EB 5 Visa Investment Amount
To become eligible for the visa, you are required to make a minimum investment depending on your chosen investment option.
Two investment options are available:
Direct Investment. A minimum direct investment of $1.05 million in a U.S. commercial enterprise outside of the TEA.
TEA Investment. A minimum investment of at least $800,000 in a Targeted Employment Area (TEA), which is a rural or high-unemployment area.
Your investment can be in the form of cash, tangible property, equipment, inventory or cash equivalents. Further, you can also invest in an existing business orbuy one or even establish a new business.
Form I-526/I-526E Filing Fee
The first step after transferring the investment amount into the project is filing an I-526 petition (single investor), or an I-526E petition (regional center investment) with the USCIS (United States Citizenship and Immigration Services). These petitions will include evidence on the investment, lawful sources and path of funds, job-creation projections and nature of the business.
The filing fee for the I-526 and I-526E each is $3,675.
As per the EB-5 Reform and Integrity Act of 2022, regional center investors must also send an additional $1, 000as part of filing their I-526E for the Integrity Fund. This additional EB5 visa cost doesn't apply to an amended request.
Consular Processing or Adjustment of Status
The step after the I-526 or I-526E approval is applying for an immigrant visa - conditional green card - through consular processing or adjustment of status (if in the US on a non-immigrant visa or other valid status).
For consular processing, which is done through the National Visa Center, the immigrant visa processing fees payable per person is $345.
If the investor is in the US in a lawful status, such as an H-1B or F-1, he or she can file the I-485 form with the USCIS- for adjusting status from a non-immigrant to that of permanent resident. Each person of the investor’s family has to file their own I-485 individually and the filing fee for the form is $1,140 and $85 for collection of biometrics.
Form I-829 Filing Fee
Upon approval of your EB5 Visa, you acquire a conditional permanent residency for 2 years. You would need to file a Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) within the last 3 months of the 2-year validity to remove the conditions to become a permanent resident. The filing fee for this form is $3,750 along with $85 fee for biometrics.
Legal Fees of an Immigration Lawyer
If you decide to hire an immigration lawyer, legal fee can be included as part of your EB5 visa cost. While hiring an immigration lawyer is not mandatory, we strongly recommend hiring one as they will help you navigate the often very complex EB-5 process, make it easier and smoother for you and help increase your chances of approval.
Regional Center Administration Fees
Regional centers are designated service agents by the USCIS, qualified to receive EB-5 investments from investors. In an EB-5 regional center investment, the investor will invest in a pre-prepared investment structure where the regional center has established a new commercial enterprise.
Since it's already pre-prepared, the regional center investments require administrative fees which would cost $50,000 USD to $70,000 USD. If you're planning to hire a lawyer, there might be lower legal fees as compared to a direct investment as there is typically ess work.
The filing of an I-526 or I-526E petition is the first step to obtaining an EB-5 Visa. However, as per the EB-5 Reform and Integrity Act of 2022, regional center investors must also send an additional $1, 000 USD as part of filing their petition. This additional cost doesn't apply to an amended request.
Business Plan Costs
If you chose the option to make a direct investment, then you'd need to attach a business plan along with your I-526. Generally, this would cost you $3,500..
Business Entity Formation
If you choose to make a direct investment, you also have the option to establish a new business. Working with an experienced professional or a lawyer is essential in the formation of a business entity, fees for which can vary based on your service provider.
The application process involves a lot of documents ranging from personal, source of funds to project documents. Documents written in a foreign language must be translated into English, and the translation fees may again vary depending on your service provider.
Direct Investment Costs
In a direct investment, the investors structure the investment themselves so there's no additional administrative fee to be paid. However, there can be professional fees borne by the investor to ensure compliance with the EB-5 program, such as legal fees, business plan writing fees, economist fees, and third-party reporting fees among others.
