EB-5 Program

A Step-by-Step Guide to the
EB-5 Cost & Process

EB-5 Grandfather and his grandkids
Partnering With The World’s Most Trusted Organizations

Understanding What it Takes to Complete the EB-5 Visa Process

The path to permanent residency is not without difficulties. The process can be lengthy and complicated. Partnering with the right regional center and immigration attorney can make a world of difference, but even with the right partners, we still recommend educating yourself on the process so you can be prepared. We’ve compiled a step-by-step guide to the process, as well as some answers to common questions. When in doubt, you can always schedule a call with one of our experts to learn more. We can also connect you with an immigration attorney who is skilled in EB-5 visa applications.

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EB-5 Process

Select an EB-5 Project
Investigating & Selecting Your EB-5 Real Estate Project

After you’ve had an initial call with us, take a look at our portfolio of past projects to get a sense for the kinds of projects American Life has completed. With American Life, every project has been thoroughly vetted so you can rest assured that you’re making a safe, secure investment in compliance with all EB-5 visa requirements.

Choosing the Investment Model for You
Unlike most other regional centers, American Life offers two investment options. 

OPTION A:

Preferred equity provides investors with a similar structure to an EB-5 “loan model,” with a fixed return.

OPTION B: 

As an equity owner, the EB-5 investor receives a more significant but variable portion of the distributed income and capital gain associated with their limited partnership interest.  

Capital Investment
Funding Your Investment

Once you have a project selected, you will need to provide your investment funds to us ($800,000 + syndication fees depending on project).

File Form I-526E
Working with an Immigration Attorney

You’ll want to select an immigration attorney with substantial EB-5 experience to help you prepare documentation that proves a lawful source of funds, as well as file an I-526E petition to the USCIS on your behalf. You will then need to wait to receive I-526E approval from the U.S. government before proceeding unless you are able to use concurrent filing.

Visa Application
After Receiving I-526 Approval

Once you receive approval, what you do next will depend on your unique situation. If you live in the U.S. in lawful status and are otherwise eligible, your immigration attorney will file form I-485 so you can adjust your status. If you live outside the U.S., you will file a form DS-260 with the National Visa Center. You will then interview at a local embassy or consulate when a visa is available, and receive your immigrant visa. If you are not living in the U.S., you will need to enter the U.S. within 150 days.

Conditional Green Card
2-Year Conditional Permanent Residency

Once you enter the United States, you will receive a 2-year conditional permanent resident status. You’re only a few steps away from a permanent green card.

File Form I-829
Remove Conditions on Residence

After the two years of conditional residency, you will file an I-829 petition to remove the conditions on your residency. You will want to file removal of those conditions within 90 days of the end of the 2-year conditional resident period. American Life will supply all supporting evidence that you met the requirements of the EB-5 program including evidence of the limited partnership’s success, your sustained capital investment, and the creation of direct and indirect employment.

Permanent Green Card
The Final Step

Once the I-829 petition is filed with the USCIS, your conditional permanent residency is extended while you wait for your official approval from USCIS. Once you receive final approval, you will receive a permanent residency card. You are now able to stay in the United States indefinitely.

Eligibility for Citizenship
Optional: Become a U.S. Citizen

The EB-5 program not only provides a pathway to permanent residency, but U.S. citizenship as well. Five years after receiving your first conditional green card, you are eligible to file an N-400 naturalization application with USCIS to become a U.S. Citizen.  Congratulations!

EB-5 Reform Act - American Flag NYC
EB-5 Reform & Integrity Act of 2022

What You Need to Know About the 2022 EB-5 Reform and Integrity Act

The EB-5 Reform and Integrity Act is an extensive reform of the EB-5 immigrant investor program that happened in 2022. The primary goal for the act was to make the process more transparent, efficient, and fair for everyone. With revised investment amounts, streamlined processes, and stricter security measures, the new legislation aims to improve the program’s effectiveness, integrity, and economic impact. Take a look at our comprehensive checklist outlining the updates. 

