The EB-5 visa, better known as the U.S. Investor Visa, is a very unique visa in acquiring permanent residency in the U.S. Established by Congress in 1990, the visa program is targeted at invigorating the U.S. economy through job creation and capital investment by foreign investors. Find out through this informative guide. Investor Visa EB5: This touches on the basic requirements, qualifications, application process, benefits, and tips ensuring a successful application .
Overview of the EB-5 Visa Program
The EB-5 visa program involves foreign investors and immediate family members incorporating a spouse and unmarried children under 21 years of age making a qualifying investment in a U.S. business that results in the issuance of U.S. green cards. This investment shall provide for creation or preservation of at least ten permanent full-time job opportunities for U.S. workers, stimulating economic growth, especially in areas where economic performance is lagging.
Eligibility Requirements
To be eligible for an EB-5 visa, an investor must meet the following requirements:
- Investment Amount: The general minimum required amount for investment is $1.8 million. However, if the investment is made in a Targeted Employment Area, a rural area, or an area of high unemployment, then the minimum investment is $900,000.
- Job Creation: The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the date on which the foreign investor is admitted to the United States.
- Lawful Source of Funds: The investor needs to prove that the capital used in the investment is obtained lawfully; this should also include a proof associated with how the funds were derived as well as the path of the funds from the investor to the investment project.
- Management in the Business: The new business enterprise must be controlled through managerial authority or active policymaking by the investor.
The EB-5 Application Process
The steps involved in the application of the EB-5 visa involve:
- Appropriate Investment: Investors have to find and commit to an appropriate qualifying investment project. Many of them choose to do that through Regional Centers, which are designated entities that pool the capital from the investors in a project to solicit different EB-5 investors.
- File a petition on Form I-526 File a Form I-526, Immigrant Petition by Alien Investor with USCIS. The form must include evidence that you have invested, or are actively in the process of investing lawfully obtained capital in a new commercial enterprise, that will create full-time positions for not fewer than 10 qualifying employees.
- Conditional Green Card: If the I-526 petition is approved, the investor and accompanying eligible family members would be eligible for conditional permanent residency (also called a conditional green card). The investor is eligible to apply by the method of adjustment of status if they are already in the U.S. or by consular processing if they are outside the U.S.
- Removing Conditions: Within 90 days of the second anniversary of receiving conditional residency, the investor must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. This petition must show that the investment was sustained and that the required jobs were created.
- Permanent Green Card: I-829 petition approved, investor and family members unconditionally become permanent residents of the United States.
Benefits of the EB-5 Visa
The EB-5 visa has a number of benefits for investors and their families. They are easy access to attain permanent residency and others like:
- Permanent Residency The EB-5 visa provides direct access to a green card for the investor, spouse, and unmarried children below 21 years of age.
- Path to Citizenship After five years of having a green card, EB-5 investors and their family members are eligible to apply for United States citizenship.
- Work and Live Anywhere in the U.S. EB-5 visa holders are not bound by restrictions that require them to live in the area where they made their investment. They can live, work, and study anywhere in the United States.
- Educational Opportunities Children can get access to U.S. schools and universities, many times at in-state tuition.
- Business Opportunities Since EB-5 requires management at the investment, it will provide the investors an opportunity to expand business in the U.S. market.
Tips for a Successful EB-5 Visa Application
- Choose the Right Project: Always select a reputed and executable EB-5 investment project. An investor can work with a Regional Center to ease the level of risk and ensure compliance with the job creation requirement.
- Perform Due Diligence: Never invest your money in the Regional Center or project without doing rigorous research. Look for a good project with a track record.
- Seek Professional Guidance: Engage qualified immigration attorneys and financial advisors who specialize in EB-5 visas to successfully guide you through the application process.
- Establish Full Documentation: Ensure all documents needed in the said process are current and complete, most especially proof on the lawful source and path of funds.
- Keep Current on Changes to Policy: The EB-5 program is subject to policy and regulatory changes. Always keep up-to-date with whatever changes would affect your application or your investment.
The EB-5 program provides foreign investors with a valuable power tool through the investment, foreign investors could obtain U.S. permanent residency in exchange for their economic input into U.S. businesses. Understanding the requirements and meticulously following the application process, under professional guidance, is the way to absolutely get through the EB-5 visa process and enjoy life and work in the United States. Whether looking to develop new business opportunities, give your children the highest possible quality education, or create a pathway to U.S. citizenship, an EB-5 visa really can open doors to a better life in America.
Navigating all the complexities of the EB-5 visa process can be very difficult. That is where Oasis Resource Management steps in. Being one of the premier immigration consultancies, Oasis Resource Management specializes in rendering end-to-end services to investors seeking the EB-5 visa.
