The EB-5 Visa is an immigrant visa obtained by providing the minimum investment amount, having a legal source of funds, and meeting the job creation requirement.
The total EB5 Visa Cost ranges from $108,315 to $137,305. The biggest EB-5 Visa cost is the Regional Center Fund Administration fee, which ranges from $60,000 to $80,000.
EB5 Visa is a path for immigrants to gain permanent US residency through a Green Card and obtain U.S. citizenship. The EB 5 Visa allows foreign nationals, their spouses, and unmarried children under 21 to get a U.S. visa. An EB5 investor isn’t an expert for EB-5 Visa Investment simply because they have experience and knowledge in investing in a NCE in the United States. EB-5 professionals, such as EB5 Visa Lawyers and financial advisors, provide services for foreign investors to give them a better chance of having a successful EB 5 investment.
What is the source of EB 5 Visa Cost?
The source of the EB 5 visa cost is the petition filing fees, EB5 Visa immigration lawyer fees, Regional Center Fund Administration fees (if applicable), business plan and contract fees for direct EB5 investors, foreign remittances charges (if investor is outside the US), translation fees, and travel expenses. The U.S. Citizenship and Immigration Services (USCIS) is the entity that charges the EB5 Visa filing fees.
What are the EB5 Visa Administration Fees?
The EB5 Visa administration fees are the costs charged by the Regional Center to manage an EB-5 project. In case the EB-5 investor plans to apply through a Regional Center — which is the preferred option for more than 90% of all EB-5 investors — then the investor will have to pay the Regional Center Fund Administration Fee. The Regional Center Fund Administration Fee costs from $60,000 to $80,000 per investor. However, having an EB-5 advisor’s assistance can significantly decrease the administration fee because the charged fee is negotiable.
An EB-5 investor has two options for paying the administration fees. First, an EB5 investor can pay for administration fees via mail using a card, cheque, bank draft, or money order. Secondly, an investor can pay via online using a card or bank withdrawal. A single payment method (check, bank draft, money order, or card) must be used to pay the cost of each application, petition, or request that will be submitted. It is not possible to use multiple payment methods.
How much is the EB5 Visa Petition Filing Fee?
The total cost of the EB5 Visa petition filing fee for the Form I-526 or I-526E is $11,160 per petition. The Reform and Integrity Act of 2022 introduced a $1,000 EB-5 Integrity Fund fee. This needs to be filed with the I-526 form, which means the total application processing cost for the Form I-526 or I-526E would be $12,160 per petition. An amendment request is not subject to this additional fee.
Form I-526 is the EB5 Visa application for direct investors. Form I-526E is the EB5 Visa application for regional center investors.
An EB-5 petitioner can pay their EB5 Visa petition filing fee via online with a card or bank withdrawal, or mail with a card, check, bank draft or money order.
How much are the EB5 Visa application processing fees?
The total cost for an I-485 Adjustment of Status application processing fee is $1,440 if the applicant is aged 14 years or above. The application processing fee for the Form I-485 is $950 if the applicant is below 14 years of age. Form I-485 is an application for Adjustment of Status that needs to be filed if the applicant is already in the U.S. on a H-1B or L-1 or any other short-term visa.
The applicant has the option of filing the Form I-765, Application for Employment Authorization for the Employment Authorization Document (EAD), which costs $470. The Form I-131, Application for Travel Document for Advance Parole, has an application processing fee of $630.
The total cost for the Form DS-260 is $345 per applicant. This form needs to be filed after I-526/I-526E approval if the applicant is applying from outside the U.S. There is a USCIS Immigrant Fee of $235 per person, which is the fee for processing the immigrant visa packet and Permanent Resident card or the Green Card.
Before the end of the 2-year conditional permanent residence, the applicant must file the Form I-829 which has a processing fee of $9,525.
Paying your EB5 Visa application processing fees can be done via mail with a card, check, bank draft, or money order, or online with a card or bank withdrawal. A single payment method (check, bank draft, money order, or card) must be used to pay the cost of each application or request that you submit. You cannot use multiple payment methods.
What are the legal fees for an EB5 Visa Immigration Attorney?
The legal fees for an EB5 Visa Immigration Attorney range between $20,000 to $25,000. An EB-5 visa immigration attorney is an expert who takes care of things like checking the Source of Funds, Path of Funds, and completing all immigration formalities.
An immigration expert fees range from $5,000 to $7,500. An immigration expert offers professional assistance when filing the Form I-829 for removal of conditions at the end of the 2-year conditional permanent residence period.
So, every EB-5 investor must be prepared to set aside a median figure of $25,000 for the Immigration Lawyer Cost.
What documents are required to prove the source of funds for an EB5 investment?
The documents required to prove the source of funds for an EB5 investment are payslips, sales contracts, deposit of sale proceeds, certificates of ownership, bank statements, inheritance will and testament, and other securities statements. Below are the essential documents needed to be presented as proof for each source of EB5 funds.
