The EB5 visa costs for filing include $3,675 for form I-526, $1,140 for form I-485 when adjusting status in the US, and $3,750 for form I-829. It is an attractive option to foreign investors who want permanent residency in the United States although it could be costly. In this blog post, we will break down the fees associated with obtaining an EB5 visa and provide some suggestions on how to cut costs. Below are the sub-topics that will be discussed in this article:
Breakdown of EB5 Visa Costs
The main cost of securing an EB5 visa is filing fees. Here is the fee that applies for every step:
- Form I-526 filing fee: $3,675
- Form I-485 filing fee (if the adjustment of status is filed in the US): $1,140
- Form I-829 filing fee: $3,750
Apart from these charges, additional expenses may be incurred as part of applying for an EB5 visa, such as translation charges, traveling costs, and document charges. These extra costs must be factored in when putting together a budget for your EB5 visa application.
Additional Fees Associated with EB5 Visa Costs
One of the main requirements for getting an EB5 visa is making a qualifying investment in the US. If it is in a TEA-targeted employment area, then it should be a minimum of $ 900,000, while if it is outside TEA areas, then it has to be more than $1.8 million. Some of these include:
- Investment Capital: Varies between $900,000 to $1.8 million
- EB5 project Fees: Varies depending on the project but can include due diligence fees, administrative fees, etc.
- Escrow Fees: There may be some fees involved if you use this service to make your investment.
- Securities and Exchange Commission (SEC) Fees: Certain types of investments require SEC compliance which will have its own fee structure.
It should be noted that EB5 investments carry risks and do not offer guaranteed returns on investments. Hence, one needs to undertake extensive research into any EB-5 opportunity prior to investing and engage an experienced immigration attorney before committing any resources.
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Administrative & Legal Fees in Relation to EB5 Visa Costs
In addition to filing fees and investor requirements in obtaining an EB-5 visa, there are legal and administrative charges that are incurred during this process. Here are some typical expenses:
- Administrative Fees: This includes translation charges for documents and notary public costs, among other miscellaneous charges that arise during the application process.
- Immigration Attorney Fees: While hiring an immigration attorney experienced in handling EB5 visas is costly, it is highly recommended. An attorney will help you through the application process and ensure that your application has been fully completed and accurately filled. The fee will vary depending on the lawyer’s experience and location.
- Regional Center Fees: Additional fees may be associated with going for this option if you choose to invest in a regional center.
Tips to Reduce EB5 Visa Costs
Although they could be high, you can minimize EB-5 visa expenditure by following these tips:
- Carefully Research EB-5 Opportunities. This is aimed at making sure that before one makes any investment, the company or business project is genuine and has a remarkable record of successful investments, which will reduce risks.
- Hire an Experienced Immigration Lawyer. Though it may appear expensive to hire an attorney. However, eventually, it pays off because it assists in the full completion of your forms as well as submitting accurate information, thus reducing the chances of errors, which can be costly.
- Choose the TEA Investment Option. By investing in TEA, there is a minimum investment of $900 000 compared to $1.8m, where you save a lot.
- Search for an Economically Viable Regional Center. In case you decide to invest in a regional center, search for one with low charges and a history of successful projects. This can help to secure cost-effective investment and increase the success rate of this investment.
- Think Ahead. Planning and budgeting become very important during the EB5 visa application process, which is usually quite lengthy. This will save you from last-minute expenses or unforeseen costs.
Tax Considerations for EB5 Visas
The EB-5 visa program is subject to some tax considerations for foreign investors. Here are some major tax issues:
- Income Tax: US federal and state income taxes will apply on all worldwide earnings by the investor who is now officially a United States (US) resident. This means that; as an immigrant, he must declare their entire business income and pay taxes on it.
- Capital Gains Tax: An investor may have to remit capital gains tax if they dispose of their investment in the new commercial enterprise. The amount of this tax will depend on how long you held the investment as well as how much value was realized from it.
- Estate Tax: Since an estate can incur US estate tax when a person dies even if they were once aliens but became citizens of the USA, then there is no assurance that every citizen’s estate can go untaxed, given the current law. The current estate tax exemption is $11.7 million per person for 2021, but this amount can change.
- State and Local Taxes: Depending on where they stay, other than federal taxes, investors may also be needed to pay state and local taxes.
Regarding the cost of the EB-5 visa program, there are many costs associated with this program including investment amount, USCIS filing fees, legal fees, and administrative costs. The minimum investment under the direct investment category is $1.8 million, whereas the regional center category requires an investment of at least $900,000 in a targeted employment area. Also, various USCIS filing fees depend on the type of petition filed, as well as legal fees and administrative costs associated with the application process.
Kinds of EB5 Investments
The United States EB-5 immigrant investor program offers foreign investors who make a substantial investment in a new commercial enterprise in the United States a way to become permanent residents. There are two investor categories under this program.
- Direct Investment: In this category, an investor makes a direct investment in a new commercial enterprise which can be either establishing a new business venture or restructuring or expanding an existing one to create new jobs. The amount invested should at least be $1,800,000 if you are going to invest in anything or specifically $900,000 if your investment will qualify for employment target area(TEA).
- Regional Center Investment: A regional center is any USCIS-designated entity that sponsors trade and investment projects, indirectly allowing the investor to put his funds into newly established businesses. As such, the regional center’s position allows investors to pool their investments involving multiple “new” commercial enterprises so that they can participate without actually having ownership rights. This category requires an investment of a minimum of $900,000 but only in projects located within targeted employment areas (TEA).
For both types of investments, it is expected that within two years of being granted conditional permanent resident (CPR) status, the funded project would have created not less than ten full-time jobs for employees in America. One thing to note is that the EB-5 program has specific requirements and regulations in place that must be met for an investor to qualify for permanent residency. Hence, potential investors should seek the assistance of an experienced immigration attorney before making any commitment.
Key Terms for EB5 Visa Costs
- Investment : Money required to qualify for EB-5 visa.
- Minimum Investment: The amount that the minimum investor has to meet to be considered for the EB5 visa.
- TEA: A targeted employment area that qualifies for a reduced minimum investment requirement.
- Regional Center: A business entity approved and designated by the USCIS to sponsor investment projects and accept investments from foreign nationals for EB5 visa applicants.
- Filing Fees: The amount to be paid to the USCIS for applying under the category of EB5.
Final Thoughts on EB5 Visa Costs
Pricing of an EB5 visa can be expensive, but often, you can minimize your costs with careful budgeting and planning. It's very important to engage the services of a competent immigration attorney who can help you in the preparation of a complete application, free of any errors and omissions, and to work up any investment proposal fully before embarking on the project. The EB5 visa program could be one of the preferable options for permanent residency in the United States of America.
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