FAQ
EB5 Visa
EB5 Visa
What are the basic requirements and timeline for an EB5 visa?
What is the EB5 quota?
There are several basic requirements for an EB5 visa.
Invest the minimum amount in a qualified US business (“New Commercial Enterprise” or NCE) or approved regional center
Congress has allocated approximately 10,000 visa numbers for EB5 investors and family members. Under the 2022 EB5 Integrity and Reform Act (“RIA”), 32% of the annual EB5 immigrant visa quota is set aside for specific types of TEA projects. Here is the breakdown of what those set-asides are reserved for:
Create 10 permanent jobs (direct or indirect) for American workers with the NCE
There are three steps to the EB5 process:
I-526 Petition: Once an investor has made the required investment, they would file the I-526 petition. This petition includes project documents and documents related to the investor’s source of funds.
Conditional Resident Application: USCIS is currently allowing for concurrent filing of a green card application. This means that most applicants, except for those born in India, China, and Vietnam, are eligible to apply for their green card along with the I-526 petition if they are present in the U.S. and meet specific requirements. Otherwise, upon approval of the I-526 petition, if their priority date is current, the investor and family can apply for their conditional green card. The conditional green card, once approved, is valid for 2 years. Within the 90 days before the expiration of the green card, the investor and family members apply to remove the conditions on their green card by filing form I-829.
Form I-829: USCIS will review the and confirm that the investor’s funds stayed at risk throughout conditional resident status and the project created the necessary jobs. Once the I-829 is approved, the investor and family are lawful permanent residents of the U.S.
20% are for those investing in a rural area of the United States;
10% are for those investing in a high unemployment area (designated by USCIS);
2% are for those investing in qualified infrastructure projects administered by a government entity.
Must concurrent filing be used?
Absolutely not. An individual may continue to wait for approval of the I-140 before filing the I-485, and in many cases we advise that it is prudent to wait. However, in cases where the person’s ability to extend their H-1B nonimmigrant status past their six-year maximum under AC-21 can be limited by the timing of the filing of the I-485 when their priority date is current, we advise to please check with the attorney since, in those cases, it would be prudent to file the I-485 concurrently with the I-140.
Can I “port” my EB2 or EB3 priority date to my EB5 petition?
Unfortunately, no. You cannot use your EB2 or EB3 Priority Date for your EB5 petition. Your EB5 priority date is the date USCIS received your I-526 Petition.
I was born in a backlogged country but am a citizen of Canada, will I still be subject to the backlog?
Yes. Unfortunately, the country against which you are “charged” for your visa number is your country of birth. Because you were born in a backlogged country, your visa and that of your family will be charged against the visa numbers for that country.
The Archer Place EB5 Touch
We’re much more than just your average EB5 provider—Archer Place EB5 Preferred Equity LLLP is your comrade in this grand adventure. We strive to be a beacon you can trust in the labyrinth of immigration services.
We take pride in treating each client as if they were our first—because we know that challenging journeys are easier with genuine companions who care about your dreams.
Got questions? Toss them our way! Seeking assistance? You’ve come to the right spot! Ready to take the plunge? We’re thrilled to welcome you to Archer Place EB5 Preferred Equity LLLP.
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