- Salary Payslips – These are bank statements showing the salary payments from the employer. Additional documentation may be required such as the capital source statement — which explains in detail how the investment money is derived from wages, capital source statement from the spouse — if the spouse supported living expenses while the investor saved earnings, documents proving that salary payments are supported by an employment contract, and an income certificate from the employer.
- Real Estate Sales Contracts – This includes contracts of purchase and sale, deposit of selling profits on a bank statement, property ownership certificates, and property tax certificates. A capital source statement must be provided, describing how investment funds are derived from the sale of real estate. Information on how the investor obtained the real estate, such as the source of cash for the acquisition, must be included.
- Stock Market Proceeds – This includes the deposit of sale proceeds as evidenced by bank statements, purchase and sales contracts, as well as share transfer agreements. These share transfer agreements trace the stock’s process from the original owner through the investor to the buyer. The investor’s capital source statement must be presented explaining how the investor bought stock and showing the selling proceeds. Employment and payment documents, property sale records, and bank statements are all examples of lawful sources of purchasing money for bought shares.
- Loan Terms and Certificates of Ownership for Collateral – The capital source statement must include the loan terms and collateral. A loan from a private lender must include a capital source statement from the lender detailing the lender’s identity, show how the funds were obtained, and a copy of the loan contract. The information in the investor’s capital source statement must match the bank statements demonstrating the loan amount’s deposit. Any assets used as collateral must have deeds and certificates of ownership, as well as asset appraisals. For the loan to be legally secured against the asset, bank records and government paperwork proving taxes were paid are required.
- Bank Statements for Gifted Funds – The capital source statement must state that the investment funds were gifted to the investor. The identity of the individual who gifted the funds and the method through which they got the assets must be stated in the capital source statement. The information in the investor’s capital source statement must match. It must include a letter from the person who gifted the funds, certifying the amount and stating that the investor is not required to repay the funds. Bank statements proving the gifted funds were deposited must be submitted.
- Inheritance Will and Testament – The capital source statement should include proof of relationship to the deceased, such as a death certificate from a parent and a copy of the will. Pay stubs or tax records are examples of proof that the deceased received the assets legally. Bank statements demonstrating money transfers from the source account to the inheritor’s account must be submitted. Affidavits or letters of recommendation from a trustworthy source are some of the EB5 Source of Funds Requirements if no documentary evidence is available.
How much investment is required for EB5 visa?
The investment required for EB5 visa is a minimum amount of $1.05 million (non-TEA) or $800,000 (in a TEA). The investment amount must lead to the creation of at least 10 full-time jobs for US workers. The investor must show that the investment will last for a minimum of 2 years.
It is important to note that the investment amount of either $800,000 or $1.05 million are not part of the EB-5 visa costs. The minimum investment amount will become a cost only if the EB-5 investor fails to recover the investment from the EB-5 project. As is true for all big money decisions, working with the experts and sticking to tried-and-tested strategies can increase the probability of recovering the EB-5 investment after 5-7 years. Get this right and the actual cost of the EB-5 visa comes down significantly.
How do EB 5 investors receive their money back?
EB 5 investors receive their money back through the returns earned by the EB-5 enterprise belonging to them if they are direct investors. For Regional Center investors, the return of investment depends on the terms agreed with the EB-5 Regional Center (RC). Low-risk projects rarely offer returns higher than 1% per annum. Other RC projects may offer higher returns but this may involve higher immigration or investment risks for the EB-5 investor. The investment must be at-risk, which means return of investment cannot be guaranteed.
Can an EB-5 investor obtain a loan to make an EB-5 investment more affordable?
Yes, an EB-5 investor can obtain a loan to make an EB-5 investment more affordable. A loan offers borrowers a lot of flexibility when it comes to loan repayment and reborrowing. The interest rate on a loan may be either a variable line of credit or a fixed rate.
Is it necessary for an EB5 investor to open a US bank account?
No, it is not necessary for an EB5 investor to open a US bank account. However, it is advisable to open a U.S. bank account in certain cases, such as when it may be required to facilitate the path of funds and transfer of funds to the U.S. if the investor is outside of the country. After that, funds are transferred into an EB-5 Escrow Account, an account managed by a third party to hold valuables, such as money, personal finance documents, and property deeds, on behalf of two agreeing parties until certain requirements are fulfilled during a financial transaction.
Can I Use a Bank Loan to Apply for an EB5 Visa?
Yes, you can use a bank loan to apply for an EB5 visa. A bank loan becomes necessary for an EB5 Visa application when the investor needs to secure a lawful source of funds to supplement the required minimum investment amount of $1.05 million (in a non-TEA) or $800,000 (in a TEA).
Is the EB5 Visa Taxable?
Yes, the EB5 Visa is taxable. After obtaining a conditional green card, an EB-5 Visa investor often becomes subject to U.S. taxes and are therefore subject to income taxes on both domestic and foreign earnings. When properly used, tax treaties between the United States and other countries may be able to assist EB5 Visa investors in avoiding double taxation or lowering their tax liabilities. It is crucial that EB-5 investors seek advice from tax experts and carry out efficient tax planning prior to immigration.
