Frequently Asked Questions
How many immigrant visas are allotted for investors?
The USCIS reserves 10,000 visas per year for EB-5 investors. 3,000 of these visas are set aside for foreign nationals who invest through Regional Centers.
Do I have to have business experience to qualify as an investor?
No, EB-5 investors are not required to have any prior business experience.
How can I apply for a visa through the CDRC program?
To learn more about the City of Dallas Regional Center program, please contact the City of Dallas Office of Economic Development International Business Division.You can also visit Civitas for detailed information about the application process and investment opportunities.
Can I apply if I have been rejected in the past by USCIS for a L-1, B, or other visa?
Previous rejections do not disqualify applicants unless the reasons are related to immigration fraud or other serious disqualifying circumstances as determined by the USCIS.
What information and documentation are required for CDRC participation?
Through the CDRC Manager, Civitas Capital Management, LLC, an investor can request and receive the initial application material, securities subscription documentation and other materials required to submit an I-526 petition and participate in CDRC investments. Various documents will be required in connection with this petition, including financial statements, tax, and other personal and financial documents.
What is meant by the requirement that the investor’s assets be “lawfully gained”?
The USCIS requires investors to prove that capital they invest in CDRC offerings were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan, or other lawful means.
What are the business obligations of an investor?
An investor must be “active” in the management of his or her investment. Investors in CDRC offerings will be limited partners in limited partnerships established by Civitas for the CDRC. Maintaining a limited partnership interest qualifies as “active” participation.
What are my risks?
All invested capital must be “at risk” of loss under USCIS regulations. As a result, possible risks include, but are not limited to, standard investment risks, the failure to meet job creation requirements, and USCIS’ failure to approve an investor for participation in the immigrant investor visa program.
Does the investor need to hire an attorney?
It is highly recommended that an investor obtain legal counsel for the submission of all immigration petitions. The CDRC manager will maintain a list of qualified attorneys; however, investors are able to hire any attorney they choose. Please contact Civitas for more information.
How long must an investor keep his money in the CDRC investment?
Generally five to seven years depending on the investment.
If my USCIS petition is denied, will I receive my money back?
If you subscribed to a CDRC offering, and submitted an I-526 petition in good faith, then all invested capital will be returned to the account from which the funds originated. Application and legal fees affiliated with the CDRC may not be refundable.
How long is the processing time for the I-526 petition?
In general, it takes between 4 and 6 months for USCIS to process a filed I-526 petition, depending on each applicant’s circumstances. Additional CDRC pre-screening and processing time may apply prior to the submission of the I-526 petition.
When do I receive my permanent (unconditional) green card?
You must submit an I-829 petition to remove the “conditions” from your green card within the 90-day period preceding the 2-year anniversary of the date on which your I-526 petition is approved. Assuming program compliance, you will receive your permanent green card promptly upon the adjudication of the I-829 petition.
As of March 2010, I-829 adjudication generally takes approximately six months.
Who receives permanent residency (“green card”)?
Permanent residency will be granted to the primary EB-5 investor, his or her spouse, and any unmarried children who are under the age of 21 when the requirements of the program have been met.
After I receive permanent residency, will I need to stay in the US for at least 180 days per year?
There is no provision of US law that requires a permanent resident to remain in the US for 180 days per year either continuously or in the aggregate. However, if you intend to be outside the U.S. for extended periods of time, it is important that you seek legal counsel prior to leaving in order to ensure that you comply with U.S. law.
Will my children be able to remain in school in the U.S. if I leave the U.S.?