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EB5 Green Card

An EB-5 Visa provides the same Green Card as other qualifying processes and allows a foreign investor and his or her immediate family to live, study, work, and retire anywhere in the United States.

The EB-5 program helps foreign nationals obtain a coveted piece of American life, while stimulating the U.S. economy through job creation.

In this article, we will take a closer look at the benefits of the EB-5 Visa and outline how you can obtain one in the shortest possible time. You may also be able to become a U.S. citizen through the EB-5 program.

A Quick Overview of the EB-5 Visa
The Benefits of EB-5 Investment for Foreign Investors
EB-5 Visa – The Fastest Means to Gain Permanent Residency
The EB-5 Visa Timeline
The Steps to Obtaining an EB-5 Visa
Getting the Guidance and Assistance You Need to Apply for an EB-5 Visa

A Quick Overview of the EB-5 Visa

The EB-5 Visa is an immigrant visa available in the United States which enables foreign investors to obtain permanent residency in the United States.

In order to obtain an EB-5 Visa, the foreign investor must make a qualifying investment in a new commercial enterprise that creates jobs in the country.

To qualify for an EB-5 Visa (a Green Card), an investor needs to make a minimum investment of $1,050,000 in a new commercial enterprise. If the investment is made in a targeted employment area (TEA) however, this minimum investment amount is reduced to $800,000.

Because the EB-5 Visa program aims to create jobs for U.S. workers and fuel economic growth in the country, a part of the investment must create or preserve at least 10-full time jobs for U.S. workers. This needs to be achieved within two years of receiving a conditional Green Card.

The majority of EB-5 investments are made through designated Regional Centers. These are private entities that facilitate the investment process and help investors meet the job creation requirement.

Initially, the foreign investor will be granted a conditional Green Card, which is valid for two years upon approval of the EB-5 petition.

After the two-year period, the investor will need to file a petition to remove the conditions on their Green Card and prove that the investment and job creation requirements have been met.

Once these conditions have been removed, the investor and his or her family will receive permanent resident status and qualify for permanent Green Cards in the U.S.

Five years after first receiving conditional permanent resident status, they can become naturalized citizens.

The Benefits of EB-5 Investment for Foreign Investors

For foreign nationals with the necessary capital, the EB-5 program offers a viable way to obtain permanent resident status in the United States.

Unlike other immigrant visa options, the EB-5 Visa requires no U.S. employer to act as a sponsor, nor does it require any specialized knowledge, skills, or experience.

Further, the EB-5 program is not limited to foreign nationals from specific treaty nations.

There are some key benefits to investing in the EB-5 program. These include:

Permanent residency: A Green Card

One of the key benefits of the EB-5 program is the opportunity to obtain permanent residency in the United States for the investor, their spouse, and their unmarried children under the age of 21.

This provides the freedom to live, work, and study in the United States without the need for additional visas or work permits.

Education opportunities

The United States is well known for its high-quality education system, including prestigious universities and colleges.

By obtaining permanent residency through the EB-5 program, foreign investors and their eligible dependents can access education benefits that include in-state tuition rates at public institutions, scholarships, and financial aid.

No sponsorship required

As opposed to other employment-based visas, the EB-5 program does not require any sponsorship from an employer or a family member.

In addition, no H-1B work visa is needed for employment.

Investors are granted the freedom to invest in viable projects and do not need to rely on a job offer or sponsorship to obtain their permanent residency status.

Travel flexibility

EB-5 investors and their families can enjoy unrestricted travel in and out of the United States.

They are not subject to the limitations and requirements associated with temporary visas. This allows for more convenience and freedom when traveling out of the country.

A direct path to U.S. citizenship

After maintaining a Green Card for five years, EB-5 investors may be eligible to apply for U.S. citizenship.

This provides the opportunity to become a U.S. citizen and enjoy all the associated rights and benefits, including voting privileges and the ability to sponsor family members for immigration.

Retirement and social benefits

EB-5 investors who become permanent residents in the United States have the opportunity to access retirement and other benefits—such as Social Security and Medicare—when they meet the eligibility criteria.