The investor is responsible for obtaining their own TEA report, which can cost from $500 to $1,000 USD. Moreover, the investor is also responsible for obtaining a business plan that complies with the EB-5 Visa requirements. This additional cost could range from $2,500 to $10,000 USD, depending on the nature and structure of the business. There can be more costs, if it would be supported, for example, by market research.
While not mandatory, seeking a legal consultation or advice from an immigration attorney can help ensure that all aspects of your direct investment are compliant with the EB-5 program. You might also need advice from other types of lawyers in some aspects. For example, you might need the help of a corporate attorney if you're planning to establish a new business.
Travel and Relocation Costs
Since you'll be granted a conditional permanent residence, you should also factor in applicable travel and relocation costs including the multiple trips in and out of the U.S. or where you'll stay.
An EB5 investor should also take into account tax considerations for the duration of the EB-5 program:
Since you'll become a permanent resident, you will be subject to income taxes on your worldwide income. Moreover, you must report and pay taxes on any income received from your investment.
Capital Gains Tax
If you sell your investment, you may be subject to a capital gains tax. The tax will depend on the period that the investment was held and the amount of the gain.
Once you've become a U.S. citizen and you've acquired properties along the way, your estate may be subject to an estate tax once you've passed away.
Local and State Taxes
You may be also subject to local and state taxes, aside from federal taxes, depending on where you live.
Pointers to Minimize EB5 Visa Expenses
An application for an EB5 Visa can get costly as you'll have to think about the minimum investment amount and the rising application fees. However, there are several points you can follow to minimize your expenses:
The EB5 process can be extensive, so planning and budgeting for your application process ahead is crucial if you want to minimize your expenses. This can help you avoid last-minute expenses or unexpected fees.
Research investment opportunities
Before investing, you should conduct a thorough research on every investment opportunity to ensure its legitimacy and its success rate. This minimizes the risk you would take when investing, which can get costly.
Consider investing in a targeted employment area
Investing in a TEA reduces the minimum investment significantly. From $1.05 million USD, you're just required to make a minimum investment of $800, 000 USD.
Look for cost-friendly regional centers
If you're planning to invest in a regional center, you can look for ones that have low fees but still a high success rate. This ensures that you shell out less money while still having a high chance of success.
Hire an immigration lawyer
While hiring a lawyer can add to the costs, they can help reduce the overall costs you have to pay in the long run as lawyers can ensure that your application is complete and accurate, which lessens the chances ofcostly mistakes or delays. Moreover, they also increase the chance of your application getting approved.
Here at Davies & Associates, our pool of experienced immigration lawyers can help you not only minimize the costs associated with your EB5 visa process but also increase the chances of an approval
You can expect to get or receive your money back once the developer successfully develops and executes the development project if you've invested through regional centers.
Take note that you made an equity investment in the NCE that's making the loan. Thus, the repayment of your investment depends on the repayment of the loan by the JCE and the liquidation of the NCE by the manager.
Generally, more secured investments give 1% to 3% of the rate of return.
Yes, you can take a loan to fund your minimum investment. There are different funds which you can source your investment from such as salaries and wages, gifts, and inheritance among others. What's required is that you prove that the funds were from a legal source.
You can also check out more about the EB5 visa program here.
Aside from loans, there are other eligible sources of funds including gifts, inheritance, and even divorce settlements among others. All of these require supporting documents to prove that they are legal.
For example, you can provide proof of inheritance, probate court proceedings or property settlements of the deceased to prove inheritance.
The rule of thumb is simply that the documents must prove that the source of funds is legal. You should submit as many supporting documents as possible relating to your source of funds.
It is preferred that you open a U.S. bank account where you can transfer funds. After that, the funds are transferred into an EB-5 Escrow Account which an Escrow agent receives, holds, and then disburses as mutually agreed upon release conditions between you and the EB-5 issuer.
Yes, as long as you meet the requirements such as that the investment must be "at risk" and that you create at least 10 new full-time jobs for qualified U.S. workers, the EB-5 program can work for you either in attaining your immigration plans or investment goals.
