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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!