These benefits provide additional security and support during retirement years.

EB-5 Visa – The Fastest Means to Gain Permanent Residency

Gaining a Green Card through any other visa pathway, such as Family Based Green Cards, Employment Based Green Cards, the Diversity Visa Lottery and Refugee or Asylee Adjustments, can take several years to complete.

In addition, not all these means of obtaining a Green Card are guaranteed.

An EB-5 Visa, on the other hand, is known as the fastest way to obtain a U.S. Green Card. Through this process, the foreign investor can potentially be able to live and work in the United States within a matter of months, instead of years.

There are, however, a few factors to consider when applying for a U.S. Green Card.

These include:

Varying processing times

The processing times across the stages of the EB-5 application can vary.

The initial processing of the I-526 petition (Immigrant Petition by Alien Entrepreneur) can take several months to years, depending on the workload of the USCIS.

The time to process the I-829 petition (Petition by Entrepreneur to Remove Conditions) to remove the conditions on the Green Card can also vary.

Limited visa availability

The availability of EB-5 visas can impact the speed of obtaining permanent residency.

The U.S. has imposed an annual cap of 10,000 EB-5 visas per country, with 3,000 of those visas reserved for investments made in TEAs.

If there is a high demand for EB-5 visas for investors from a particular country, there may be a backlog or waiting period for visa issuance.

Foreign investor preparation

The speed of the EB-5 application process can also be influenced by how diligent the investor is in gathering, preparing, and submitting the required documents; fulfilling the investment requirements; and meeting all the program criteria.

Promptly providing accurate and complete information can help expedite the process.

Regional center vs. direct investment

Choosing to invest through a designated regional center rather than pursuing a direct investment can impact the speed of the application process.

Regional Center projects often have established structures and processes in place. These can streamline certain aspects of the application.

Direct investments, on the other hand, may require more due diligence, project setup, and verification, which can take additional time.

The EB-5 Visa Timeline
The timeline for obtaining an EB-5 visa can vary depending on various factors, including the investor’s preparedness, the complexity of the investment project, the USCIS processing times, and visa availability.

Here are the main steps in the EB-5 visa process:

  • Selecting the best EB-5 Direct Investment or EB-5 Regional Center Project
  • Preparing the EB-5 Visa Application, Form I-526E
  • Adjustment of Status Form I-485 filing (for investors who already hold a nonimmigrant U.S. visa)
  • Upon Form I-526E approval, receive conditional U.S. Green Cards
  • File for a permanent U.S. Green Card through Form I-829

Five years after receiving your conditional Green Card you can apply for U.S. citizenship.

The Steps to Obtaining an EB-5 Visa

Obtaining an EB-5 visa includes several steps that need to be followed to ensure success. Here is a simple guide to help you understand when and how to apply for your EB-5 Visa:

1.  Research and select a qualifying investment project

Foreign investors need to ensure that they conduct thorough research to identify a qualifying EB-5 investment project.

This process can include reviewing project details, financial projections, and market feasibility studies, as well as gathering other relevant information.

2.  Verify accredited investor status and invest.

To qualify for the EB-5 program, investors need to be able to demonstrate that they are accredited investors.

This typically involves proving a minimum net worth and income level or providing evidence of previous business experience. It can also involve proving the source of the funds earmarked for investment in an EB-5 Project.

Then, EB-5 applicants must invest in the project of their choice.

3.  File the I-526 petition

Investors must file the I-526 petition with the USCIS.

This petition provides detailed information about the investment project and the investor’s financial source, and demonstrates that the investment meets the program’s requirements.

It typically includes submitting supporting documentation such as business plans, financial statements, and evidence of funds.

4.  Conditional approval and visa processing

If the I-526 petition is approved, the investor and their family members can proceed with either consular processing or adjustment of status, depending on their location.

Consular processing involves attending an interview at a U.S. embassy or consulate abroad, while adjustment of status is conducted in the United States by filing the necessary forms with the USCIS. Investors can then receive their conditional Green Cards, which are valid for two years.

