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What is the EB-5 Investment Visa Program?
The Employment-Based Fifth Preference (EB-5 visa) is an immigrant visa category issued by the U.S. government under the green card program. This program is designed to encourage foreign capital investment in the U.S. economy, creating jobs for U.S. workers. Foreign nationals and their families are eligible to become permanent residents and eventually citizens of the United States by investing in a business that creates jobs for U.S. citizens.
In simple terms, the EB-5 visa program mandates that an individual or family looking to obtain U.S. permanent residency (green card) must together invest a passive (refundable) investment of $800,000 USD for a limited time into an approved project or business enterprise. This investment must create 10 full-time jobs for U.S. citizens. A spouse and minor children under the age of 21 can be included on one application with an investment of $800,000 USD, and each member of the family will earn their own Green Card.
Commonly, the investor invests in a bona fide business (a new commercial enterprise) that will work to create the required jobs in the geographical area where the business is located. The investor is not simply investing in physical real estate. Such business/project is generally administered by a regional center. Even when investing in a construction project, the investor is providing funds for use by the developer (or business) and the funds are not going towards owning a piece of the real estate.
How do you qualify for EB-5 Visa Program?
It is a very liberal program with no restrictions based on nationality for the EB-5 visa Program. Any foreign national may apply. In the past, approvals have been witnessed for different nationalities including those within the recent Executive Orders and Travel Bans. The EB-5 process doesn’t have any upper age restrictions for the applicants and no language test is required for applying under the program.
To qualify for the EB-5 application process, the investment must be in a new commercial enterprise/project. The investment is at least $1,050,000 USD unless the enterprise/project is located in a targeted employment area (TEA) or rural area (RA), where the investment must be at least $800,000 USD. The principal requirement under the EB-5 visa program is that the funds for the investment must be accrued from a lawful source of income. Any unaccounted or unexplained funds are not accepted under the EB-5 visa process. Evidence must support the legal acquisition of investment funds. Essentially, it is shown that the investor’s funds are from clean, legal, and transparent sources of income.
What is the EB-5 Process and How Long Will It Take to Obtain an EB-5 Visa?
1. Initial Application:
The first step is filing Form I-526, which documents the source of funds and details of the project with the $800,000 USD investment.
2. Conditional Green Card:
After the conditional green card is held for two years, investors must file Form I-829 to obtain an unconditional green card. This process checks that the investment remains intact and has created 10 full-time jobs.
3. Investment Duration:
The investment must remain in the enterprise for at least two years. However, the project may specify a longer duration, typically around 5 years. The required timeline is outlined in the project documents signed by the applicant.
Minimum Residency Requirement for Permanent Residency in the USA:
One must land in the U.S. at least once every six months to keep the permanent residency/green card status active and the U.S. must be the intended place of permanent residency and citizenship. After five years of holding the green card, an application for U.S. Citizenship can be filed. To apply for U.S. Citizenship after five years, one must stay in the U.S. for a minimum of 2.5 out of 5 years. This period begins when one receives their initial conditional green card, forming a part of the EB-5 timeline to U.S. citizenship.
Timeline and Fast-track Processing for EB-5 Visa:
The usual processing time for I-526 application approval is 24 to 36 months for approval, although the US government is making this more efficient. However, there are limited opportunities to invest in projects that are eligible for fast–track or “expedited” processing. Once USCIS approves a request for expedited processing it shortens the processing time for initial conditional green card approval by more than half with an average of less than twelve (12) months. There are only certain projects which are eligible for fast-track processing. These are projects that the government considers relevant and important from a national and state point of view, or these projects fall under any of the reserved categories. Therefore, the investments in these projects are highly valued and the government may agree to process these investor applications faster. Usually, these projects fall under sectors like agriculture, government infrastructure, and healthcare. The government will also be giving priority to investors in rural projects.
Apply for the EB-5 Visa with Trusted Experts:
As the leading EB-5 visa consultant in the UAE, in addition to the fast-track project, Step Global also has residential, hotel, and infrastructure projects from the industry’s best Regional Centers which have a 100% track record of green card approvals and a full refund of funds to their past investors over the years. We currently have projects available in all categories to suit every individual investor. Our vast legal and EB-5 network allows us to provide not only expert service but exclusive projects, including those where we have successfully received approvals on expedited processing requests for many clients. Our lawyers are happy to sit down with you to properly put a plan in place for your U.S. EB-5 journey. Under the aegis of our Managing Director, Ms. Preeya Malik who herself is a U.S. lawyer specializing in the U.S. immigration statutory framework, we have a 100% track record of approvals and over 12+ years of experience in the EB-5 industry, making us well–positioned to provide clients with the expertise necessary for success.
Why choose Step Global Group for EB-5 Immigration?
- 100% track record of approvals
- Owned and operated by a US Licensed Lawyer
- 12+ years of experience in investment immigration
- 9+ years here in the GCC servicing the Middle East, India, and Africa
For more information on immigration services provided by Step Global visit www.stepglobalgroup.com
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
To invest in the U.S. EB-5 visa program, an applicant must have either $800,000 (for projects in a Targeted Employment Area) or $1.05 million.
Under the EB-5 visa program, applicants must create or sustain at least 10 jobs for US nationals.
There is no definitive success rate for EB-5 visa immigration applications, as it depends on a number of eligibility factors.
The minimum investment for a Targeted Employment Area (TEA) EB-5 application is $800,000.
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