January 25, 2016

On January 13, 2016, the National Law Review published an article entitled “Five Common EB-5 Misconceptions Explained.” Following is a short summary of that article.

Misconception Number One: Investment into the EB-5 Immigrant Investor Program guarantees a green card.

Fact: There is no guarantee. The investors’ capital is entirely at risk until the project has been completed and all statutory

requirements have been met.

Misconception Number Two: Investment into the EB-5 Immigrant Investor Program creates a fast path to a green card.

Fact: EB-5 is one immigration program where there are no shortcuts to getting a green card. Current processing times included 13-14

months for I-526 petitions and 11-12 months for I-829 petitions.

Misconception Number Three: The EB-5 immigrant visa is available only to the wealthy.

Fact: The primary consideration is that the source of funds for the investment must be legitimate and legally obtained.

Misconception Number Four: The EB-5 Immigrant Investor Program benefits only the wealthy.

Fact: The communities and the unemployed labor force are primary beneficiaries of the EB-5 program through economic development

and job creation.

Misconception Number Five: The EB-5 Immigrant Investor Program is a runaround of the security checks in place in the U.S. immigration system.

Fact: Background checks are performed at least twice during the application process, both prior to receiving a conditional and

receiving a permanent green card.

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