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Immigration FAQs
1. How many immigration visas are allocated each year for the EB-5 category?
2. Who are eligible for receiving the permanent residency green cards offered under the EB-5 Program?
3. Do investors have to speak or read English to apply for an EB-5 visa?
4. Do investors have to demonstrate that they come with previous business experience or a minimum level of education to apply for an EB-5 visa?
5. What are some of the standard benefits to invest in an USCIS-designated Regional Center to obtain EB-5 visa?
6. Is the Las Vegas EB-5 Immigraetion Regional Center an USCIS-designated Regional Center?
7. How does the Las Vegas EB-5 Immigration Regional Center satisfy the job creation requirement for the EB-5 program?
8. What is the procedure to apply for the U.S. green card through the EB-5 program?
9. What is the difference between "conditional" and "unconditional" green cards?
10. Can investor apply for the EB-5 Immigration visa if he/she has been rejected by the USCIS for other type visa?
11. Do investors need to retain an immigration attorney?
12. What type information and documents are required for submission to an EB-5 petition?
13. How long is the processing time for the I-526 Petition?
14. How long is the processing time for the I-829 Petition?


1. How many immigration visas are allocated each year for the EB-5 category?
The EB-5 program allots 10,000 visas per year for aliens and family members whose qualifying investments result in the creation and/or preservation of at least 10 full-time jobs for U.S. workers. Since the program’s inception in 1990, the EB-5 visa category has never seen a backlog.

2. Who are eligible for receiving the permanent residency green cards offered under the EB-5 Program?
Qualified investor, along with their spouses and any unmarried children under the age of 21 at the time of the I-526 petition are eligible for receiving the permanent green cards, granted their investment has fulfilled the federal guidelines under the USCIS terms.

3. Do investors have to speak or read English to apply for an EB-5 visa?
No,  investors do not need to be proficient in English to apply for an EB-5 visa.  However, investors must sign the English version of all agreements and applications. Las Vegas EB-5 Immigration Regional Center prides itself on the professional commitment and service staff which act to make every reasonable effort to assist investors to prepare the required documents in English.

4. Do investors have to demonstrate that they come with previous business experience or a minimum level of education to apply for an EB-5 visa?
No, investors do not need to have any previous business experience or meet any minimum level of education to apply for an EB-5 visa. The only requirement that investors must abide is the required capital he or she wishes to invest. Additionally, investors must be able to prove that the investment funds come from lawful sources, such as profits from businesses, salaries, stocks or bonds, sales of property, inheritances and gifts.
Lastly, investment assets cannot be tied or wrapped-up in any other financial commitment, such as collateral on a borrowed note.

5. What are some of the standard benefits to invest in an USCIS-designated Regional Center to obtain EB-5 visa?
According to USCIS official statistic, approximately 90-95% of the green cards filed each year are filed by through Regional Center affiliated investment.  The principal advantage of the Regional Center program is to allow to investors to rely on indirect employment rather than direct employment.  On top of it, investors do not have to get involved in the day-to-day operation and management of the business. 

6. Is the Las Vegas EB-5 Immigration Regional Center an USCIS-designated Regional Center?
Yes.  The Las Vegas EB-5 Immigration Regional Center is an USCIS approved and designated Regional Center. To obtain the designation, Las Vegas EB-5 Immigration Regional Center demonstrates and maintains the top-quality in management expertise in real estate investment, capital markets and approved job creation methodology. Additionally, LVIRC excels with its ability and commitment to promote the economic growth in metropolitan Las Vegas area.

7. How does the Las Vegas EB-5 Immigration Regional Center satisfy the job creation requirement for the EB-5 program?
By investing in the Las Vegas EB-5 Immigration Regional Center, investors do not have to create 10 jobs directly, because jobs can be created either directly and/or indirectly. Indirect jobs refer to jobs calculated using USCIS-approved economic forecasting models. The Las Vegas EB-5 Immigration Regional Center partners with economic consulting firm that is specialized the EB-5 program, to conduct economic analysis for each of our real estate projects.  Through the high-quality projects we select, the Las Vegas EB-5 Immigration Regional Center ensures that each investor satisfies the 10 job requirements and follows through with the federal guidances in order to obtains their final I-829 approval from the USCIS. 

8. What is the procedure to apply for the U.S. green card through the EB-5 program?
Applying for the U.S. green card through the EB-5 program is a two-step process. The first step is file the I-526 Petition for a conditional green card. Under the USCIS regulations, an EB-5 investor who is approved for the EB-5 immigrant visa first receives a "conditional" green card, which is granted upon the approval by USCIS of the investor’s I-526 Petition. The second step is file the I-829 Petition to move the condition and receive a permanent green card or an unconditional green card. One year and nine months after the conditional green card is issued, investor has 90 days to file I-829 Petition to lift the condition. If all investment and job creation requirements are met, then USCIS will grant the "unconditional" or permanent green card.
 

9. What is the difference between "conditional" and "unconditional" green cards?
A conditional green card is a temporary green card valid for two years.  An "unconditional" or permanent green card has no expiration date. Other than the difference in expiration date, conditional and unconditional green cards provide cardholders the same rights as legal residents in the United States.

10. Can investor apply for the EB-5 Immigration visa if he/she has been rejected by the USCIS for other type visa?
Rejection in the past does not disqualify an applicant for the EB-5 immigration visa, unless the reasons are related to immigration fraud or other major issues. Investor should disclose all medical, criminal, or U.S. immigration history issues to the Las Vegas EB-5 Immigration Regional Center and the immigration attorney in advance of the EB-5 petition submission.
 

11. Do investors need to retain an immigration attorney?
We strongly recommend investors to retain independent legal counsel to guide investors through the entire EB-5 Immigration process. The Las Vegas EB-5 Immigration Regional Center will provide a list of qualified and trusted immigration attorneys to handle the applications. Investors should make their own arrangements for legal representation. 

12. What type information and documents are required for submission to an EB-5 petition?
Each EB-5 applicant needs to prepare complete biographical information, and the principal applicant must provide sufficient documentation to prove the source of the investment funds.

13. How long is the processing time for the I-526 Petition?
From the date that one submits the I-526 Petition, the current waiting period takes approximately 6 months to receive the approval notice of the I-526. 

   
14. How long is the processing time for the I-829 Petition?
From the date that one submits the I-829 Petition, the current waiting period can take approximately 5 months to receive the approval notice of the I-829. The Las Vegas EB-5 Immigration Regional Center provides the job creation verification to USCIS for each investor’s I-829 application and ensures that the USCIS job creation requirements are met. Once the I-829 petition is filed with the USCIS, investor’s conditional permanent residency is extended for one more year.

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