the derivative child age - 22nd April 2015
Question on what the new EB-5 regulations entail - 10th Sep, 2014
Question on whether any changes would be made regarding long I 526 processing times - 22nd April,2015
Question on whether loan given as a gift by the family member used for investment, be considered as indebtedness - 22nd April 2015
Question on withdrawal of I 526 applications and replace them with their children's - 10th Sep, 2014
Question regarding clarification on sale of Regional Center - 26th Feb, 2014
Question regarding distinction between loans that are not qualified as EB5 capital vs third party loans - 22nd April, 2015
Question regarding EB-5 funds from escrow being released by RCs to projects prior to adjudication of I 526 petition - 10th Sep, 2014
Question regarding escrow and hold backs - 10th Sep, 2014
Question regarding filing tip discussed during the conference - 26th Feb, 2014
Question regarding general subscription agreement of a RC with a management fee - 10th Sep, 2014
Question regarding guest expenditure - 26th Feb, 2014
Question regarding investment and the related job creation - 16th Oct, 2012
Question regarding investment dealing with bank notes bought directly from the bank. - 3rd April, 2013.
Question regarding lacking a specific address prior to investment is capitalized, when filing an I 526 - 10th Sep,2014
Question regarding maintaining investment for I 829 purposes - 26th Feb 2014
Question regarding material change/error issue with respect to deference policy
Question regarding obsolete TEA letters - 26th Feb, 2014
Question regarding operation of Regional Center out of its approved geographic area - 26th Feb, 2014
Question regarding premium processing of I-526 - 16th Oct, 2012
Question regarding release of escrow funds to projects as soon as possible after filing I 526 petitions - 10th Sep, 2014
Question regarding solicitation by the agents abroad for the EB-5 projects - 3rd April, 2013
Question regarding tenant occupancy - market analysis specific to tenant - 26th Feb, 2014
Question regarding tenant occupation - 16th Oct, 2012
Question regarding the four-digit NACIS Code request - 16th Oct, 2012
Question regarding two and half year period of job creation - 10th Sep, 2014
Question regarding wiring of funds by Chinese investors - 10th Sep, 2014
Question related to evidence of source of income - 26th Feb, 2014
Question relating to evidence at I 829 stage - 26th Feb, 2014
Question relating to exemplar petition for the new project of Regional Center - 22nd April 2015
Question relating to period of time between I 526 approval and I 829 submission - 10th Sep, 2014
what is an objective mistake of fact or law that eliminates deference? -26th Feb, 2014
what is the standard for determining the geographic range of a Regional Center? - 26th Feb, 2014
What is USCIS is planning to do to combat the security law violation and fraud committed by RCs in India and China? - 10th Sep, 2014
What limits on bridge financing should investors know about? - 26th Feb, 2014
What portion of all the applications USCIS have is from $1 mn investments? - 22nd April 2015
When an NCE has 2 office locations, one in the TEA and the other outside TEA, will the latter count towards job requirement? - 10th Sep, 2014
Whether a promissory note given to an NCE could be qualifying capital? - 22nd April, 2015
Will USCIS accept a TEA constructed from an aggregation of census tracts using the prescribed Bureau of Labor Statistics methodology from the individual investor? - 26th Feb, 2014
With respect to indebtedness, what sort of evidence does USCIS want to see when evaluating if the value of securities is sufficient - 22nd April 2015
Tax
Global tax liability
Sources of money fro EB5 investment
When do our EB-5 investor clients start paying tax to the US?
US EB-5 Program v. Canadian Investment Visa Program
Valuation
Question in Economic Impact Report asked during USCIS conference
Visa Selection Process
Advise for Chinese EB-5 investors
EB5 vs E2
Our clients with pending I-526 applications want to know whether they could apply for an E2 visa while their immigrant intent EB-5 petition is pending.
Our investors from China, Vietnam, and India are asking whether there exist any alternatives to EB5
The big news in immigration this week was that Iranian nationals are no longer eligible to apply or extend their existing E2 visas.
The most significant immediate Biden Administration immigration and international travel related actions
Securities Disclaimer
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