What is the source of EB 5 Visa Cost?

The source of the EB 5 visa cost is made up of the EB5 investment amount, regional center administrative costs (if applicable), petition filing fees, application fees, and attorney fees. The actual cost is determined by factors such as what type of investment is being made and the experience and reputation of the attorney if the investor has chosen to use one. 

What are the EB5 Visa Administration Fees?

The EB5 Visa Administration Fees are charged by the Regional Center to manage the project. The price of this EB5 visa cost will depend on the regional center and project you choose, and typically ranges from $50,000 to $70,000.  You have two options for paying your administration fees: by mail with a card, cheque, bank draft, or money order, or online with a card or bank withdrawal. A single payment method (check, bank draft, money order, or card) must be used to pay the cost of each application, petition, or request that you submit. You cannot use multiple payment methods.

How much are the EB5 Visa application processing fees?

The total cost for EB5 Visa application processing fee for the form I-526 is $11,160. The total cost for EB5 Visa application processing fee for the form I-526E is $12,160.

Form I-526 is the EB5 Visa application for direct investors. Form I-526e, is the EB5 Visa application for regional center investors.

The EB-5 Reform and Integrity Act of 2022 mandates that you include a $1,000 additional fee with your initial Form I-526E submission. An amendment request is not subject to this additional fee. Form I-526E, the immigrant petition by a regional center investor, is the EB5 Visa form for immigrant investors who invest through the USCIS-approved regional center program. You can pay your EB5 Visa petition filing fee via online with a card or bank withdrawal, or mail with a card, check, bank draft, or money order.

How much are the fees for other forms for EB5 Visa process?

The general cost for the form I-485 is $1,440. If you’re submitting form I-485 concurrently with one parent’s form I-485 and under the age of 14, the paper filing fee is $950. The application form I-485 is for adjustment of status to get a US Green Card.

The cost for application processing fee for the form I-829 application is $9,525. The I-829 petition includes evidence that the immigrant investor successfully met all the United States Citizenship and Immigration Services (USCIS).

Paying your EB5 Visa application processing fees can be done via mail with a card, check, bank draft, or money order, or online with a card or bank withdrawal. A single payment method (check, bank draft, money order, or card) must be used to pay the cost of each application, petition, or request that you submit. You cannot use multiple payment methods.

What are the legal fees for an EB5 Visa Immigration Attorney?

The legal fees for an EB5 Visa Immigration include fees for filing all the paperwork, such as preparing the I-526 Immigrant Petition and the I-485 Adjustment of Status. It includes the filing of the removal of the condition after two years. The typical cost ranges from $15,000 to $25,000. The Immigration Lawyer Cost depends on the firm you hire. 

What documents are required to prove the source of funds for an EB5 investment?

The documents required to prove the source of funds for an EB5 investment are an important part of the Form I-526 petition. This will prove that the funds were obtained through lawful means. The documentation should clearly show the path of funds from their original source to the point of investment. The EB5 Source of Funds Requirements describes the types of funds. 

• Payments of Wages – These are bank statements showing the salary payments from the employer. The capital source statement, which explains in detail how the investment money is derived from wages; capital source statement from the spouse if the spouse supported living expenses while the investor saved earnings; documentation that salary payments are supported by an employment contract and an income certificate from the employer.
• Sales of Real Estate – This includes contracts of purchase and sale; deposit of selling profits on a bank statement; property ownership certificates and property tax certificates. There should be a capital source statement describing how investment funds are derived from the sale of real estate. Include information on how the investor obtained the real estate, such as the source of cash for the acquisition.
• Stock Market Proceeds – This includes the deposit of sale proceeds as evidenced by bank statements, purchase and sale contracts, as well as share transfer agreements, which trace the stock’s journey from the original owner through the investor to the buyer. The investor’s capital source statement explains how he or she bought stock and shows the selling proceeds. Employment and payment documents, property sale records, and bank statements are all examples of lawful sources of purchasing money for purchased shares.
• Loans – The capital source statement must include the loan terms and collateral. A loan from a private lender must include the identity of the lender, show how the funds were obtained, and a copy of the loan contract. A loan from a private lender must include a capital source statement from the lender detailing how the funds were obtained. The facts in the investor’s capital source statement must match the bank statements demonstrating the loan amount’s deposit. Any assets used as collateral must have deeds and certificates of ownership, as well as asset appraisals. For the loan to be legally secured against the asset, bank records and government paperwork proving taxes were paid are required. 
• Gifts – The capital source statement must state that the investment funds were gifted to the investor, as well as the person who gifted the funds and the method through which they got the assets. The individual who gifted the funds completes a capital source statement that explains how they received the funds. The facts in the investor’s capital source statement must match. It must include a letter from the person who gifted the funds, certifying the amount and stating that the investor is not required to repay the funds. Bank statements proving the gifted funds were deposited must be submitted. 
• Inheritance – It should include proof of relationship to the deceased, such as a death certificate from a parent and a copy of the will. An investor who used an inheritance for investment funds must submit a capital source declaration from the deceased and how the assets were acquired. Pay stubs or tax records are examples of proof that the deceased received the assets legally. Bank statements demonstrating money transfers from the source account to the heir’s account must be submitted. Affidavits or letters of recommendation from a trustworthy source are required if no documentary evidence is available.

Learn more about EB5 Source of Funds Requirements.

How much investment is required for EB5 visa?

The investment required for the EB5 visa is either US $1.05 million or an EB5 minimum investment of $900,000 in a TEA is needed through a USA Regional Center project or in a new business directly.

How do EB 5 investors receive their money back?

