EB-5 FAQ
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- General
- 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?
- How long will it take to fill all 57 investor spots for the Graduate?
- Can someone take an equity position in the Graduate or any of our other EB-5 projects?
- Does the conditional green card have any limitations?
- Does EB-5 allow me to stay in the country while waiting for my green card? What happens if my EB-2 status is revoked while waiting for EB-5?
- Can you increase the number of investor spots for the Graduate beyond 57 investors?
- What are the chances that changes in EB-5 law could be retroactively applied?
- Can you be on other family-based visas while waiting for EB-5?
- 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?
- Requirements
- 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
- Do I need to be an Accredited Investor to Participate in EB-5?
- Can the Behring team help me determine if I am an accredited investor?
- Can you explain the accredited investor requirement?
- How do you calculate Net Worth?
- Cost
- How much are EB-5 lawyer fees?
- Who does the $500,000 investment go to? What is Berkeley Regional Center’s (BRC) role in the EB-5 deal?
- How much does EB-5 cost?
- Are your regional center fees considered registered capital?
- What is the minimum investment for EB-5?
- Partial Payments
- Must the entire amount be invested at the time of applying for an EB-5 visa?
- Can I make a partial payment of my $800,000 investment to get started?
- 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?
- How do you document and track the EB-5 investment source of funds?
- 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
- Process
- What is Consular Processing?
- What is the EB-5 Application Process?
- What is the process and when do I expect to get my investment back? How many investors have received money back from Behring?
- Time
- How long does it take to get a greencard with EB-5?
- What is the approximate time to get a conditional green card today?
- When DOES construction start and finish for the Graduate?
- Regional Center
- How many of your EB-5 projects are exemplar approved?
- What does it mean that Berkeley Regional Center Fund has 100% approval on adjudicated I-526s? What about non-adjudicated I-526s?
- What is an EB-5 Regional Center?
- Targeted Employment Area
- How does the Project qualify as a TEA?
- What is a Target Employment Area
- Job Creation
- How are jobs created through EB-5 investment?
- When do my jobs need to be created for my conditional green card? Do the jobs have to be created during my conditional green card period?
- How do you determine the number of investors for a project? How do you find investors? What happens if you don’t fill all the investor spots on a project?
- How do you verify the identity and 10 jobs created for my green card? Why do developers want to use funds from EB-5 investors?
- Do I still get credit for the jobs if I contribute my investment after the jobs were created?
- The USCIS website says that I need to create jobs during my 2-year conditional period. Do I get credit for the 600 jobs that are already created on the project?
- What Are the Job Creation Requirements for EB-5?
- How do jobs qualify for projects that are already under construction?
- Risk
- Does the loan-style EB-5 investment have loan insurance? What protections does the loan have?
- What if the developer goes bankrupt?
- What is the risk of the developer not completing construction of the project?
- Denial
- What can cause an I-829 denial?
- What happens if the I-829 is denied? What is the appeal process?
- Retrogression
- What is visa retrogression?
- What is the risk of my child aging out? How does retrogression impact my children at risk of aging out?
- What phase of the EB-5 process is impacted by Retrogression?
- How does retrogression impact my investment timeline?
- EB-2 / EB-3
- Can I apply for EB-5 if I have an H-1B visa?
- Can my spouse stay on EB-2 while I file EB-5?
- What happens to your EB-2 when you file an adjustment of status for your EB-5?
- Can we withdraw from EB-5 project if we receive a green card on EB-2 prior to EB-5?
- Will EB-2 or EB-5 be faster to get my green card?
- Can I change from H1-B to EB-5?
- Developer
- Does EB-5 work for my project?
Can I Use 401(k) funds for EB-5 investment?
Yes, 401(k) funds are allowable for EB-5 investments.
You must demonstrate that the capital you will invest was obtained through lawful means. It is likely that USCIS will want to see how you lawfully earned the funds that you deposited into your retirement account.
This means that you will have to produce income tax returns or other credible evidence of your earnings from employment for an extended period of time.
NOTE: You should consult with a tax specialist or retirement account financial adviser on the penalties and other possible consequences for early withdrawal of funds from such an account.