5.  Removal of conditions (I-829 Petition)

During the 90-day period before the conditional Green Card expires, investors must file the I-829 petition with the USCIS to remove the conditions on their Green Card.

This petition demonstrates that the investment and job creation requirements have been met.

It includes submitting supporting documentation such as financial records, payroll records, and other evidence of job creation.

6.  Permanent Green Card

If the I-829 petition is approved, investors and their family members will receive a permanent Green Card, or permanent residence, which will be valid for 10 years.

Getting the Guidance and Assistance You Need to Apply for an EB-5 Visa

Each step in the EB-5 visa application process involves highly specific requirements and documentation that must be carefully completed.

When you work with an experienced immigration attorney, who has in-depth experience and knowledge regarding everything related to the EB-5 program and immigration law, the potential for a successful outcome is far more likely.

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Immigrant Investor Visa Program (EB-5)

Overview

The EB-5 visa, employment-based fifth preference category or EB-5 Immigrant Investor Visa Program, created in 1990 by the Immigration Act of 1990, provides a method for eligible Immigrant Investors to become lawful permanent residents by investing at least $1,050,000 to finance a business in the United States that will employ at least 10 American workers.”

Most immigrant investors who use the EB-5 program invest in a targeted employment area (TEA) — a rural area or area with high unemployment — which lowers the investment threshold to $800,000. The EB-5 program is intended to encourage both “foreign investments and economic growth”.

Applicants have the choice of investing individually or they can choose to work through a “larger investor pool via regional centers (RC)” which is federally approved third-party intermediaries that connect foreign investors with developers in need of funding. If an EB-5 investment is made in a regional center, the jobs may be created indirectly through economic activity, as opposed to a direct investment, where the investment vehicle must directly employ the 10 U.S. workers

Basic Requirements for an EB-5 Visa

Qualifying Criteria

Stages of US citizenship By Investment

Stage 1
The Immigrant Petition by Alien Entrepreneur, referred to as I-526 petition, is prepared and submitted to USCIS (U.S. Citizenship and Immigration Services). The Regional Center is responsible for providing all relevant information pertaining to the Investment Project to the investor’s attorney, and it is crucial for obtaining approval of the initial I-526 petition that the investment funds were legally earned. It generally takes approximately 3-4 months for the I-526 petition to be adjudicated. The processing time can vary from one Regional Center to another, if USCIS has doubts and/or additional questions about a given Regional Center or project.
Stage 2
Applying for Permanent Residence (2-Year Conditional Green Card): When the I-526 petition is approved, investors have the option of adjusting their status to permanent residence in the U.S., if they are already living in the U.S. in non-immigrant visa status. If they live outside of the U.S., they must complete the immigrant visa process through the U.S. consulate. Adjustment of status in the U.S. generally takes 6-12 months or more, while immigrant visa processing through the consulate takes about 4-6 months. Once either of these two processes is completed, the investor will have obtained a two-year conditional permanent residence.
Stage 3
Removal of Conditions (Applying for the permanent green card): During the final 90 days of the two-year conditional residence period, the investor must file the Petition by Entrepreneur to Remove Conditions, referred to as I-829 petition, to remove the condition from his/her permanent residence. As part of that process, we must show that the investor has maintained the investment, and we must present proof to USCIS from the Regional Center that it has brought about the creation of at least 10 jobs per immigrant investor, as presented in the I-526 petition. The number of jobs created is calculated with the help of an economist’s model, and consists of a combination of direct, indirect, and induced jobs. This process currently takes 6-12 months.

