FAQ's

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Faq's

Q: Who should invest?

EB-5 investors include people from all walks of life; professionals, business people, persons wanting to facilitate a child's education, and retirees. Because the EB-5 visa permits business in the US. Simply put, the EB-5 visa gives you the flexibility to do what you want in the USA, your own business and family life.

1) If you don't want to actively manage your business, you should consider EB-5

2) If you have a US citizen parent or child over 21 years of age, you should consider family class visa categories.

3) If you have exceptional skills or are famous you may qualify for a green card based on your skills or fame.

4) If you want to manage your own business, consider L-1, E-2, international manager visa categories.

If your goal is to have a green card and not to actively manage a business, it is most often cheaper to utilize the EB-5 category rather than to start and maintain a business.

Q: 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 that conforms to the Uniform Limited Partnership Act as sufficiently engaged in the EB-5 enterprise. However, the Uniform Limited Partnership, adopted by most states of the United States, prohibits the limited partner from actively participating in management. ( An Attorney on our panel will explain clearly ).

Q: Where can I find a copy of the relevant law and regulations to study?

Please go to the Bureau of Citizenship and Immigrations Services web site. A direct link to investment visa information is:http://www.immigration.gov/graphics/services/residency/investment.htm

Q: How long does INS take to process my visa petition?

Processing times vary from as little as a few weeks to as much as eight months. We can't predict or promise a particular processing time. You should plan for the entire process to take approximately one year to avoid disappointment.

Q: What are the processing procedures?

A general outline of the application process follows:
Step 1) File form I-526 Petition for Alien Entrepreneur with the California Service Center. This petition requests INS to certify the applicant and the investment as eligible for EB-5 visa status.

Step 2) Upon approval of the I-526 petition, (a) if you are in the United States you may apply for Adjustment of Status to Permanent Residence by sending form I-485 and supporting documents to the INS regional processing center nearest your US residence. (b) If you are abroad you must wait for notification from the Embassy in your home country to prepare documents for the visa interview.

The purpose of the Adjustment of Status or consular visa interview is to make sure you are not subject to a grounds of exclusion, e.g. a criminal past, infectious diseases, etc.

Step 3) Upon approval you receive a form evidencing the approval and as well as a travel document. You will also receive the temporary green card in the mail. If you are abroad you must enter the US within six months of the date of the Embassy approval.

Step 4) After two years, you may file for removal of conditions or your permanent green card using Form I-829. This procedure permits INS to verify that you have maintained your approved investment for the required two-year period.

Q: How can I receive further information?

If you require any clarifications please take the liberty to contact Mr. Syed (sy) Imtiaz H. Rizvi, by email – rizvi@americanconsultants.us.