Immigration Law


What is an EB5 Visa?
The EB5 visa is a U.S. green card investment program established in 1990 under employment-based immigration. This program allows an investor to be granted a green card to immigrate to the United States (with an unmarried spouse and children under the age of 21) assuming an investment in the U.S. carries an amount of $500,000 to $1,000,000 (depending on where the investor is invested) and creates 10 jobs in the United States.

EB5 requirements:

  1. The investment amount is 500,000 to 1,000,000 USD.

Applicants must be able to prove that they have been in the investment process. The investment amount of $500,000 or $1,000,000 will depend on where the investment is made:

  • $1,000,000 if invested in normal areas.
  • $500,000 if you invest in targeted employment areas.
  • $500,000 as an investment in a project that has been approved by the Immigration Department (Regional Center)

Immigration law requires applicants to prove that the source of money used to invest is a legitimate source of money.

  1. Create 10 new full-time jobs

Applicants are required to prove that the investment will create 10 new full-time jobs for Americans.

Note: These 10 jobs must be 10 new jobs created. For example, if the applicant buys back 1 existing restaurant; carrying $1,000,000 the investment disqualified because the created should not be new jobs but existing jobs.

When investing in projects that have been approved by the Regional Center, applicants will not need to worry about proving that they can create 10 jobs because these projects have been forced to prove in advance that they have been able to create jobs and have been approved by the Immigration Department to be ready to invest.


There are 5 basic steps that 1 investor must complete to apply for an EB5 investor visa and develop into permanent U.S. residency, then can apply for U.S. citizenship. What’s more, the investor’s spouse and single children under the age of 21 will also be granted green cards to become permanent U.S. residents. The steps to apply for an EB5 investor visa include:

Step 1: Identify the EB5 Investment Project

The 1st EB5 applicant needs to purchase a suitable U.S. immigrant investor project. EB5 investment projects can be investment projects or Regional Center projects that have been approved by USCIS. Our immigration lawyers will assist you in selecting the lowest EB5 investment project.

Step 2: Prepare your investment and file your I-526 petition.

After selecting a project to invest in the US, the applicant is required to prepare the appropriate investment capital to own the investment capital of each project. This amount will usually be transferred to approve 1 escrow account. You are then required to select 1 attorney or service office to assist in preparing your documents and completing the I-526 EB5 investor visa application to file with USCIS. Within 3.5 to 6.5 years (as of the present time), the Immigration Department will inform the applicant whether the EB5 investment visa application is satisfied or denied. Most Regional Centers projects will refund the investment amount back to the applicant if your EB5 investor visa application is denied.

Application fee to USCIS: $3,675

Step 3: Check in at NVC (national visa center and interview at the US Consulate)

Once approved by the Department of Migration, the documents will move to the state visa (NVC) focus. NVC will complete the application and schedule an interview at the U.S. consulate in Vietnam. You are asked to have a physical exam, take precautions, and follow this result to the interview.

NVC filing fee: $120 per application and $345 per person.

Health examination fees in Vietnam:

  • Adult: $275
  • Children from 2 to 15 years old: $240
  • Children under 2 years old: $165

Step 4: Conditional Green Card (2-year green card)

If the EB5 investor visa application is approved, the applicant will be granted a visa to the US and after coming to the US will be issued a conditional green card (2-year green card), i.e., after 2 years this green card will expire and be forced to apply for a permanent green card (10-year green card). The EB5 investor visa is an immigrant visa that the applicant’s relatives (spouse and single children under the age of 21) are accompanied by and will also have the same 2-year green card as the applicant.

Green card fee paid to CIT: $220 per person.

The EB5 immigrant visa, like most other immigrant visas, is usually valid for 6-12 months. Applicants and their families should be close to making travel to the U.S. before their visas expire. After coming to the US and being granted a green card, applicants are required to maintain permanent resident status in the US, although they can still leave the US and return with a green card but are not required to live in the US for more than 6 months to 1 year. If you leave the US for more than 1 year without applying for a Re-entry Permit, you cannot enter the US because when you are absent from the US for more than 1 year, the green card will be canceled. 

