Frequently Asked Questions

What is the minimum investment amount for an EB-5 Investor?

The minimum investment amount is $500,000 for an EB-5 investor investing in a TEA or rural area. The minimum investment for EB-5 projects not in a TEA or rural area is $1,000,000. Investors should review the specific offering for each investment carefully to determine the costs associated with an EB-5 investment. Pine State Regional Center structures its investments to take advantage of the lower investment level of $500,000.

Does an investor need business experience to participate in EB-5?

The EB-5 program does not impose requirements with respect to prior business experience or education levels for EB-5 investors. The only requirement is that the investor meets certain suitability standards with respect to income, net worth, source of funds, and otherwise be eligible for permanent residency in the United States. Please note that each investment carries risk which should be fully understood before making a decision to participate in an EB-5 investment.

Each investor also must prove unconditionally that the source of funds for the EB-5 investment are legal and provide documentation of the sources. Under USCIS regulations, investors must demonstrate that investment assets were gained in a lawful manner such as income from a bonafide business, income, sale of a property, investment income, inheritance, gift, loan or other lawful means.

What risks are associated with an EB-5 investment?

There are specific risk factors for each investment opportunity that are specifically addressed and described in detail in the offering. Risk factors vary for each investment, but may include changes of economic conditions affecting the investment performance, failure to meet job requirements, and denied immigration status under the USCIS EB-5 Immigrant Investor Program.

Must an investor speak English to participate in the EB-5 Program?

No, but it is strongly recommended that a non-English speaking investor should engage a translator to ensure that the investor fully understands the investment terms and the offering materials are reviewed carefully before the investor makes a decision. Pine State Regional Center will assist you in locating a translator if one is desired.

How many EB-5 visas are allocated for EB-5 Visas?

The EB-5 Program allocates up to 10,000 visas per year for foreign investors and their immediate family members whose qualifying investments result in the creation or preservation of ten full-time jobs for U.S. workers. Of that total, 3,000 visas are specifically allocated to immigrants who invest through USCIS-designated Regional Centers such as Pine State Regional Center. Additional country limitations may apply.

Are investors required to have an immigration attorney submit an I-526 petition?

No, but it is strongly recommended that an investor engage an immigration attorney for the  petition. The documentation requirements are comprehensive and an attorney will be able to assist you with the petition, documentation, consulate interview and visa processing which vary based on each investor’s situation.

Are EB-5 investors required to complete a Consulate application or Adjustment of Status and interview?

Yes, a Consulate application or Adjustment of Status application is required and ensures the investor and family members undergo medical, criminal background, and immigration history checks before the conditional permanent resident Visas are issued. At the interview, an Officer may address these issues and information printed on the I-526 petition, including the nature of the immigrant investment.

Consulate interviews are usually conducted at the Consulate in the investor’s home location. If the investor and family are in the United States, they may apply to adjust their status at the appropriate office of the USCIS. A student attending school in the U.S. is not typically required to return to the country of origin and their status may be adjusted in the United States at a USCIS district office.

Once an investor receives a conditional green card, when is the application for the permanent green card submitted?

The conditional green card has an expiration date of two years from the date issued. Investors must submit their I-829 petitions within three months prior to expiration. Pine State Regional Center will supply all supporting evidence regarding the Limited Partnership, capital investment and newly created jobs to submit with the I-829 petition. Once the I-829 petition is filed with the USCIS, conditional permanent residency is extended for one year.

If the I-526 petition is denied, does an investor receive a refund of the investment?

Yes.  If an investor’s I-526 petition is denied, the full investment amount will be refunded from the escrow account back to the account from which the funds originated. Once an investor’s I-526 has been approved, the investor must remain in the investment for the remainder of the term to receive repayment of the investment. Certain administrative and processing fees are not refundable. The exact terms of the administrative fees are outlined in the offering documentation and partnership agreement and should be reviewed carefully before an investment is made.

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The EB-5 program can provide capital to a business, jobs to our communities, and citizenship to foreign investors. We believe Pine State Capital will be a valuable asset to Arkansas and our local communities.