FAQ

EB-5 Immigration

What are the basic requirements and timeline for an EB-5 visa?

There are several basic requirements for an EB-5 visa.

Invest the minimum amount in a qualified US business (“New Commercial Enterprise” or NCE) or approved regional center

Create 10 permanent jobs (direct or indirect) for American workers with the NCE
There are three steps to the EB-5 process:

I-526 Petition: Once an investor has made the required investment, they would file the I-526 petition. This petition includes project documents and documents related to the investor’s source of funds.
Conditional Resident Application: USCIS is currently allowing for concurrent filing of a green card application. This means that most applicants, except for those born in India, China, and Vietnam, are eligible to apply for their green card along with the I-526 petition if they are present in the U.S. and meet specific requirements. Otherwise, upon approval of the I-526 petition, if their priority date is current, the investor and family can apply for their conditional green card. The conditional green card, once approved, is valid for 2 years. Within the 90 days before the expiration of the green card, the investor and family members apply to remove the conditions on their green card by filing form I-829.
Form I-829: USCIS will review the and confirm that the investor’s funds stayed at risk throughout conditional resident status and the project created the necessary jobs. Once the I-829 is approved, the investor and family are lawful permanent residents of the U.S.

What is the EB-5 quota?

Congress has allocated approximately 10,000 visa numbers for EB-5 investors and family members. Under the 2022 EB-5 Integrity and Reform Act (“RIA”), 32% of the annual EB-5 immigrant visa quota is set aside for specific types of TEA projects. Here is the breakdown of what those set-asides are reserved for:

20% are for those investing in a rural area of the United States;
10% are for those investing in a high unemployment area (designated by USCIS);
2% are for those investing in qualified infrastructure projects administered by a government entity.

Must concurrent filing be used?

Absolutely not. An individual may continue to wait for approval of the I-140 before filing the I-485, and in many cases we advise that it is prudent to wait. However, in cases where the person’s ability to extend their H-1B nonimmigrant status past their six-year maximum under AC-21 can be limited by the timing of the filing of the I-485 when their priority date is current, we advise to please check with the attorney since, in those cases, it would be prudent to file the I-485 concurrently with the I-140.

Can I “port” my EB-2 or EB-3 priority date to my EB-5 petition?

Unfortunately, no. You cannot use your EB-2 or EB-3 Priority Date for your EB-5 petition. Your EB-5 priority date is the date USCIS received your I-526 Petition.

I was born in a backlogged country but am a citizen of Canada, will I still be subject to the backlog?

Yes. Unfortunately, the country against which you are “charged” for your visa number is your country of birth. Because you were born in a backlogged country, your visa and that of your family will be charged against the visa numbers for that country.

E2 Visa – Grenada

What is the Grenada E-2 Visa?

Grenada citizenship makes you eligible for an E-2 Treaty Investor Visa. This means that Grenadian passport holders can apply for an E-2 Visa for the US. Once the E-2 Visa is approved, you can move and invest in a business in the United States.

How long does it take to get an E2 Visa Grenada?

Grenadian citizens can apply for an E-2 Visa and get it approved within a time frame of three months.

What is the amount needed for an E-2 Visa?

To acquire an E-2 Visa, an applicant must be prepared to invest a minimum amount of $100,000 in the US economy.

Is the E-2 Visa open?

Yes, the E-2 Visa is still open and available for interested applicants.

Do Grenada citizens need a visa for the USA?

Yes, Grenadian citizens do require a visa to enter the United States of America. However, Grenadian citizens can apply for long-term multiple-entry visas for up to ten years if they wish to.

How long can US citizens stay in Grenada?

US citizens can stay in Grenada for a period of 90 days without a Grenadian visa.