Relationship between job creation and return of investment principal.

"If my I-829 is denied because the Regional Center project fails to create the necessary jobs, does that mean I lose my principal?"

This is a common question asked by prospective investors stemming from confusing the immigration process with the investment process. While the EB-5 investor is investing in order to obtain a greencard, legally, the two are separate processes.

The following assumptions are being made in the picture below:
1) 5-year term loan;
2) the loan to the project is made immediately after the I-526 is approved (while the funds are released from escrow immediately after the I-526 approval, depending on how the deal is structured, these funds can be held until other investor's I-526s are also approved);
3) the I-485/consular interview process is completed in 6 months.

(Click on the picture to view it larger.)

In theory, there are four different outcomes in a "loan-based" EB-5 process.

1) Greencard approved (A) + Principal returned (B)
2) Greencard approved (A) + Lose principal (because something goes wrong with the project between point A and point B and borrower fails to repay at the end of 5 years)
3) Greencard not approved (because required number of jobs not created at point A) + Principal returned (because project went ahead despite intial delay and borrower repays principal)
4) Greencard not approved (because required number of jobs not created at point A) + Lose principal (because of borrower's inability to repay at the end of 5 years)

Note, again, that this is assuming that the EB-5 investment is a loan-based investment and not an equity based investment. Please bear in mind that this is a simplified scenario. In real life, the lender's interest is likely to have been secured so the Regional Center will look to enforce its security interests. Also, as mentioned in the assumptions above, the timing can be off if the Regional Center waits for other I-526s to be approved before making the loan. Furthermore, the USCIS has indicated that even if the jobs have not been created yet, they will look to see if the jobs "can be expected to [be created] within a reasonable period of time." Suffice it to say that in the legal world, "reasonable" is a double-edged sword: it can save you or open up a huge can of worms.

How long does the EB-5 Process take?

The below post was originally written in December 2011 and updated in December 2012 and then again in July 2013). - jp

The most frequently asked question we get from prospective investors is "How soon after I apply for the EB-5 visa can I enter the United States?" Adding up all the months on the lower end, you can expect to be able to enter the country in approximately one year, but it often takes longer.

1. Selecting the right Regional Center project (1 to 3 months): choosing the right project can take longer than you expect. In addition to the time it takes to learn about the process enough to be comfortable about investing, potential investors also might have to wait until a prospective project they learned about through pre-launch information opens and accepts subscribers.

2. Preparing the application (approximately 1 month): this is the time that it will take your lawyer to prepare the application.**

3. Form I-526 review: As of April 30, 2013, official review time for I-526s is 12.7 months! (6 to 9 months)(Update: More RCs are reporting longer wait period compared to last year. In addition, the USCIS announced on Dec. 4, 2012 that they are moving the entire EB-5 team from California to Washington, D.C., which will most likely result in further delays.): the current USCIS processing time is 5 months. (Update: sometime during 2012, on an EB-5 stakeholder's call, it was casually explained that these posted numbers are not only "targets" (which we already knew) but the time it takes for a petition to make it to the adjudicator's desk.)  But Regional Centers are reporting longer wait periods. Once the I-526 is approved, your funds are released from the Regional Center's escrow account. (If Premium Processing is introduced, this stage will be reduced to 2 weeks. Which brings us to the second most asked question, "When will Premium Processing be introduced?")(Update: As of December 2012, we now know that Premium Processing will NOT be happening and there are no plans in the future to introduce it.)

4. Consulate interview or Adjustment of Status Form I-485 filing (4 to 9 months): This timing depends on where you are and how backlogged the USCIS is - this is why you will see many different websites showing different numbers for this part.

After this stage you can enter the United States on your conditional greencard which is valid for two years.

5. Filing for Removal of Conditions Form I-829: this filing is done during the period between the 21st and 24th month after receiving your conditional greencard. This process takes approximately 6 to 9 months. (If the investor is already in the United States on a non-immigrant visa, the beginning date will be the date of your I-485 approval. If the investor processes overseas, the date will be the date you enter the United States as a conditional resident based on the I-551 stamp.)

6. Five years after receiving your conditional greencard you can apply for U.S. citizenship.

** Please note that if your home country has currency restrictions this can add more time to the timeline. (This does not mean that a prospective investor should start wiring funds to save time prior to consulting with his or her attorney.)

And the rejected version of our New Year Card.

I personally liked this better but survey participants preferred the red one because it was more festive.

Happy New Year 2012!

Happy New Year everyone! (In case you didn't get this in your Inbox.)