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Can people from any country get an EB-5 visa?

Can applicants participate in the EB-5 visa program regardless of what country they come from? Or, rather, are there restrictions on the countries where investors originate? Are there caps based on the countries?

Answers

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    There are no restrictions on nationalities for the EB-5 immigrant investor visa. There are per country limits that the Department of State may impose when necessary. The Immigration and Nationality Act sets a per country limit of 7% of worldwide total numbers for any one country.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    There are no restrictions based on the country of origin. Prospective EB-5 investors from any country may apply for an EB-5 visa provided they otherwise meet the requirements as EB-5 investors. EB-5 investors from certain countries such as Iran must also first apply to receive an OFAC license from the Office of Foreign Assets Control allowing such investors to transfer investment capital to a target investment in the United States before application for an EB-5 visa is filed with USCIS. Should this apply to you, please do not hesitate to contact me with any questions you may have.

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    Anthony Ravani

    Immigration Attorney
    Answered on

    There is currently no restrictions.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    There are per country quota for all visa category, including EB-5. Thus, country like, China, where more people have been using EB-5, will experience earlier cut off this year. As to other restrictions, country like Iran, where there is an embargo, you need to have the Office of Foreign Assets Control (OFAC) exemption before you could invest in EB-5. For more details, please consult a qualified immigration attorney.

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    Clem Turner

    Securities Attorney
    Answered on

    There is a cap on the number of EB-5 visas issued every year and it is believed that this total number will be allocated among all foreign countries. As it is early in the year, if you were looking to make an EB5 investment, you should do so sooner rather than later (although I would urge you to make sure you conducted your due diligence and were very comfortable with the project in which you eventually invest).

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    Ed Beshara

    Immigration Attorney
    Answered on

    Yes, foreign nationals from any country can file Investor petitions in order to obtain EB5 permanent residency. There are per country limitations,hence if the demand from a particular country is greater than the limits then foreign nationals from these countries will face longer time delays before they can apply for conditional permanent residency. This is the very reason why Chinese Investors may find longer time delays in the later part of 2013.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    People from any country can generally participate in the EB-5 program; however, if you are from a country that has economic sanctions, then there will be specific guidelines for additional qualifications as some people may not be able to participate if funds are earned through government activity. I will be happy to further address specific countries and issues.

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    Mona Shah

    Immigration Attorney
    Answered on

    Yes. There is no restriction on country, race or ethnicity.

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    Dawn M Lurie

    Immigration Attorney
    Answered on

    The EB-5 visa category does not have any restrictions on what country investors may originate from. However there are a limited number of visas (10,000) available per fiscal year for investors and their families. Furthermore, all categories of employment-based immigrant visas are issued in the chronological order in which the petitions were filed until the annual numerical limit for the category is reached. The filing date of a petition becomes the applicant''s priority date. Immigrant visas cannot be issued until an applicant''s priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. The State Department publishes a Visa Bulletin with the latest priority dates on a monthly basis and estimate visa usage. Experts believe that the EB-5 visa category will become oversubscribed this fiscal year for Chinese nationals.

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    Elizabeth Krukova

    Immigration Attorney
    Answered on

    As of today there are no restrictions on what country the person, EB-5 applicant originates from. However, there is a proposed law that individuals from certain countries (like China) would be restricted to apply under this program as there were too many applicants already. At the moment there is only a general cap for all EB-5 investors.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your email. There are no country restrictions on EB-5 participation, but you must be able to get the money out of your country and into the project (and demonstrate its lawful source).

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    Shahzad Q Qadri

    RC Creator
    Answered on

    There is no restriction as the origin of the investors, as such any investor from any country can participate. However, please beware that the issue arises when we are tracing the source of funds.

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    Charles H Kuck

    Immigration Attorney
    Answered on

    People from any country can apply.

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    Steven Anapoell

    Securities Attorney
    Answered on

    Any country so long as can show lawful source of funds. There are caps.

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    Mark Urbanski

    Immigration Attorney
    Answered on

    Yes, EB-5 Investors are eligible for U.S. legal permanent residence, regardless of their citizenship or nationality. There are, however, caps on the total number of immigrants from each country which could make the wait longer for citizens of high-demand countries, China in particular.

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    Darren Silver

    Immigration Attorney
    Answered on

    The Program is open to all countries.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Those from any country may be granted their EB-5 visa.

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    Ron Klasko

    Immigration Attorney
    Answered on

    There are no country restrictions.

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    Neville M Leslie

    Immigration Attorney
    Answered on

    Individuals from most countries can obtain an EB-5 visa.

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    Karen Weinstock

    Immigration Attorney
    Answered on

    A national of any country can qualify, there is no limitation on the origination country. There are no limits so far as the EB-5 usage is less than the congressionally mandated cap.

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    Lei Jiang

    Immigration Attorney
    Answered on

    The EB5 program has no restrictions on country investors from. However, USCIS will look more closely on investors from certain countries.

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    Larry J Behar, Esq

    Immigration Attorney
    Answered on

    In general , the EB 5 program is open to any country national, although the State Department may implement some retrogression matters on some countries this year.

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Investors from any country are eligible to apply for an EB-5 visa. Investors who are resident of countries that are under US trade economic sanctions, such as Iran or Syria, must first apply to the US Treasury for an OFAC license. OFAC (office of foreign assets control) must first issue a license allowing the investors capital to enter the United States prior to the investor applying for their EB-5 visa. OFAC licensing is often misunderstood and has many nuances that allow for concurrent processing with the investors EB-5 visa. Rahbaran & Associates have particular experience with OFAC matters and will be able to advise investors on such cases. Individuals on the OFAC SDN (Specially Designated Nationals) list are not eligible to apply, unless first removed from the list.

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    David Hirson

    Immigration Attorney
    Answered on

    a. The EB-5 program does not discriminate on the grounds of the country of the investor. b. The US department of the Treasury under its Office of Foreign Asset Control (OFAC) requires certain foreign nationals to obtain a license before funds can be brought into the United States for investment. Iran is an example. c. Since the inception of the program, the quota of 10,000 visas has not been reached in any one year. The highest so far has been below 5,000. The EB-5 category is current. There is no specific limitation on allocations of visas to any particular country.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    Yes, people from any country can receive an EB-5 visa.

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