The EB-5 Visa program offers two primary investment options for foreign nationals seeking to obtain a Green Card and eventually pursue American citizenship.
These options are designed to attract foreign investors and stimulate economic growth within the United States.
Investing in a Targeted Employment Area (TEA)
One investment option is to invest at least $800,000 in a Targeted Employment Area (TEA).
A TEA is defined as either a rural area or an area with high unemployment.
By investing in a TEA, the applicant can benefit from a lower investment threshold compared to the direct investment option.
Making a Direct Investment outside a TEA
The second investment option is to make a direct investment of at least $1.05 million outside a TEA.
This investment can be in an existing enterprise or in creating a new commercial enterprise that meets the requirements set by the United States Citizenship and Immigration Services (USCIS).
Regional Centers
The USCIS has established Regional Centers across the United States to promote economic growth and facilitate the EB-5 Visa program.
Many EB-5 applicants opt to invest through these Regional Centers, which are designated entities approved by the USCIS to manage EB-5 projects.
Regional Centers have certain advantages, as they focus more on the immigration aspect of the investment rather than solely on capital return.
Additionally, investments made through Regional Centers may also allow for indirect job creation, which can further fulfil the job creation requirement for the EB-5 Visa.
Requirements for EB-5 Visa Investment
To be eligible for the EB-5 Visa, you must meet specific requirements set by the USCIS.
These requirements ensure that the investment contributes to the growth of the U.S. economy and leads to the creation of jobs for American workers.
Some of the key requirements include:
Meeting the Minimum Capital Amount
Applicants must invest either $800,000 in a TEA or $1.05 million outside a TEA. The investment must be made in a for-profit new commercial enterprise established after 1990.
Creating Jobs
The investment must result in the creation of at least 10 full-time jobs for qualifying U.S. workers within two years of the immigrant investor’s admission to the United States.
Lawful Source of Investment Funds
Applicants must demonstrate that the investment capital was obtained legally and is not the result of any criminal activities.
At-Risk Investment
The investment must be at risk to generate a return on the capital placed at risk.
Application Process
The application process for the EB-5 Visa involves several steps, which require careful attention to detail and adherence to USCIS guidelines.
Submitting Form I-526 and Required Documentation
The first step is to submit Form I-526, Immigrant Petition by Alien Investor, to the USCIS.
This form serves as the initial petition to demonstrate the applicant’s eligibility for the EB-5 Visa program.
Along with the form, the applicant must provide substantial supporting documentation, including investment proofs, business plans, and evidence of job creation.
Review and Forwarding by USCIS and NVC
The USCIS reviews Form I-526 and the supporting documentation to determine if the applicant meets the eligibility requirements.
If the USCIS approves the petition, it will be forwarded to the National Visa Center (NVC).
Immigrant Visa Application and Interview
If the applicant is outside the United States, they must apply for an Immigrant Visa through the U.S. Embassy or Consulate in their home country.
The NVC will provide instructions and request the necessary fees and documents for the Immigrant Visa application process.
The applicant will then attend an interview at the U.S. Embassy.
Adjustment of Status (Form I-485)
If the applicant is already in the United States on a different visa status, they can apply for Adjustment of Status (Form I-485) with the USCIS after the approval of Form I-526.
This process allows them to obtain conditional permanent residency without leaving the U.S.
Benefits of the EB-5 Visa
Obtaining an EB-5 Visa comes with several advantages that make it an attractive pathway to U.S. residency and, eventually, citizenship.
- Living, Working, and Studying in the U.S.
- Renewable Green Card
- Eligibility for U.S. Citizenship
- Visa-Free Travel
- Access to High-Quality Healthcare
- Potential Capital Investment Returns
- Duration and Family Members
Initially, an EB-5 Visa grants conditional residency to the applicant for two years.
After two years, the applicant can apply for the removal of these conditions and obtain permanent residency status (Green Card) if all requirements have been met.
Family Members:
Spouses and unmarried children under 21 years old can also benefit from the EB-5 Visa application.
They can be included in the applicant’s petition and will also receive Green Cards, allowing them to enjoy the same benefits and privileges.
FAQs
Can I include my family members in the EB-5 Visa application?
Yes, you can include your spouse and children under the age of 21 in your EB-5 Visa application, and they will also receive Green Cards.
What are the investment options for an EB-5 Visa?
The two investment options for an EB-5 Visa are investing in a TEA with a minimum of $800,000 or making a direct investment of at least $1.05 million outside a TEA.
How long does the EB-5 Visa process take?
On average, the EB-5 Visa process takes around 13 months from the time of application submission, but the processing time can vary.
Can I apply for American citizenship with an EB-5 Visa?
Yes, you can apply for American citizenship after having “unconditional residency” status for at least five years (with a 10-year Green Card) and meeting other naturalization requirements.
Conclusion
The EB-5 Visa program provides a valuable opportunity for foreign investors to obtain U.S. residency and, ultimately, American citizenship through significant investments that promote economic growth and job creation in the United States.
As with any immigration process, it is essential to seek guidance from experienced legal representatives to ensure a successful and smooth application journey