- Who is eligible to receive immigration benefits from my EB-5 investment?
- How does EB-5 work when investing through a Regional Center?
- What is EB-5?
- What are the protections and guarantees in Behring Regional Center EB-5 projects?
- Can I travel outside the US for extended periods after I get my green card?
- Can I include my family members on my EB-5 visa petition?
- When can I apply for US citizenship?
- Is EB-5 a passive investment?
- How long must I remain in the U.S. each year?
- What is a reentry permit?
- Can adopted children immigrate with me on EB-5?
- What is a New Commercial Enterprise?
- Are there any nationality restrictions for EB-5 applicants?
- USCIS requires EB-5 investments to be “at-risk”, so how do your projects have guarantees?
- What are the EB-5 Investment Requirements?
- Can I apply if I've been rejected or terminated in the past by USCIS for a different visa application?
- May two or more investors qualify for immigration based upon a pooled investment in a single business?
- What is the I-526 Petition?
- What is the USCIS background check?
- What Can Disqualify an Investor from Participating in the EB-5 Program?
- What is an I-829 Petition?
- What is a I-485 Petition
- Accredited Investor
- Partial Payments
- Source of Funds
- Can I use a loan for EB-5?
- What documents need to be translated when filing the I-526 petition?
- Can I Use a Gift for EB-5?
- Can I Use 401(k) funds for EB-5 investment?
- I don't have $800K in cash. What are my options?
- What is the Source of Funds Report?
- 5 Things EB-5 Investors Can Do Preparing for Their Source of Funds Report
- Regional Center
- Targeted Employment Area
- Job Creation
- EB-2 / EB-3
How long must I remain in the U.S. each year?
Permanent residence is based on intent. The law does not prescribe a minimum period. Generally, you plan to leave the U.S. for over 180 days, you should consider applying for a reentry permit.
When you first obtain your EB-5 visa, after the Consular interview, you must enter the U.S. at least once within 180 days of visa issuance to establish your permanent residency. (This also starts your 2-year conditional residency period and is the date that determines job allocation for the green card for most projects.)
Evidence of intent to reside includes opening bank accounts, obtaining a driver’s license or Social Security number, paying state and federal income taxes, and renting or buying a home.
The United States resident may work overseas if required based upon the nature of the business or profession. However, all permanent residents must remain in the US for more than 6 months each year or they break “continuous residence” for purposes of applying for U.S. citizenship. Moreover, a permanent resident who wishes to apply for citizenship must be in the U.S. for 30 months of the 5 years prior to application.
Demonstrating If you plan to be outside the US for frequent or extended periods, please consult an immigration attorney.