Table of Contents
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?
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 by investment, one must be eligible under one of the categories listed on the official USCIS website.
The processing time for a green card investment varies depending on the category of US green cards an individual is applying for and where they are 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 Green Card 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 for an EB-5:The EB-5 program requirements mandate 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 for EB-5: 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 EB5 green card 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 process that an immigrant investor should be prepared to complete to become a US permanent resident.
1. 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.
2. Compile and File the I-526E Petition: The initial EB-5 visa application process begins with 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. Your EB-5 green card team will present you with a diverse range of EB-5 projects for you to choose from and will collect financial documents to demonstrate your EB5 green card investment amount.
3. Become a Conditional Permanent Resident: Once your I-526E application is approved, there are two options to obtain your conditional EB-5 visa green card. If you are outside the United States, you will need to attend an interview at the US embassy. For those already in the US, documents will be submitted for adjustment of status.
4. File the I-829 Petition for Unconditional Green Card: After holding your EB-5 green card for two years, your EB-5 team will help you file an I-829 petition to remove conditions. The US government will verify that your full EB5 green card investment has been made and that at least 10 full-time jobs were created. Once approved, you and your dependents will receive a permanent US green card.
US EB-5 Green Card Benefits
There are multiple benefits the investor and their family can unlock once they obtain a green card through EB5.
- 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 US Customs and Border Patrol regulations.
- Work in the United States: Each family member with a US green card by investment can work anywhere in the United States without additional visa sponsorships 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 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.
Navigating the EB-5 Green Card Process Amid Changing US Immigration Policies
Trump has announced the intention to make sweeping changes in US immigration policy while he is in office. It is important to note that the EB-5 Program could also be up for changes, and those interested in applying should initiate the process as soon as possible.
This being said, investors should also not worry as the grandfathering regulation which was introduced in 2022 under the Reform and Integrity Act, states that anyone who is to apply prior to any regulation changes in the EB-5 Program will be grandfathered in at the current regulations on the date they applied.
Conclusion
Obtaining a green card by investment via the EB5 green card program offers a reliable pathway for investors to secure US residency and citizenship. With proper planning and the guidance of experienced consultants, the EB5 application process can be streamlined, ensuring a smooth transition to life in the United States.
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 Green Card 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 when applying for the EB-5 visa green card.
No, education is not a requirement for the EB-5 Green Card. Similarly, proficiency in English and age are not part of the requirements for obtaining 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.
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