The majority of non-resident alien mortgage loans originate from smaller banking institutions such as Total Bank and Bank United. They provide loans and other banking services to EB-5 regional centers, project developers, fund managers, and foreign investors.
What are EB5 Visa Cost Factors?
The EB5 Visa cost factors include the legal and filing fees, regional center administration costs, escrow fees, currency exchange and transfer costs, tax implications, and other miscellaneous costs.
Legal fees consist of an immigration attorney’s fees. Legal fees can vary widely depending on the immigration lawyer’s experience and the complexity of the EB-5 investor’s case. Filing fees involve the I-526 petition filing fee, the I-829 petition filing fee, and other associated costs for EB-5 Visa processing and adjudication. Regional center administration costs are administrative fees related to managing the investment project and overseeing compliance with EB-5 program requirements. Escrow fees are charges applied if funds are placed in escrow pending approval of the I-526 petition. Currency exchange and transfer costs are charges for investors transferring funds from overseas. Tax implications are potential amounts of tax in the United States and in the investor’s home country that they must consider. Miscellaneous costs comprise of charges related to due diligence on the investment project, travel expenses if visiting the United States for interviews or inspections, relocation costs, and other incidentals to meet the EB5 Visa Requirements.
What is the biggest EB 5 Visa Cost?
The biggest EB 5 Visa cost is the Regional Center Fund Administration fee which ranges from $60,000 to $80,000. The expenses incurred by the Regional Center to oversee an EB-5 project are known as the Regional Center Fund Administration Fees. Over 90% of EB-5 investors choose to apply through a Regional Center; if this is the case, the investor will be responsible for paying the Regional Center Fund Administration Fee.
What is the percentage of EB 5 Visa Attorney Cost in total EB5 Investment Visa Cost?
The percentage of EB 5 visa attorney cost in total EB5 investment visa cost ranges from 15% to 18%. The EB-5 lawyer’s fees depends various factors such as the immigration attorney’s experience and reputation, complexity of the case, type of representation, geographic location of the EB5 immigration lawyer, communication and support, success rate and track record, legal team and resources, retainer or hourly rates, as well as additional services like business plan preparation, financial analysis, or translation services. These can add to the overall EB 5 Visa Attorney cost.
Is it possible to take loan for EB 5 Visa Investment?
Yes, it is possible to take a loan for EB 5 Visa Investment, but there are several important considerations and restrictions to be aware of. The considerations an EB5 investor must take into consideration include a lawful source of funds, loan terms and conditions, financial viability, as well as documentation and compliance. The restrictions an EB 5 investor must be aware of are the “at risk” requirement and the redeemable or guaranteed investment.
The source of funds used for the EB-5 investment must be lawfully obtained. This means that any loan taken must be traceable to a legitimate source. The loan terms and conditions must be carefully structured to comply with EB-5 regulations. The loan agreement should clearly establish the investor’s obligations, repayment terms, and ensure that the investor’s equity in the project is not protected or guaranteed by the loan itself. Investors should carefully evaluate the financial viability of using a loan for the EB-5 investment. They should consider the potential risks, including the obligation to repay the loan regardless of the outcome of the investment project. It is crucial to document the source of the loan funds comprehensively and transparently in the EB-5 petition. Failure to provide adequate documentation or to comply with EB-5 regulations could result in the denial of the petition or other legal consequences.
The “at risk” requirement is one of the fundamental requirements of the EB-5 Visa program because the investor’s capital must be at risk. This means that the investor cannot use borrowed funds secured by the investment project itself (including its assets or future earnings) to meet the minimum investment requirement. The investment must be genuinely at risk of loss and potential gain. A redeemable or guaranteed investment may not meet the “at risk” EB5 Visa investment requirement because the loan arrangement effectively guarantees the return of the invested capital or provides for its redemption under certain conditions.
Does EB5 Visa Provide Citizenship?
Yes, an EB5 Visa provides U.S. citizenship to an EB-5 investor. Foreign nationals may apply for naturalization, which leads to U.S. citizenship, after holding lawful permanent resident (LPR) status for five years. EB-5 investors can submit their applications after just three years because their two years of conditional lawful permanent resident (CLPR) status count toward this criteria.
Is it necessary to refresh the EB5 Visa?
Yes, it is necessary to renew the EB5 visa six months before it expires if the EB-5 Visa is only valid for two years. EB5 Visa holders who have received EB-5 visas with a ten-year validity period don’t need to immediately renew their visas. They only need to renew their 10-year Green Card before they expire to continue residing and working permanently in the US.
How long is an EB 5 Visa Good for?
An EB 5 Visa is good for 2 years. An EB5 Visa remains valid for 10 years if the conditions are removed. The EB-5 visa will expire if the conditions are not removed in time.
There are a few possible fallbacks with EB 5 Visa, such as it may take 6 to 10 months for the EB5 Visa renewal to be approved and the US government may reject an application for an EB-5 Visa renewal if the applicant has any issues regarding the law and instructions. These issues include committing a felony, failing to pay taxes, lying on the application, or submitting the incorrect form. When an EB5 Visa renewal application gets rejected, this may affect the cost.