EB 5 investors receive their money back if the borrower/developer successfully develops and executes on the development project that the EB 5 investor invests in through an EB 5 USA regional center.

Can an EB-5 investor obtain a loan to make an EB-5 investment more affordable?

Yes, an EB5 Investor can obtain a loan to make an EB 5 investment more affordable. Loan proceeds are an acceptable form of capital for an EB-5 investment with the following conditions: the EB-5 investor must be the loan’s primary borrower and be personally liable for repayment, and the loan must be secured by the investor’s personal assets.

Is it necessary for an EB5 investor to open a US bank account?

No, it is not necessary for an EB5 investor to open a U.S. bank account. EB5 investors often face challenges in opening a bank account in the U.S. without a physical address in the U.S. or without a social security number. A US bank account should be opened so that the investor is able to deposit funds. After that, funds are transferred into an EB-5 Escrow Account – a 3rd party (the escrow agent) who receives, holds, and then disburses the money upon satisfaction of mutually agreed upon release conditions (between the investor and the EB-5 issuer).

Can I Use a Bank Loan to Apply for an EB5 Visa?

Yes, you can use a bank loan to apply for an EB5 visa but there are strict conditions that must be met.

First, the loan must be secured by a property owned by the EB-5 investor; the property’s value must be equal to or greater than the loan’s amount; and the lender’s security interest must be noted in the government’s property records before the loan is approved. Second, the EB-5 investor must personally guarantee the loan’s repayment and serve as its primary borrower. Third, neither the EB-5 investor’s ownership interest in the EB-5 investment entity nor any of the entity’s assets will be pledged as collateral for the loan. Applying for a bank loan becomes necessary for an EB5 Visa when you need to supplement your minimum investment requirement of $800,000.00. 

Is the EB5 Visa Taxable?

Yes, an EB5 investor is subject to paying taxes. Until they obtain conditional permanent resident status in the US, EB-5 investors who receive distributions from a project in a Regional Center or as a result of their investment in a new commercial enterprise are typically subject to withholding tax (if in the United States in another lawful immigration status).

Based on the significant presence requirement, they might be subject to US income tax if they are in the country. A federal income tax is levied on the worldwide income of EB-5 investors once they are granted conditional permanent residency in the US. Both domestic and international sources of revenue are included in this. However, if the US and the investor’s home country have an income tax treaty, a foreign tax credit could be granted on income that is taxed outside of the US. There are certain nations with whom the US does not have income tax treaties. In addition to income taxes, EB-5 investors must pay gift, estate, state, and generation-skipping transfer taxes.

Many major banks, as well as local and foreign ones, provide loans and other banking services to EB-5 regional centers, project developers, fund managers, and foreign investors.

What are EB5 Visa Cost Factors?

The EB5 visa cost factors include EB5 Investment cost, filing fee for USCIS Form I-526, legal fee for an immigration attorney, application fee for an immigrant visa or fee for changing your status, filing fee for USCIS Form I-829, finance charges for regional center, business plan fee for EB5, registration fee of business entities, and translation fees of documents.

See EB5 Visa Requirements.

What is the biggest EB 5 Visa Cost?

The biggest EB 5 Visa cost is the EB5 investment. The amount you must deposit in order to be eligible for an EB5 visa is known as the EB5 investment. Currently, $1.05 million is required to invest in order to be eligible for an EB5 visa. For investment in a commercial enterprise principally doing business in a targeted employment area or in a regional center-associated infrastructure project the investment cost is $800,000. A region with a high unemployment rate or one that is rural qualifies as a TEA.

What is the percentage of EB 5 Visa Attorney Cost in total EB5 Investment Visa Cost?

The percentage of EB 5 visa attorney cost in the total EB5 investment visa cost varies depending on the attorney as well as the type of investment being made. For example, providing legal guidance for a direct EB-5 investment rather than a regional center investment requires more time and double the work. The typical range is between $20,000 and $30,000, depending on the work being performed and the experience of the EB 5 Visa Attorney.

Does EB5 Visa Provide Citizenship?

Yes, an EB5 visa does allow an investor to become a U.S. citizen. They are permitted to apply for citizenship after five years of having “unconditional residency” status (the 10-year Green Card) and having met other requirements regarding naturalization. In total, you must live in the US for at least seven years before applying for citizenship.

Is it necessary to refresh the EB5 Visa?

Yes, it is necessary to renew the EB5 visa six months before it expires. You do not have to reapply for a visa if you have received an EB-5 visa with a ten-year validity period. You only need to renew it before it expires.

How long is an EB 5 Visa good for?

An EB 5 visa is good for 10 years. It allows the investor, his or her spouse, and their unmarried children under the age of 21 to have 10-year Green Cards, which are renewable. EB-5 Visa holders are permitted to stay and work in the United States on a permanent basis with their Green Card. Green Card Holders through EB-5 Visa will have the option to apply for naturalization and receive all applicable rights and benefits five years after their initial conditional residency.

On the other hand, when you need to reapply for your ten-year EB 5 Visa, it may take 6 to 10 months from the date of filing the I-90. Although unlikely, the US government may also reject an application for a EB-5 Visa renewal if the application has any issues regarding the law and instructions. Some of these circumstances include committing a felony, failing to pay taxes, lying on the application, or submitting the incorrect form. This may affect the cost.

There are a few fallbacks with EB 5 Visa like having to make an investment before visa approval. This investment can be quite risky because there is no guarantee that the EB5 investor will not lose his investment money nor he will get a Green Card. Furthermore, an EB5 investor has to manage all business activities in the investor’s company because the Regional Centers only creates 10 jobs and provides the necessary documents for the selected project. Another fallback is the extension period of obtainment.