Question 1

What is the minimum investment amount?

Accepted Answer

TEA projects: $800,000 USD
Non-TEA projects: $1,050,000 USD

Question 2

What is a regional center?

Accepted Answer

A Regional Center is an economic unit, public or private, that is involved with promoting economic growth. Regional Centers are designated by the USCIS for participation in the EB-5 program; they will pool investors’ funds together and use it in job creating enterprises in order to satisfy job creation requirements of the EB-5 program.

ARCFE is a USCIS designated regional center. Investor can verify this information by going to the USCIS website below and search one of the following:

Our name: American Regional Center for Entrepreneurs Inc.

Our ID: RC2200000292

Approved Regional Center Search

Question 3

What is a New Commercial Enterprise (NCE)?

Accepted Answer

NCE, or New Commercial Enterprise, is a term in EB-5 referring to a business entity created for investment purposes, often facilitating job creation and economic growth.

Question 4

What is a Job Creating Enterprise (JCE)?

Accepted Answer

JCE, or Job-Creating Entity, in EB-5, refers to the business entity in which an investor's capital is invested to generate employment.

Question 5

What is Targeted Employment Area (TEA)?

Accepted Answer

A TEA is a geographical area that is considered rural or has an unemployment rate of at least 1.5 times the national average. The required minimum investment fund for TEA projects is lower than non-TEA projects. Investments made in TEAs qualify for a reduced minimum investment amount compared to non-TEAs. This incentive aims to encourage economic development in areas facing employment challenges.

Question 6

What is the difference between direct EB-5 and regional center EB-5?

Accepted Answer

Direct EB-5 involves investors personally managing their business ventures, requiring active involvement in job creation. In contrast, Regional Center EB-5 allows passive investment in government-approved projects. While both lead to U.S. green cards, the key distinction lies in the level of investor involvement and the nature of job creation within the respective programs.

Question 7

What is the “at-risk” requirement?

Accepted Answer

To ensure that the investment funds will be used for job creation, the capital invested by the EB-5 investors must qualify as an “at-risk” investment. This means that the capital invested could either produce a gain or a loss.

Question 8

How long are investors required to maintain the “at-risk” requirement for their investment?

Accepted Answer

The clock starts when the full amount of the EB-5 required investment is transferred to the Job Creating Entities (JCE).

Question 9

What kind of return on investment can investors get?

Accepted Answer

While the principal of the investment must be at risk and return on investment cannot be guaranteed, projects that employ a loan-based model might be able to earn interest (typically 1-2%); while equity investors’ earning will vary based upon the profitability of the enterprise. Investors must remember that the main purpose of EB-5 investment is to get the green cards, therefore, a low ROI that is safe from an immigration perspective is typically better than a project with high ROI but bigger immigration risk.

Question 10

How many family members can get Green Card on the EB-5 application?

Accepted Answer

The investor, their spouse, and any unmarried children (even if adopted) under the age of 21 of the time of the I-526E petition approval may receive a green card.

Question 11

How to calculate my child’s age to determine eligibility?

Accepted Answer

The CSPA Age Calculation formula is:

Age at the time of visa availability - Pending time = CSPA Age

Question 12

Are there age restrictions?

Accepted Answer

There are no age restrictions. However, individuals under 18 years old cannot sign a legally enforceable contract.

Question 13

What is the job creation requirement?

Accepted Answer

Each EB-5 investment must create at least 10 full-time jobs for U.S. workers, lawful permanent residents, or immigrants authorized to work in the U.S. Job creation must occur over a period of two years. By pooling funds with other investors in a Regional Center EB-5 project, investors receive the benefit of indirect job creation.

Question 14

What is the most common reason for denial of an I-526E petition?

Accepted Answer

I-526 petitions are most commonly rejected due to applicant’s failure to demonstrate that investment funds were lawfully obtained.

Question 15

What are some important points to keep in mind when providing evidence on the source of funds (SOF)?

Accepted Answer

Simple and straightforward is the best option.

Question 16

What does “investors’ asset must be lawfully gained” mean?

Accepted Answer

Under USCIS regulations, investors must demonstrate that investment assets were gained in a lawful manner such as income from a bonafide business, salary, investments, sale of a property, inheritance, gift, loan, or other lawful means.

Question 17

Are loans an acceptable SOF?

Accepted Answer

Yes loans are an acceptable source of funds as long as the applicant can provide necessary documents.

Question 18

Can I use 401K funds as part of my source of funds?

Accepted Answer

Yes you should be able to as long as you can demonstrate how you legally earned the funds.

Question 19

What does the EB-5 priority date refer to?

Accepted Answer

The priority date, also known as the receipt date or filing date, is the date on which the I-526 petition is received and filed by the USCIS. It is typically used to determine an applicant’s place in the visa queue.

Question 20

What’s the difference between Chart A and Chart B of the Visa Bulletin?

Accepted Answer

The Final Action Dates (Chart A) charts indicate when an applicant may be scheduled for a consular interview and when their case may be processed to completion by DOS or USCIS. Immigrant visa numbers can be authorized for issuance only for an applicant whose priority date is earlier than the Final Action Date for their category and country of chargeability (or the category is Current).

The Dates for Filing (Chart B) charts indicate when an application is within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the Date for Filing for their category and country of chargeability (or the category is Current) may assemble and submit required documents to the DOS National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. For noncitizens interested in pursuing adjustment of status, USCIS may allow them to apply for adjustment based on the Dates for Filing chart.

Frequently Asked Questions

What is the minimum investment amount?

What is a regional center?

What is a New Commercial Enterprise (NCE)?

What is a Job Creating Enterprise (JCE)?

What is Targeted Employment Area (TEA)?

What is the difference between direct EB-5 and regional center EB-5?

What is the “at-risk” requirement?

How long are investors required to maintain the “at-risk” requirement for their investment?

What kind of return on investment can investors get?

How many family members can get Green Card on the EB-5 application?

How to calculate my child’s age to determine eligibility?

Are there age restrictions?

What is the job creation requirement?

What is the most common reason for denial of an I-526E petition?

What are some important points to keep in mind when providing evidence on the source of funds (SOF)?

What does “investors’ asset must be lawfully gained” mean?

Are loans an acceptable SOF?

Can I use 401K funds as part of my source of funds?

What does the EB-5 priority date refer to?

What’s the difference between Chart A and Chart B of the Visa Bulletin?

Get in touch

28-07 Jackson Ave, 8th Floor
Long Island City NY 11101

Email: info@arcfe.com

Frequently Asked Questions

What is the minimum investment amount?

What is a regional center?

What is a New Commercial Enterprise (NCE)?

What is a Job Creating Enterprise (JCE)?

What is Targeted Employment Area (TEA)?

What is the difference between direct EB-5 and regional center EB-5?

What is the “at-risk” requirement?

How long are investors required to maintain the “at-risk” requirement for their investment?

What kind of return on investment can investors get?

How many family members can get Green Card on the EB-5 application?

How to calculate my child’s age to determine eligibility?

Are there age restrictions?

What is the job creation requirement?

What is the most common reason for denial of an I-526E petition?

What are some important points to keep in mind when providing evidence on the source of funds (SOF)?

What does “investors’ asset must be lawfully gained” mean?

Are loans an acceptable SOF?

Can I use 401K funds as part of my source of funds?

What does the EB-5 priority date refer to?

What’s the difference between Chart A and Chart B of the Visa Bulletin?

Get in touch

28-07 Jackson Ave, 8th Floor Long Island City NY 11101

Email: info@arcfe.com

28-07 Jackson Ave, 8th Floor
Long Island City NY 11101