Is the EB-5 visa right for you? The following scenarios serve to clarify eligibility and general requirements for the EB-5 Investor Visa:
Dr. Wang and his wife are in their fifties and renowned professors at a university in Beijing, China. They have a college-aged son already studying in the United States and would like to join him. Over the course of their career, they have accumulated a total of USD $600,000 in assets through real estate investments in the condo market in Beijing, China. They are considering investing in a targeted employment area. Is this a viable option for them?
Answer: It would not be advisable for the Wang family to invest most of their assets into the EB-5 program. They will have little assets leftover in the event that their investment goes awry. Instead of the EB-5, they should look into other employment based categories like an EB-1(a) or a NIW.
Mr. Patel is independently wealthy, making his fortune in shipping. To date, his assets total $15 million USD. His business is continually growing and he anticipates maintaining his wealth. Recently, Mr. Patel has become interested in the U.S. shipping and logistics market and would like to start a company. In return, the company will make him a formidable shareholder. In addition, Mr. Patel is married and has two children both under the age of 21. Is this a viable option for Mr. Patel?
Answer: Absolutely. With plenty of liquid assets and a clear idea of what industry he wants to invest in, the EB-5 visa is a good option for Mr. Patel to pursue.
Robert Li received a $1,000,000 dollar gift from his father, who is a very wealthy businessman in Shanghai, China. Robert has no managerial experience nor does he have an advanced degree or special skill set. Robert is young, single and is looking for a fast way to come to the United States. Robert already has a sister in the U.S. who is a U.S. citizen. Is an EB-5 a viable option for Robert?
Answer: Yes, this would be a viable option for Robert. As he has no advanced degree or special skill set, his only other option is to apply for a green card through a family-based petition. However, because a family-based petition from his sister may take a long time, Robert would best benefit from an EB-5 petition. Since he has no managerial experience, it might be in Robert’s best interest to invest in a Regional Center Program.
Harry is an Executive Vice President working for a big Chinese company. If he sells his house, he will have a net worth of a little over $1 million USD. Harry has a lot of managerial experience and has been considering the EB-5 petition for some time. However, his company, which has many offices around the world, including one in the United States, has recently informed him there is a possibility of sending him to work at their U.S. branch office on an EB-1C. What should Harry do?
Answer: Since Harry’s net worth is just over $1,000,000 dollars and would require him to sell his home, the best option for Harry would be to come to the United States under an L-1 visa and then apply for an immigration petition under an EB-1C. That way, he will not have to invest his own money or sell his home. In addition, he can also adjust status immediately to unconditional permanent residency once the EB-1C petition is approved.
(Updated 10/5/2012 by AG)
For more information on the EB-5 Visa, please refer to the following links: