The EB-5 “Investor Green Card” is a permanent residency U.S. visa designed to allow permanent U.S. residency to foreign investors who are willing to invest significant capital in American companies.
The conditions require:
An investment of $1.8 million or more (or at least $900,000 in certain rural areas or regions with high unemployment);
And that the company will employ at least ten full-time positions for either American citizens or legal permanent residents.
EB-5 visa applications have become much more popular in recent years after the USCIS relaxed the requirements and increased the consistency of granting EB-5 applications.
Advantages of EB-5 Visa
An EB-5 visa offers a number of benefits to immigrants, including:
Lawful Status in USA: This is the main goal of the majority of foreign investors who apply for an EB-5 visa. The visa allows the investor, and their spouses and qualifying children, a legal path to live, work, and study in the U.S.
Quick path to PR and citizenship: The initial conditions of the visa can be removed after two years. Additionally, immigrants with an EB-5 visa may be eligible for citizenship in as little as 5 years after achieving permanent resident status.
No visa sponsor required: An EB-5 visa investor essentially acts as his own sponsor. There are no requirements outside the investment in an American business. They do not have to be sponsored by any American and group.
Monetary return on investment: Though many of the investments serve only to help the investor gain entry into the U.S., the right investment can lead to profits and further income for the investor. The initial investment can pay off in more than U.S. status.
Freedom to live anywhere in the USA: Though this is not true for all those with an EB-5 visa, many investors have the option to live and work wherever they want. Other types of visas 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 that citizens enjoy. 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.
Criteria for Investing in a New Business
The investor must be investing at least US $1.8 million (or at least $900,000 if in a designated targeted employment area). The targeted employment area is a rural area or area that has experienced a high unemployment rate of at least 150% of the national average. The investment must be shown to benefit the U.S. economy, usually by providing goods or services to domestic markets. The new business must, directly or indirectly, create at least ten full-time positions for U.S. workers.
May include citizens, green card holders, and others allowed to work in the U.S.
May not include the EB-5 petitioner or their family members.
The capital investment does not have to be all cash but may also comprise:
Cash equivalents or indebtedness are secured by the investor's assets and for which they are liable.
Equipment, stock, or other tangible property.
The EB-5 petitioner may be involved directly in a management capacity or as a limited partner.
How to Apply for an EB-5 Visa?
Once you have settled your investment, the process for applying for an EB-5 Visa is as follows:
You apply to the USCIS using the Form I-526, which is essentially the application form.
For an Investment Visa. The USCIS may update the address in which you must submit the form, so you should check their website.
The USCIS reviews the application and sends it to the National Visa Center (NVC).
The NVC contact you and ask you to pay the relevant fees and submit the required documents. The NVC informs you where and how to pay the fee.
You apply for an Immigrant Visa and attend an interview at the US Embassy. The NVC will inform you where and when the interview will take place, and what documents you should bring.
If everything goes accordingly, the US Embassy issues your Immigrant Investor Visa (i.e., the two-year Green Card).
If you are already in the US: You have to file for adjustment of status (Form I-485) with the USCIS instead of applying at a US Embassy.
How Long Does the EB-5 Visa Process Take?
The process for obtaining an EB-5 Visa takes on average 24 months, from the time you submit your application with the USCIS. Because this is an average, the actual processing time could be longer or shorter, depending on your specific situation.
Documents Required for EB-5 Visa Application
Documentary evidence that you have either invested or are in the process of investing in:
A for-profit new commercial enterprise established after 1990; or purchased a for-profit new commercial enterprise established before 1990 but reorganized so that a new enterprise results; or
Invested in a for-profit new commercial enterprise established before 1990 but your investment resulted in at least a 40% increase in the net worth or number of employees.
Evidence that you will manage or oversee the new enterprise.
Evidence that your investment has led to at least ten new full-time jobs directly or indirectly. Or submit a comprehensive business plan showing that at least ten new positions will be required if they are not at the moment.
Evidence that you intend to keep the new employees for at least two years. Proof you have made the minimum required investment.
Proof that your investment money was obtained lawfully.
If you are already in the US: You have to file for adjustment of status (Form I-485) with the USCIS instead of applying at a US Embassy.
E.g.: Foreign business registration records
Corporate, partnership
Personal tax returns.
Proof of any other source of capital
Proof of any pending civil or criminal actions against you from a court in or outside the USA from the previous 15 years (if applicable).
Your passport, Passport-size pictures.
Civil documents, such as birth and marriage certificates.
Completed medical examination forms.
EB-5 Visa Cost
The cost for the actual EB-5 Visa application is $3,675 (for I-526) for yourself and any applicants. Naturally, in addition to the $900,000 you invest and any other administrative fees, such as:
Form DS-260 processing fee
Medical examination fees
Fees to obtain supporting documents
Any translation fees from foreign language to English
Any fees you pay to acquire legal help during the investment process
Application for Conditional Green Card or I-526 Petition Approval
After the U.S. Citizenship and Immigration Services (USCIS) approves the application for a conditional green card or the I-526 petition, EB-5 investors outside the United States are required to complete their documentation requirement and pay the requisite fee to schedule an interview with the local U.S. Consulate. Once the interview is conducted, the Consulate stamps the passport with an immigrant visa. The immigrant visa has a validity of 6 months. EB-5 investors must travel to the United States within 6 months to activate their conditional permanent residence and receive their conditional green card.
If the EB-5 investor is in the United States, their attorney will assist them in filing an application for adjustment of status or Form I-485. While USCIS has the authority to call the EB-5 investor for an interview, in majority of the cases, the interview is waived, and the EB-5 investor receives the green card in mail. The conditional green card gives the holder the same benefits as an unconditional or a regular U.S. green card.
Application for Removal of Conditions or I-829 Petition
After spending 1 year and 9 months (21 months) on a conditional green card and before the expiration of 2 years (24 months), the EB-5 investor through his/her attorney is required to file:
An application for removal of conditions. In this application, the EB-5 investor needs to demonstrate that:
The required amount of capital was fully invested in the project.
The project did not deviate from the business plan submitted with USCIS with the I-526 petition.
The project created 10 new full-time American jobs.
Upon receipt of the petition, USCIS issues a receipt notice to the EB-5 investors, this notice automatically extends the conditional permanent residence by 18 months to keep the EB-5investor in valid status while USCIS processes the petition
Return or Redeployment of EB-5 Capital
Based on the terms and conditions of the EB-5 offering, EB-5 investors should expect repayment of their invested EB-5 capital upon meeting the following conditions:
Completion of 2-year conditional permanent residence period.
Expiration of the loan term extended to the borrower.
Sometimes due to inordinate delays in processing of applications or consulate closures, EB-5 investors are unable to meet the 2-year requirement of conditional permanent residence. This may trigger redeployment of funds, i.e., the borrower has repaid the EB-5 capital to the fund entity but the same cannot be repaid to the EB-5 investors without jeopardizing such investors’ immigration.
I-829 Petition Approval and Unconditional Green Card Issuance
Once the application for removal of conditions is approved, USCIS will mail the unconditional green card to the EB-5 Investor’s address on file. The unconditional green card has a validity of
10 years and can be renewed infinite number of times during the lifetime of the EB-5 investor if the investor has not abandoned U.S. permanent residence.
Upon spending 5 years from the day of receipt of conditional green card, EB-5 investors are eligible for U.S. citizenship upon fulfilling certain conditions such as spending 30 months in preceding 5 years in the United States without a gap of more than 6 months at a stretch.
To obtain a green card or an EB-5 visa, one must get in touch with an immigration attorney who has knowledge and experience, and Enaaya Consulting works with such qualified attorney’s which makes us a go to place for all your visa needs. Reach out to us to know more and make your dreams a reality!
Invest in USA (EB5)
Invest in USA (EB5)
The EB-5 “Investor Green Card” is a permanent residency U.S. visa designed to allow permanent U.S. residency to foreign investors who are willing to invest significant capital in American companies.
The conditions require:
EB-5 visa applications have become much more popular in recent years after the USCIS relaxed the requirements and increased the consistency of granting EB-5 applications.