  • Adjustment for Investment Inflation
    The EB-5 Reform and Integrity Act changed the program’s minimum investment requirements to better reflect the latest cost of living and inflation rates in the United States. The new minimum investment for an EB-5 green card is $1,050,000—which is lowered to $800,000 for projects in Targeted Employment Areas (TEAs) or rural areas.
  • Project Prioritization in Targeted Employment Areas
    To enhance rural and low-income neighborhoods in the United States, there are now better incentives for investors to prioritize projects in TEAs. The aim is to promote economic growth, job creation, and revitalize struggling communities. TEA investors now get access to exclusive set-aside visa categories, which can allow investors from popular countries like China and India to immigrate faster than previously possible.
  • Renewal of the EB-5 Regional Center Program
    The program was extended to September 2027.
  • Improved Application Efficiency
    The new act aims to make the application process more efficient and transparent. It allows for concurrent visa filing to boost efficiency and make it easier for immigrants to live in the U.S. while their paperwork is processing.
  • Enhanced Security Measures
    When handling such a large amount of money, there are (understandably) concerns about fraud. The new legislation created rules like mandating background checks for regional center leaders and project developers, as well as empowering the Department of Homeland Security to perform inspections, in order to reduce the risk for investors.
Frequently Asked Questions

EB-5 Visa FAQs

Want to know more? Browse frequently asked questions about the EB-5 visa program or head to our FAQ page to learn more.

How long does an EB-5 take to process?

Processing times vary, but investors should be prepared to wait twelve months or more for approval of the I-526E petition. It can then take 4-6 months to secure the visa from the consulate. Additional wait periods will apply if you are coming from a country that has exceeded its annual quota, requiring that you wait for a visa to become available. Currently this only applies to a few countries in the world… most countries have an EB-5 visa available and waiting for you right now.  

What is the success rate of the EB-5 visa program?

Overall, the approval process is very high, nearly 100%, when investors choose an experienced EB-5 program like American Life, and utilize a skilled immigration attorney. 

How much does the EB-5 visa cost?

The total cost of the EB-5 process includes the minimum investment amount of $800,000 for projects located in designated Targeted Employment Areas (TEAs), which encompass rural and high-unemployment areas, or $1,050,000 if located elsewhere.

In addition to the investment, applicants should budget for legal fees, administration fees, and the USCIS filing fees– the combined total of which can sometimes exceed $100K.

What is the filing fee for an EB-5?

The USCIS charges a fee to file Form I-526E, also called the Immigrant Petition for Alien Entrepreneur Form. The current filing fee required for the form is $11,160.

Can I get a loan for an EB-5 investment?

You can get a loan from a bank, a lending institution, from friends or family, or even from a source in the United States, so long as the funds are from lawful means.

Can an EB-5 visa be delayed or rejected?

Yes, an EB-5 visa can be delayed or rejected at any stage in the process for various reasons. No immigration attorney or regional center can 100% guarantee success.

The most common problems encountered for EB-5 visa applications have been related to insufficient documentation of the source of funds by the investor. Due to privacy, and sometimes cultural reasons, many EB-5 investors try to disclose the least possible information only to have the file returned with a request for further information. It is better to provide too much information rather than too little. In this era of terror alerts and suspicions about money laundering, USCIS case examiners require well-documented support for the source of your invested funds.

We use the same investment model for each case and each project. USCIS has reviewed our investment model and has approved visa petitions based on our model. Furthermore USCIS changes its adjudication policies from time to time. Such changes often require further explanation of the project structure, which can delay visa approval, and occasionally result in visa denials. In the unlikely event of visa denial based on project structure, American Life, Inc. will defend its investors’ interests in Court at its expense.

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Still have questions?

You can download our brochure for more information or schedule a call with one of our experts.

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Why American Life?

Partner with the Trusted Name in EB-5 Immigration

American Life is the longest established EB-5 program in the United States, helping thousands of investors and their families achieve their American Dream. Are you ready to get started?

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  • 8,000+ EB-5 Visas Granted
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  • 3,000+ Investors
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  • 45+ Projects Completed
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  • 100% Required EB-5 Job Creation
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  • $1.5 B Total Market Value
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  • $225 M Capital Returned
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  • 3,400+ I-829 Approvals
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  • $285 M Profit Distributions
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Our $1.5 Billion Investor-Owned Real Estate Portfolio

Our portfolio of critically-acclaimed EB-5 equity projects includes partnerships with global brands like Marriott, Hilton and Hyatt hotels. It’s proof of our ability to develop successful, job-creating EB-5 projects that enhance the communities we work in, while also helping our investors achieve their American dream.