The costs for an EB-5 Visa depend on various circumstances. You have two investment options: 1) a direct investment which costs at least $1.05 million or 2) an investment to a TEA which costs at least $800,000..
Moreover, additional fees and costs depend on where you file your petition, whether you're investing in a regional center, administration fees, petition filing fees, legal fees, taxes, relocation expenses, and document translation among others.
Generally, you will be subject to federal, state and local taxes on your worldwide income depending on where you live. We suggest consulting with a tax professional to understand your other tax obligations which may arise from your various transactions during your stay in the U.S.
The EB5 visa allows an investor to become a lawful permanent resident of the U.S.,
You are initially granted a conditional permanent residency status, before the expiry of which you can apply to remove conditions by filing the I-829 after whichTthe permanent green card is issued From then, you and your dependent family members can permanently live and work in the U.S. You have the option to apply to become U.S. citizens 5 years from the date you received your initial conditional residency status.
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I had the pleasure of working with Verdie and Nessa to obtain my E2 Visa. Their in-depth knowledge and experience allowed me to be fully prepared in my application and they were able to answer all questions leading up to the Visa interview.
Verdie was an amazing attorney, providing exceptional client care throughout the process. He had a great depth of knowledge in all areas on business visas in the US.
Thanks to them for handling my E2 visa very professionally. I had a study visa from F1 and changed it to E2. I encountered many problems during the application process. Verdie and Etta were very patient in helping me and it took a long time. I highly recommend this place.
I had a great experience with Davies & Associates. They are very thorough in the approach and their have experts in this field who know the domain very well.I would certainly be leaning onto them for any future needs as well.
everyone helped me alot in my application especially Verdie and Etta and mark. answered all my questions, prepared my application very organised. EXCELLANT TEAM.
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand.Individual seeking 'Impossible' TN Visa
D&A was very detail-oriented and was very thorough in what they did” L1 Visa Client. There was a lot of work on my case and worked on it 24/7 and was very patient answering all my questions.E2 Visa Client
My case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.E2 + CBI Client
D&A was my guiding light through the entire EB5 Process.EB5 Visa Client
I would definitely be a big advocate for the rest of my life for anyone wanting to explore the Grenada Citizenship by Investment Programme leading to the E2 Visa. The most important thing is a good team behind you.. with Davies & Associates you’re in safe hands… you need someone who can give you all the support at the ground level and, again, you are well take care of by D&A. The people are really warm, very helpful and quite openminded when it comes to business… Not to mention as a passport it’s great from a travel perspective…It’s just 4/5 hours from New York.Grenada CBI + E2 Visa Client
The entire process of getting an EB5 visa is handled in a professional way by Mark Davies and his team. EB5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H1B route for my children, but it became unreliable and so I looked to the EB5 Visa instead. It is great for anyone who has the resources. Mark gives you the first meetings himself which gives you great comfort. Both Mark and Sanjay are abundantly available and I even had the pleasure of hosting them at my house.Parent of 2 EB5 Visa Holders
I'm in a process of extending my L1 visa. I submitted a few questions regarding my case and he contacted me back almost immediately both by e-mail and telephone. Unlike other attorneys I met before, he gave me the impression of knowing from the top of his head what kind of visa I have, and what actions had to be taken to extend it. He is very thorough and clear regarding the process and what to expect in terms of timelines and issues that may arise. He is constantly in contact, so you definitely know he's working on your case.L1B Visa Holder
Mark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer.E2 Visa for Small Professional Business With International Offices
Davies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in an highly professional manner, working with the relevant US embassy, US immigration and the governments of two other countries. As a result of their efforts the individual involved is now working in the United States. While their knowledge of the law is exemplary what really distinguishes this firm and attorney Davies from any other firm we have worked with is their dedication to customer service and their unrivaled level of professionalism.Complex Fiancée Visa Need Involving Multiple International Jurisdictions
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time.Individual Seeking 'Impossible' TN Visa
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