Advantages of EB-5 Visa
An EB-5 visa offers a number of benefits to immigrants, including:
Lawful Status in USA: This is the main goal of the majority of foreign investors who apply for an EB-5 visa. The visa allows the investor, and their spouses and qualifying children, a legal path to live, work, and study in the U.S.
Quick path to PR and citizenship: The initial conditions of the visa can be removed after two years. Additionally, immigrants with an EB-5 visa may be eligible for citizenship in as little as 5 years after achieving permanent resident status.
No visa sponsor required: An EB-5 visa investor essentially acts as his own sponsor. There are no requirements outside the investment in an American business. They do not have to be sponsored by any American and group.
Monetary return on investment: Though many of the investments serve only to help the investor gain entry into the U.S., the right investment can lead to profits and further income for the investor. The initial investment can pay off in more than U.S. status.
Freedom to live anywhere in the USA: Though this is not true for all those with an EB-5 visa, many investors have the option to live and work wherever they want. Other types of visas 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 that citizens enjoy. 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.
Criteria for Investing in a New Business
The investor must be investing at least US $1.8 million (or at least $900,000 if in a designated targeted employment area). The targeted employment area is a rural area or area that has experienced a high unemployment rate of at least 150% of the national average. The investment must be shown to benefit the U.S. economy, usually by providing goods or services to domestic markets. The new business must, directly or indirectly, create at least ten full-time positions for U.S. workers.
How to Apply for an EB-5 Visa?
Once you have settled your investment, the process for applying for an EB-5 Visa is as follows:
How Long Does the EB-5 Visa Process Take?
The process for obtaining an EB-5 Visa takes on average 24 months, from the time you submit your application with the USCIS. Because this is an average, the actual processing time could be longer or shorter, depending on your specific situation.
Documents Required for EB-5 Visa Application
Documentary evidence that you have either invested or are in the process of investing in:
EB-5 Visa Cost
The cost for the actual EB-5 Visa application is $3,675 (for I-526) for yourself and any applicants. Naturally, in addition to the $900,000 you invest and any other administrative fees, such as:
Application for Conditional Green Card or I-526 Petition Approval
After the U.S. Citizenship and Immigration Services (USCIS) approves the application for a conditional green card or the I-526 petition, EB-5 investors outside the United States are required to complete their documentation requirement and pay the requisite fee to schedule an interview with the local U.S. Consulate. Once the interview is conducted, the Consulate stamps the passport with an immigrant visa. The immigrant visa has a validity of 6 months. EB-5 investors must travel to the United States within 6 months to activate their conditional permanent residence and receive their conditional green card.
If the EB-5 investor is in the United States, their attorney will assist them in filing an application for adjustment of status or Form I-485. While USCIS has the authority to call the EB-5 investor for an interview, in majority of the cases, the interview is waived, and the EB-5 investor receives the green card in mail. The conditional green card gives the holder the same benefits as an unconditional or a regular U.S. green card.
Application for Removal of Conditions or I-829 Petition
After spending 1 year and 9 months (21 months) on a conditional green card and before the expiration of 2 years (24 months), the EB-5 investor through his/her attorney is required to file:
Return or Redeployment of EB-5 Capital
Based on the terms and conditions of the EB-5 offering, EB-5 investors should expect repayment of their invested EB-5 capital upon meeting the following conditions:
I-829 Petition Approval and Unconditional Green Card Issuance
Upon spending 5 years from the day of receipt of conditional green card, EB-5 investors are eligible for U.S. citizenship upon fulfilling certain conditions such as spending 30 months in preceding 5 years in the United States without a gap of more than 6 months at a stretch.
For more information on USA EB-5 Visas, click here: EB-5 Immigrant Investor Program | USCIS
How can we help?
To obtain a green card or an EB-5 visa, one must get in touch with an immigration attorney who has knowledge and experience, and Enaaya Consulting works with such qualified attorney’s which makes us a go to place for all your visa needs. Reach out to us to know more and make your dreams a reality!
Our Services
Countries
We are always available for free profile assessment and on call counselling
(+91) 86 86 201 201