Step 5: Apply for a permanent green card (10-year green card) and I-829 petition.

The EB5 Immigrant Investor Program requires applicants to maintain their investment for 2 years and demonstrate a benefit from this investment to the United States within those 2 years. Therefore, EB5 immigrant investor visa applicants need to apply for a permanent green card after the 2-year green card expires. The Form I-829, a 10-year green card application, requires applicants to demonstrate that they have met the requirements of the EB5 immigrant investor program before the applicant is satisfied with a permanent green card.


The EB5 Immigrant Visa was introduced to the market by Congress in 1990 to influence the US economy through job creation and investment capital from foreign investors. To qualify, an EB5 investor needs to invest at least $500,000 in a new supermarket that creates at least 10 full-time jobs for U.S. workers.

EB5 investment is divided into two types: direct investment and investment by Regional Center.

Form I-156 – EB5 immigrant visa application, must be submitted along with the new supermarket and investment capital documents. The requirements for the direct investment capital and the investment under the Regional Center project are the same.
EB5 regulations require investors to prove that the source of the investment is a legitimate source. In other words, the required investment capital is a source of clean money that is not involved in illegal activities. The regulation has listed 4 main lines of documents to prove the legal source of money:
  1. Business license
  2. Tax returns or interactive papers from the last 5 years
  3. Proof of funding
  4. Notarized copies of promotion documents within the last 5 years
In practice, the Immigration Service will require primary evidence to prove the source of funds. In addition to the invested capital, investors may need to pay additional management costs. Many projects will charge management fees that include operating and marketing costs. Management fees for projects usually hover around $50,000. The Immigration Department also requires proof of the source of this management fee.
In addition to proving the investment capital is a legal source, the investor is required to prove that the investor has received the above amount and transferred the investment amount to a supermarket in the United States legally.
There are so many secrets to proving your investment capital. To be able to decide on the best strategy to demonstrate funding, investors and attorneys are forced to answer the following questions for themselves:
Where is the money now? Where does the money come from?
How is the capital transferred to the project or assigned to the third party to keep the money source?

Investment money owns from the following sources of money:

  1. Income from business investment
  2. Selling business assets
  3. Inheritances
  4. Gift
  5. Stock
  6. Pensions
  7. Real estate transactions
  8. Home mortgage loan
  9. Borrowing from business owners
  10. Borrowing from financial institutions
  11. Borrow from friends or family.
Note: The loan is required to be collateralized. The source of funds from the lender is also required to be shown to be a legitimate source.
Each line will need to produce the appropriate certificate of origin. For example:
  • Borrowing money must be with the loan agreement, financial statements, mortgage (with valuation sheet) and confirmation from the bank.
  • Source of gift money from family and friends, need to have a letter of gift and confirmation from the bank that the amount has been deposited into the investor’s account.
  • The source of money from income or trade should be with the labor contract, information about the company, confirmation of the bank about the income level, tax documents. Because the source of the money should be clear from the original source, documentation is needed to prove the source of the money can be divided into many parts. For example, if an investor uses his accumulated income to find real estate, and then uses that wealth as a collateral for a bank loan, the paperwork should be composed of three parts:
  1. Proof of accumulated income: Labor contract, bank certificate proving personal income transfer and tax papers.
  2. Proof of purchase of real estate: Sales contract, certificate with property, bank confirmation of payment and certificate of property tax payment.
  3. Proof of using assets as collateral for a bank loan: A loan or mortgage agreement from a bank, specifying the use of the property as collateral, property valuation report and bank confirmation indicating the borrowing.
    The method by which the funds are transferred to the project or third-party equipment must be clear and legitimized.
    The Immigration Department requires investors to submit tax documents within the last 5 years. If you do not file a full tax return within 5 years or your tax return does not indicate the amount of your investment of $500,000, you should explain and submit proof of where the investment came from.

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