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A complete guide to the requirements, process, and benefits of acquiring a US green card by investment through the US EB-5 Immigrant Investor Visa Program.

What is a US Green Card?

US EB-5 green card

A US Green Card is the equivalent of US permanent residency and is sometimes referred to as a resident card US. It grants the holder the right to live and work permanently in the United States, opening up a wide range of benefits. On average, the US government grants around one million US green cards annually. To apply for a green card, one must be eligible under one of the categories listed on the official USCIS website.

The processing time for a green card varies depending on the category types of US green cards an individual is applying for and where he/or she is applying from. The wait time can be reasonable for immediate relatives (spouses and minor children) of US citizens. Still, for other categories, such as H1-B, via employer sponsorship, the wait can be much longer, counting in years.

What is the US EB-5 Visa?

The EB-5 Immigrant Investor Visa Program also known as the EB5 green card program, was established in 1990 to promote US economic growth through job creation and capital investment by foreign investors. Under this EB-5  program, applicants must invest a refundable amount of USD 800,000 in a government-approved EB-5 project. In return, the investor, the investor’s spouse, and any children under the age of 21 may receive in exchange for their investment, a US green card eventually leading to a US passport and citizenship.

US EB-5 Visa Requirements

To obtain a US EB-5 visa, an investor must meet specific requirements as stipulated by the United States Citizenship and Immigration Services (USCIS).

  • Investment Amount: The EB-5 program investment amount requires a minimum investment of USD $1,050,000 unless the project is located in a Targeted Employment Area (TEA) or rural area, where the minimum investment must be USD $800,000.
  • Sources of Funds: The US Citizenship and Immigration Services (USCIS) thoroughly examines where an applicant’s funds came from, including the path of that money. Therefore, proving the lawful source of the investment capital is critical for a successful application.
  • EB-5 Job Creation: The EB-5 green card investment must result in the creation of at least 10 full-time jobs for U.S. workers.

US EB-5 Green Card Application Process

There are four main stages in the EB-5 green card visa process that an immigrant investor should be prepared to complete to become a permanent resident in the United States.

  • Select a US Immigration Consultant and Project: Placing the US EB-5 visa application in the hands of reputable immigration firms and attorneys reduces the risk of denial or rejection. At this stage, your chosen EB-5 green card team should determine if you meet the general admissibility criteria for the EB-5 investor program. Any areas of concern that need to be addressed should also be discussed at this stage before the process moves forward.
  • Compile and File the I-526E Petition: The initial EB-5 visa application is called Form I-526E and primarily consists of two parts: the investor’s source of funds and information on the project in which they have invested their $800,000 capital. Thus, your EB-5 team will present you with a diverse range of EB-5 projects for you to select the one you wish to invest in and will collect your financial documents to demonstrate your source of funds and compile a strong EB-5 green card application.
  • Become a Conditional Permanent Resident: Once your I-526E application has been approved, there are two options to obtain your conditional EB-5 green card. If you are outside of the United States, you will need to go to the nearest US embassy for an interview. Upon a successful interview, you and your dependents will receive a visa allowing you to travel in the United States for the first time as a US green card holder. For those already in the US, documents will be submitted for an adjustment of status within the United States.
  • File the I-829 Petition for Unconditional Green Card: After holding your conditional EB-5 green card for two years, your EB-5 team will help you file an I-829 petition for the removal of conditions. At this stage, the US government will verify that you made a full investment in the project and that a minimum of 10 full-time jobs for US workers have been created on behalf of the investor by the project. Once the I-829 application is approved by USCIS, the EB-5 process is complete. You and your dependents will receive a permanent US green card.

US EB-5 Green Card Benefits

Benefits of an EB-5 Green Card

There are multiple benefits the investor and their family — which includes the spouse and any children under the age of 21 — can unlock once they obtain a green card through the US EB-5 visa program. Most of these benefits begin from receipt of the conditional EB-5 green card.

  • Legally live in the United States: The family has the freedom to live in the United States while keeping a residence in another country if desired. The US green card holder must land once every 6 months in the United States as per the regulations of the US Customs and Border Patrol and must have the intention to make the US their home.
  • Work in the United States: As green card holders, the family is not tied to an employer. Each family member with a green card in hand has the freedom to work anywhere in the United States without the need for sponsorships on additional visas like the H1-B visa. 
  • Education Benefits: US university students are entitled to scholarships, grants, and domestic tuition rates in public post‐secondary institutions which at times are one-fourth that of international tuition rates. Most importantly, those with a green card can remain in the US after graduation and focus on their career growth.
  • Pathway to Citizenship: The investor has the option to acquire US citizenship and passport after five years of holding the EB-5 green card, provided they have spent half of that time physically in the US. The US passport allows the family to travel visa-free to 186+ countries worldwide.
  • Travel Flexibility: The family can travel visa-free to the United States and Canada once the EB-5 green card is obtained.

Also read:  Benefits of US Green Cards for International Students

US Green Card Validity

The approval of the I-526E petition grants conditional permanent resident status to the applicant for 2 years. Once the conditions are removed, a US green card is valid for an unlimited time but must be renewed every 10 years. A green card holder can then apply for US citizenship after five years, so long as physical residency requirements have been fulfilled.

Immigration Consultancy in Dubai

Step Global, an immigration consultancy based in Dubai, specializes in citizenship and residency by investment programs. They can assist you with your applications for the Portugal Golden Visa, the US EB-5 Immigrant Investor Program, the Canada Start-Up Visa, the Caribbean Citizenship Program, and the UAE Golden Visa.

FAQs

You may now have a good overview on what the US EB-5 program is and if it fits your family’s goals and needs. In this section we answer additional questions you may have on this program. If you don’t find what you are looking for, consult our EB-5 experienced lawyers that will provide you with the right advice specific to your own situation.

With an EB-5 Green Card, you can immigrate to the US without needing a job offer and are entitled to live and work anywhere in the country. The spouse of the primary applicant and children under the age of 21 also enjoy these benefits. Children studying in the US gain access to some of the most reputable universities globally, along with significant financial advantages, including lower tuition fees compared to international students, access to grants and scholarships, and the freedom to choose employment anywhere in the US without being tied to employer sponsorship. The green card through investment provides security and flexibility for families looking to build a future in the US.

The EB-5 program requires a minimum investment of USD $800,000 and the investor’s capital must be “at risk”, as per visa regulations. This means that the capital must be a true investment with a risk of loss or chance of gain. While the capital must meet this criterion, an experienced EB-5 team will guide you in choosing investment options that minimize risks while fulfilling the green card investment requirements.

Typically, your EB-5 investment must be made before filing your I-526E petition. However, some immigration firms or regional centers will allow you to split the payment in different stages. This approach should only be taken under the guidance of an experienced EB-5 legal team and a regional center to avoid any issues during processing related to your green card via investment.

Yes, the United States allows dual citizenship, however, you should also verify the rules regarding dual citizenship in your country of origin.

No, education is not a requirement for the EB-5 Green Card. Similarly, your proficiency in English and age are not part of the requirements to obtain a green card through investment.

The United States Citizenship and Immigration Services (USCIS) is the government agency responsible for processing all immigrant applications, including those for the EB-5 Green Card. Ensuring all requirements for the green card investor visa are met will help your application proceed smoothly.

by Preeya Malik

by Preeya Malik

MD, Step Global

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