Attorneys Law Firm Practicecontact us
12 Oct 2023

My friend and I are both in H1B status and are thinking of investing in a hotel together. We then want to use that investment to apply for green cards through the EB5 category. Is that possible?

Answer If two or more EB5 investors wish to invest in the same project, the investment must be made through a regional center. (12.Oct.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

06:04 / EB5 Investor / FAQs / For Individuals / Investor / Resident
14 Sep 2023

At the end of 2021, I filed an EB5 case based on an investment of $500,000 in a regional center located in a rural area. My I-526 is still pending. Can I now make an additional $400,000 investment so that I fall under the new EB5 rural category? And would this allow me to then file my I-485, since that EB5 category is current?

Answer No. What you are proposing generally would not work. If you wish to fall under one of the new EB5 sub-categories (e.g., EB5 set aside; rural), you would need to make a new $900,000 investment and then file an I-526 petition (or I-526E petition, if...

06:46 / EB5 Investor / FAQs / For Individuals / Investor / Resident
04 May 2023

To do an EB5 investment, do I have to get money from outside the U.S., or am I allowed to use money I earned while in this country?

Answer Using money lawfully earned in the U.S. is perfectly fine for an EB5 investment. (03.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright © 2023, MURTHY LAW FIRM. All...

09:05 / EB5 Investor / FAQs / For Individuals / Investor
27 Apr 2023

Prior to passage of the new EB5 law, I filed an I-526 petition based on my investment in a regional center that is located in a rural area. In the monthly visa bulletin, which EB5 category applies to my case?

Answer Based on the EB5 Reform and Integrity Act of 2022, which was signed into law in March 2022, the EB5 program in the visa bulletin is now separated into four categories: (1) Unreserved, (2) Rural Set Aside, (3) High Unemployment Set Aside, and (4) Infrastructure...

08:13 / EB5 Investor / FAQs / For Individuals / Investor / Resident
05 May 2022

I am interested in applying for a green card through the EB5 program based on an investment in my own business. How do I determine if a location qualifies as a targeted employment area (TEA) based on its being an area of high unemployment?

Answer Trying to determine whether a particular location qualifies as a high unemployment area can be challenging. The requirement is that the business must be located in a census tract, or contiguous census tracts, experiencing unemployment of at least 150 percent of the national average. Sometimes,...

09:25 / EB5 Investor / FAQs / For Individuals / Investor / Resident
09 Dec 2021

Have there been any updates on the status of the EB5 program? Is it still possible to qualify for EB5 based on an investment of $500,000, or has the investment requirement changed?

Answer No, there have not been any recent changes. For now, we are still waiting to see what Congress will do regarding reauthorization of the EB5 regional center program. Congress passed a continuing resolution to keep the government funded through February 18, 2022. The hope is...

09:03 / EB5 Investor / FAQs / For Individuals / Investor / Legislation / Resident
15 Jul 2021

I invested in a regional center and filed my EB5 case several years ago. It was approved a few months ago, so I filed my I-485 application, along with my EAD application. Will the USCIS continue to adjudicate my applications, even though the regional center program has expired?

Answer For now, the USCIS will not adjudicate any I-485 applications filed based on an I-526 petition, where the investment was made in a regional center. Assuming Congress renews the program, the USCIS is expected to resume processing these I-485 applications.As for the EAD application (form...

08:00 / EB5 Investor / FAQs / For Individuals / Investor / Resident
08 Jul 2021

Both of my brothers are U.S. citizens, and they are looking to build a new motel. If I invest $500,000 in this motel, and it creates 10 jobs, can I use that to apply for a green card through the EB5 program? Or, do we have to create more than 10 jobs, since there are multiple investors?

Answer Assuming the business is located in a targeted employment area (TEA), it may be possible to invest $500,000 in this business and apply through the EB5 program. If multiple people invest in a business, the business must create ten new jobs per EB5 investor. So,...

06:57 / EB5 Investor / FAQs / For Individuals / Investor