Frequently Asked Questions

1. What is the EB-5 Investment Visa Program?

The Investment Visa Program takes advantage of the immigrant visa category for alien entrepreneurs known as the EB-5 Immigrant Investor Visa, created by the Immigration Act of 1990. In general terms, the EB-5 program requires an alien to "invest or be actively in the process of investing," either US$1,000,000 or US$500,000, which is "at risk" in a "new or existing business enterprise" that directly or indirectly results in the creation or preservation of ten full time (at least 35 hours per week) jobs for a two year period. A successful applicant can earn permanent residency for him or herself, a spouse and the children under age 21.

2. How many immigrant visas are allotted for the EB-5 program?

Up to 10,000 visas per year are reserved each fiscal year by the EB-5 program for immigrants and family members whose qualifying investments result in the creation or preservation of at least ten (10) full-time jobs for U.S. workers. 

3. What is the history of the EB-5 visa category?

The EB-5 visa category started in 1991. Regional Centers started in 1993. CMB Export LLC’s application to become Regional Center which duly approved by the Immigration and Naturalization Service in 1996. During the mid 1990-'s several companies competed for investment capital from foreign investors for the EB-5 program. Most of the companies didn't offer sound investments, and investment opportunities, didn't raise the full $500,000 investment capital or hire the required number of employees. USCIS wanted to stop these abuses of the program, this involved law suits and the EB-5 program was effectively placed on hold between 1999 and 2002. In 2002, Congress passed a new law to protect the pre-1999 investors. Also, in 2002, in a case commonly known as "Chang" the 9th Circuit Court of Appeals ruled that USCIS may not apply their new rules retroactively. In August of 2003, USCIS began approving regional center petitions for the first time since 1998.

In January 2005, to improve and expedite EB-5 regional center related applications USCIS established an Investor and Regional Center Unit, IRCU, the unit being the sole adjudicative jurisdiction for Regional Center applications pursuant to the Immigrant Investor Pilot Program for purposes of approval, denial and Requests for Evidence (RFE's). In light of the “Chang” case and the new Congressional enactments in this area, CMB sought and received an updated regional center authorization letter in 2007. It is now common knowledge that EB-5 immigration petitions based on sound investments in designated regional centers with the full $500,000 in an at-risk investment as prescribed by the rules, with proper supporting documentation, should be approved.

4. Am I eligible for the Big Elk Regional Investment Center?
Yes if you:
- are able to invest at least $500,00 into the Big Elk EB-5 Green Card Investment Program.
- do not have a criminal record in the past 20 years. If so, seek professional advice.
- do not have any serious illnesses. If so, seek professional advice.

5. Is EB-5 a truly passive investment?

The EB-5 regulations require involvement in management or policy making. The regulations deem a limited partner in a limited partnership, which is properly structured and that conforms to the Uniform Limited Partnership Act as sufficiently engaged in the EB-5 enterprise.

Where can I find a copy of the relevant EB-5 law and regulations to review?

Please go to the Bureau of Citizenship and Immigrations Services web site. A link to immigrant investment visa information is available at: this address (click) www.uscis.gov You will see a link to “Laws & Regulations” near the top center of the USCIS home page.

6. I want to invest in the USA and get a green card, is the EB5 visa suitable for me?

EB5 investor Visa is suitable for people from all walks of life: professionals, business people, persons wanting to facilitate their children's education and attend US colleges and Universities, persons just seeking a new or better life in the United States, and persons wanting to retire in the United States. The EB-5 visa permits employment in the US for the Investor and their family. Quite simply, the EB-5 visa gives you the opportunity and flexibility to do what you want in the USA. If you don't want to actively manage your business, you should consider a regional center EB-5 investment.

7. What if I want to manage my own business?

If you want to want to become a permanent resident of the US, the EB-5 Alien Entrepreneur Investment is your option.  One must invest $1,000,000 into your business and create atleast 10 jobs within your investment. For half of the cost, an investor could take part in the Big Elk Green Card Investment Center and have everything managed by a professional team with a projected 4% annual return; increasing annually.

8. Will my children be able to remain in school in the United States if I leave the United States?

Yes.

9. What kinds of schools are available for my children?

Many premiere schools and Universities in the area are available for your children to attend. Click here for a list and short description (insert link)

10. What is the EB-5 Investment Visa Program?

This program is an opportunity for immigrants to invest into a business which will provide permanent US residency and green cards for the investor, spouse, and any children under the age of 21.

11. Are any countries excluded from eligibility for the EB-5 Visa program?

Residents of only a few countries are excluded (e.g., North Korea and others. In most cases, however, if the applicant is able to leave the excluded country and has the necessary capital to qualify under the program, legal counsel will be able to help the applicant qualify for visa approval. Consult your attorney to determine if you home country is precluded from this visa program.

12. Who is NOT eligible for the EB-5 Green Card Investment opportunity?

Having a criminal record or major illness will make it difficult to obtain the EB-5 Green Card. We recommend seeking legal advice pertaining to the matters to become eligible for this program. 

13. Can I apply if I am currently out-of-status (i.e., I live in the United States, but do not have a current visa)?

Out-of-status nationals are no longer permitted to apply for permanent residency from within the United States. " Out-of-status" means the individual stay in the U.S. longer than their authorized period of stay. Visa should be valid at the time of entry to the U.S. but the Form I-94 should be extended if the individuals need to stay more than the I-94 period. However, if they have filed any petitions or applications that lead to green cards, such as immigration petitions (through employment or family) or labor certifications during 245(i) benefit period by January 17, 1998 or April 30, 2001, they may file their applications to adjust status in the United States with the penalty of 1,000, which applies to applicants over 17 years old. If the out-of status nationals do not have 245(i) cases, they must return to their country of origin and apply through the United States Embassy there. However, depending on the out-of-status period, they may be banned to obtain U.S. visa and entry to the U.S. for certain periods of time from the departure date.

14. What is a Designated Regional Center?

·  An entity, organization or agency that has been approved as such by the USCIS; The pilot program with the coinciding federally designated regional centers was approved by Congress under Section 610(c) of the Appropriations Act of 1993.
·  Focuses on a specific geographic area within the United States;
·  Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.
·  Facilitates the pooling of capital of multiple EB-5 investors
·  Investors can take credit for jobs created directly as well as indirectly from their investment in the Regional Center. Indirect job creation may be demonstrated using any reasonable approved methodology.
·  Congress gave the USCIS discretion to give priority to EB-5 applications filed in conjunction with a Regional Center.        

15. How does an investor register for the EB-5 visa?
Please view this section to see all of the steps that are required. Click here.

16. What information and documentation are required?
Please view this section to see all documents that are required. Click here.