EB-5 Frequently Asked Questions
How long does the EB-5 application and approval process take?
The EB-5 process can vary and is dependent on the applicant’s nationality and country of birth. Generally, it takes about 12-14 months for USCIS to process a Form I-526 petition (conditional green card). Once the applicant receives approval for a conditional green card, they are allowed to live, study, and work as a permanent resident in the United States. Twenty one months after receiving the conditional green card, the applicant may submit their Form I-829 application to remove the temporary condition and become a permanent resident of United States. To summarize, it generally takes around one year to receive a conditional green card, and 3-4 years to receive a permanent green card.
How safe is my investment with RSR?
RSR’s top priority is the approval of our partners’ green card applications, and the security of their invested capital. RSR is built on a foundation of excellence and benefits from its founding members’ expertise and perfect track record, with a completion rate of 100% for the 80 plus projects they have developed over the past five decades. RSR’s latest projects are secured by the United States Department of Housing and Urban Development, applying another layer of safety to our projects. With confidence and pride, we can tell you that your investment is in one of the safest EB-5 investment projects.
If my I-526 petition is denied, do I get my $500,000 back?
If you choose to join RSR, it is unlikely that your Form I-526 petition is denied. However, in such unlikely event, RSR will fully refund your $500,000. The refund process is described in the offering documents for each investment.
If my I-526 petition is denied, do I get the administration fee back?
If my I-829 petition is denied, do I get my $500,000 back?
If you choose to join RSR, it is unlikely that your Form I-829 petition is denied. However, in such unlikely event, RSR will fully refund your $500,000. The refund process is described in the offering documents for each investment.
If my I-829 petition is denied, do I get the administration fee back?
Must I live in the USA once I receive my green card?
Obtaining a United States Green Card means that your intention is to stay primarily in the United States. Generally, you can travel outside of United States for a period of 180 consecutive days or fewer.
Must I speak English?
English is NOT required by USCIS for EB-5 applicants. However, we strongly recommend you to learn some English for the convenience of your future life in the United States.
What documents do I need to prepare to invest in RSR projects?
USCIS requires investors to prove their source of funds for their investment. Additionally, your immigration attorney will assist you in preparing your applications for EB-5 petitions. In the meantime, RSR will provide you with the investment offering documents and subscription agreement.
What are the fees associated with EB-5 application process?
The primary costs associated with the EB-5 application process fall into three major categories: 1. Administration Fee, 2. Immigration Attorney’s fees, and 3. USCIS Application fees.
What is a TEA?
“TEA” is an abbreviation for Targeted Employment Area, which is the USCIS designation assigned to an EB-5 investment based on the project’s location in either a rural or high unemployment area. If an EB-5 investment is determined to be TEA, the minimum investment amount is reduced to $500,000 per investor, rather than the standard minimum of $1,000,000 per investor. For detailed TEA determination, please see: https://www.uscis.gov/eb-5.
What is HUD 221(d)(4) financing?
The FHA 221 (d)(4) loan is guaranteed by the United States Department of Housing and Urban Development (“HUD”). It is the multifamily industry’s highest leverage, lowest cost loan. HUD scrutinizes the project’s location, market factors, costs and expenses, and development team to ensure the project’s success. HUD also closely monitors the construction process once the loan is approved and management once operations commence.
What is job creation?
In order to obtain an EB-5 visa, each partners’ $500,000 (or $1,000,000) investment must result in the creation of 10 permanent direct, indirect or induced new jobs. Direct jobs are newly created actual positions for qualified U.S. workers and employees. Indirect jobs are actualized in businesses and commercial enterprises that are associated or affiliated with an EB-5 regional renter. Induced jobs are those that are created in the community in which the regional center is located. Since our partners’ visa approval is dependent on the creation of at least ten new jobs, RSR engages leading experts to perform extensive economic studies for each EB-5 investment project.
What is the minimum required investment amount?
$500,000 for a TEA designated project, $1,000,000 for a standard (non-TEA) investment project.
When can I get my investment back?
Once USCIS has reached a final decision, either approval of your Form I-829 or final denial, RSR will fully refund your principal investment of $500,000. The refund process is described in the offering documents for each investment.
Will my children and spouse receive a green card too?
The spouse and unmarried children under 21 years old of an EB-5 investor are eligible for US green cards under a single investment.
The investor is required to invest a minimum of $1 million; however, if the investment is located in a Targeted Employment Area (TEA) or qualified rural area, then the EB-5 applicant may invest a reduced amount of $500,000.
Each foreign national EB-5 Investor must create at least ten new full-time American jobs. The investor may utilize both direct and indirect job creation to fulfill the USCIS job creation requirement.
The immigrant investor’s funds for the EB-5 investment must be from a lawful source, and the investor must demonstrate that the capital is in fact from a legal source.
EB-5 Investment Requirements
For additional information regarding eligibility and the EB-5 program, visit http://uscis.gov/eb-5
RSR EB-5 Regional Centers
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