EB5 Immigrant Investor Visa


Attorney_22

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This week, Murthy Law Firm attorneys will answer questions regarding the EB5 program.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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How much time does take from the very start of the Process to get to a stage where the applicant get the temporary Green card ?

When is the latest I can start (bcoz am not able to start right now) for the application to be still considered as per old rules if I assume that rules are going to change in September 2018 ?

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On 4/26/2018 at 10:08 PM, Visa@US said:

How much time does take from the very start of the Process to get to a stage where the applicant get the temporary Green card ?

When is the latest I can start (bcoz am not able to start right now) for the application to be still considered as per old rules if I assume that rules are going to change in September 2018 ?

Right now, the USCIS is taking just over 2 years to adjudicate I-526 petitions (i.e. the first step in the EB5 process). Only then can you file the I-484 (or apply at the consulate.) So, it likely would take 2.5-to-3 years to get the conditional green card.

The current regional center program is scheduled to end September 30, 2018. It very likely will be renewed, as it has been time after time after time by Congress 25+ years. And, at this point, there is no reason to believe Congress will make any changes to the program.

What is more likely to occur is that regulations (i.e. rules enacted without having to go through Congress) will be finalized to increase the investment requirements. Right now, there is no indication when that may occur. (Once they are issued, they very probably will not go into effect for at least 30 days.)

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On 4/27/2018 at 0:01 AM, Hardikpatel said:

I am planning to do EB5 but I don’t have all money in first initial investment.

does it require all money in front to start application?

or I can fill investment in two to three installments.

which company do we have to invest ?

Yes, all the money is generally required upfront.

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On 4/27/2018 at 10:25 AM, vancouver said:

How best to find a project thats already USCIS approved?

Also, if the project shuts down or enters into bankruptcy, then what would happen to the conditional green card?

As part of our services, we refer clients to an investment advisor. His company conducts due diligence into regional center projects and assists with selecting one for the EB5 investment. 

If the project does not create the required jobs for that remained in place for at least 2 years, the petition to remove conditions (i.e. application for the permanent green card) would be denied. So, it is very important to select a good, well researched project. 

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Hi,

Thanks for your response.

Can you please also help clarify the situation where the EB5 Application is Filed but right after a few days of filing the minimum investment requirement is increased ........

# How will the changed investment requirement affect the already filed application?

Or

# Will that investment change have no impact on the applications already filed ?

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12 hours ago, Visa@US said:

Hi,

Thanks for your response.

Can you please also help clarify the situation where the EB5 Application is Filed but right after a few days of filing the minimum investment requirement is increased ........

# How will the changed investment requirement affect the already filed application?

Or

# Will that investment change have no impact on the applications already filed ?

Until we see the rule, there is no way to know for certain. However, the general sense within EB5 circles is that there is a strong likelihood that the new rules will only apply to those who file AFTER any such rules go into effect. It would create utter chaos to have new rules apply retroactively. (And, it would trigger a rash of lawsuits, which the government very likely would want to avoid.)

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