US EB5 Visa Program
The process to get Permanent Residence through the EB5
Program
Investors must follow four steps to get the EB5 visa and
become US citizens. After these procedures, EB5 investors and their families
get US permanent residency. This includes their spouses and their unmarried children
under the age of 21. They can apply to become US citizens. They can do these
five years after getting their permanent residency.
Applying for an EB5 Visa involves the following steps
-Choose an investment advisor and an immigration attorney.
-Find an EB5 project that meets program requirements.
-Invest capital and submit the I-526 application to USCIS.
-Apply for Change of Status (I-485 application) and fill out
the DS-260 form.
-Get a 2-year conditional Green Card.
-Achieve permanent residency and file the I-829 petition.
Here are the detailed steps to follow
What is the EB-5 Visa?
The EB5 Visa is an immigration program. The United States
Congress created it in 1990 to boost the U.S. economy. It does this through job
creation and capital investment by foreign investors.
Eb5 Investment Visa Requirement:
- To get the EB5 Visa, an investor must make a big investment
in a new US business.
- The minimum investment amount is $1.8 million.
- However, if the investment is within a Targeted Employment
Area (TEA). A TEA is either rural or has high unemployment. The minimum
investment is $900,000.
Job Creation Requirement:
- The investment must create or save at least 10 full-time
jobs for qualifying U.S. workers. This must happen within two years.
- The
investor must do it after entering the United States. They must enter as a
Conditional Permanent Resident.
Types of Investments:
- Investors can choose to invest in a new commercial
enterprise they create. Or, they can invest in a pre-approved Regional Center
project.
- Regional Centers are entities appointed by the US
Citizenship and Immigration Services (USCIS).
- They focus on specific areas and industries. Investing
through a Regional Center lets investors meet the job creation requirement
indirectly.
Conditional Permanent Residence:
Investors and their family can live in the US for two years
with a special residency. They get it after investing and getting approval for
the EB5 visa.
I-829 Petition:
- The investor must file Form I-829 within 90 days before
their residence expires.
- This petition shows that the investor met the requirements
of the EB5 program. They created jobs. It asks to remove the conditions on
their permanent resident status.
Permanent Residence:
- If the USCIS approves the I-829 petition, the investor and
their family get US green cards.
- They have the freedom to reside, labor, or pursue education
anywhere within the nation.
Benefits of the EB-5 Visa:
- Investors and their families benefit from living in the
United States. They get access to quality education, healthcare, and a higher
standard of living.
- EB5 investors have no specific requirements. These are for
language skills, education, and work experience.
Risks:
- The EB5 program offers a chance for US residency. But, it
also has financial risks.
- Investments might not consistently yield the anticipated
returns.
- The project's success
is not guaranteed.
- The immigration process can be complex. Investors must also
ensure they follow all program requirements. This is necessary to keep their
eligibility for permanent residency.
Consultation and Due Diligence:
Prospective EB5 investors should seek advice from qualified
professionals. These include immigration attorneys and financial advisors. They
should do so to fully understand the program's rules. They should also learn
its risks and rewards before investing.