Process Flow

Express Interest in a Business Project

The immigrant investor has to express interest in investing in an EB-5 business project in the United States. This can be done through an approved regional center or via an starting a new business as an individual. (Will be completed after 2-4 weeks of the start of the Program)

Filing Form I-526

The investor has to file an I-526 form with the USCIS. This form is a petition requesting the USCIS to approve the applicant’s application; the immediate family can apply for conditional permanent residency. (Will be completed after 9-14 weeks of the start of the Program)

2-year Conditional Permanent Residency

Upon approval of the I-526 form, they must prepare documents for the EB-5 Visa. They would need to submit for a DS-230 at the National Visa Center and proceed with the formalities at the U.S. Embassy or consulate to physically relocate to the United States. (Will be completed after 74-108 weeks of the start of the Program)

Prove Financial Capability

The investor has to show they have sufficient capital investment to invest in the project and this investment should be from verifiable and legal sources. (Will be completed after 3-6 weeks of the start of the Program)

Investment Refund

In case the petition is denied, the escrow agent returns the money to the immigrant investor. (Will be refunded within 12- 24 weeks from the date of Decision)

Filing I-829 petition for permanent residency

After 2 years after their arrival, the investor can use the I-829 form for removal of conditional status from the visa. To do this, the investor should show the investment has created 10 direct full-time jobs for U.S. citizens. If the investor invests through a regional center, the 10 full-time jobs can be direct, indirect or induced. After the conditional status of the EB-5 visa is removed, the investor acquires permanent residency in the United States by filing the I-829 petition. (Needs be completed before completing 92 weeks since acquiring the conditional residency)

Transfer Money into an Escrow Account

Once the investor decides the project they want to invest in, they have to send $500,000 or $1 million to an escrow account from where it will be allocated to the project. If the investor goes through a regional center, the funding contribution is $500,000; whereas as an individual, it is $1 million. (Will be completed after 5-10 weeks of the start of the Program)

Release of Fund

Once the Form I-526 is approved, the escrow agent releases the amount in the escrow account to the business or project (Will be completed after 62- 92 weeks of the start of the program)

US Citizenship

After five years, the investor can file an application for acquiring U.S. citizenship through naturalization.

Benefits of EB-5 Investor Visa Program

Lawful status in the United States of America

Obviously, this is the main goal of the majority of foreign investors who apply for an EB-5 visa. The visa allows the investor, their spouse and all unmarried children under the age of 21, a legal path to live, work, and study in the U.S.

Quicker path to permanent residence and citizenship

In many cases, the EB-5 visa can facilitate the path to permanent residence faster than other types of visas and green cards. Additionally, immigrants with an EB-5 visa may be eligible for citizenship in as little as 5 years after achieving permanent resident status.

No sponsorship and language requirement

An EB-5 visa investor essentially acts as his own sponsor. There are no requirements outside the investment in an American business. Neither do they need to be sponsored by any American and group nor does they need to qualify for any level of language proficiency

Monetary return on investment

Though the investment’s primary purpose is to serve the purpose of providing the investor with an entry and residency to the U.S., the right investment can also lead to profits and further income for the applicant.

Freedom to live and work anywhere in the U.S

Investors have the option to live and work wherever they want. Other types of visas, on the other hand, have much more strict requirements, which visa holders must follow or lose status.

Education and employment opportunities for children

The EB-5 investment visa allows the children of the foreign investors to enroll in school, with access to the same education and higher education as much as a normal U.S. citizen. This includes access to public and private high schools, college, and graduate schools (including medical school or law school). After their education is completed, children have access to the same professional opportunities as any other child in the U.S.

No backlogs and enough annual intakes

There are many delays and backlogs for employment and family based green card categories. Contrary to this, there is no backlog for the EB5 Visa Investor category while as many as 10,000 of such visas being issued annual to investors around the world.

No requirement to continually renew/ re-qualify visa status for EB5 Visa permanent residents

After the I-829 ‘removal of conditions’ approval, the EB5 investor and qualifying family members then receive permanent US residency without the need to continuously meet a qualification criterion like other category visas.

No Practical day-to-day Business Management

Most regional centers are limited partnerships, if the petitioner is a limited partner under the Uniform Limited Partnership Act, the investor will be considered sufficiently engaged in the management of the enterprise to satisfy USCIS that requirement which states that investors should be engaged in the management of the enterprise as opposed to maintaining a purely passive role.

General Benefits

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