US Residence EB-5 Visa by Investment

Home » US Residence EB-5 Visa by Investment

United States

According to United States Citizenship and Immigration Services (USCIS), the EB-5 Immigrant Investor Program allows a foreign investor to fund $800,000 USD
minimum (refundable) investment into a government approved EB-5 project, which then allows the US government to provide a green card and eventual citizenship for the investor, the investor’s spouse, and any children under the age of 21.

Government

Federal Republic, Presidential System, Constitutional Republic

Population

340.1M

Official Language

English

Climate

Varies from State to State

Member of

United Nations, Organization of American States, NATO, World Bank

Visa Free Travel

188 Countries

Time to Green Card

12 months (approx.)

Time to Passport

5 years

EB-5 Visa USA Process

Adjustment of Status Concurrent Filing – Key Update

In March 2022, the US government made changes to the EB-5 visa Program, including the introduction of the concept of Adjustment of Status Concurrent filing, essentially allowing early access for EB-5 candidates to the United States. Through this process, a candidate may enter the US on a temporary visa or may already be in the US on a valid visa status, and as a result, Adjustment of Status documents may be filed for them along with the submission of the EB-5 application. This also allows for application for an Employment Authorization Document and a travel document called Advance Parole.

The Employment Authorization Document acts as an open work permit, allowing the individual to live and work legally in the US without sponsorship, while they are waiting for approval of the green card through the EB-5 Program.

The Advance Parole will allow the individual to travel in and out of the US without any issues while they are waiting for the approval of the green card.

*For additional information on how to gain early access to the US under the Adjustment of Status Concurrent Filing, please contact us.

US Residence by Investment and EB5 Visa Requirements

US Green Card

In order to qualify for a direct green card, the following requirements must be met:

  • The investment must be made in a new commercial enterprise/project or one that was:
    • Established after November 29, 1990, OR
    • Established on or before November 29, 1990, and has been restructured in a way that results in a new enterprise, or there is a 40% increase in the net worth or number of employees
  • The investment is at least $1,050,000 USD UNLESS the project is located in a targeted employment area (TEA) or rural area (RA) where the investment then must be at least $800,000 USD
  • The investor or project must prove on behalf of the investor that the investment will directly impact on the creation of at least 10 full-time jobs
  • The funds must be from a lawful source.
  • The candidate must have no criminal record

Legal Framework of EB 5 Visa USA

Congress created the EB-5 Immigrant Investor Program in 1990 to generate job-creating foreign investment in the United States.

Based on the Immigration and Nationality Act, Sections 203(b)(5) and 216A and 8 C.F.R. Section 204.6, foreign investors may make qualifying investments into the United States which create 10 full time jobs for US permanent residents or citizens in order to obtain the green card via the EB- 5 Immigrant Investor Program.

There are also several USCIS memorandums and procedures that govern EB-5 policy.

In 2022, the Reform and Integrity Act was passed which governs new changes and regulations under the EB-5 Immigrant Investor Program.

*Please contact us for a copy of the Immigration and Nationality Act, Sections 203(b)(5) and 216A, and 8 C.F.R. Section 204.6, and the 2022 Reform and Integrity Act.

About Step Global

Step Global is the leading immigration consultancy and advisory firm headquartered in Dubai, United Arab Emirates – a hub for effectively servicing clients from the GCC and MENA region, including India and Pakistan. We are comprised of a network of globally licensed lawyers, investment advisors, immigration specialists, and real estate experts who provide active guidance through the entire immigration process. Acting as a single point of contact between all parties involved, we ensure the most optimal chances for approval of your application for migration.

Our partner firms meet high standards to be part of our international network and are respected by peers in the legal and business communities. As a result, Step Global only offers investment immigration visa programs that are well-reputed globally and provide access to the top-ranked passports worldwide as per the Passport Index.

Step Global bridges the gap of future planning for its high-net-worth clientele by providing additional required services including Wealth and Tax planning and Executive Lifestyle Management Services. Step Global has taxation specialists who help clients fully prepare for their financial future. With over a decade of experience in estate planning and investment consultation, and international taxation guidance, our experts can guide HNWIs on how to best appreciate and protect their capital.

This branch of the business is titled Step Wealth, and we’re proud to boast a solid track record of clients making significant capital gains through investment, taxation consultation, and estate planning.

Why Choose Us for Your Immigration Journey:

13+ years of experience in the field of investment immigration
Award winning lawyers and specialists on the ground and supervising each file
Partnerships with only the top and most reputed law firms, immigration, and tax specialists in the world
Highest track record of immigration petition approvals in the region
Holistic approach to future planning for each and every candidate

FAQs

The US residence by investment, commonly known as the EB-5 Immigrant Investor Program, allows foreign investors to obtain U.S. permanent residency (Green Card) by making a qualifying investment in the country. This program was created to stimulate the U.S. economy through job creation and capital investment from international investors.

The EB-5 visa is a direct path to a U.S. Green Card for an investor, their spouse and children under 21. In summary, it grants families the ability to live, work, and study anywhere in the U.S., access world-class education and healthcare, and ultimately pursue U.S. citizenship. Compared to other visa options, it has no job sponsorship requirement and the investment can provide additional potential financial returns.

The EB-5 visa is a U.S. immigrant visa category designed for investors who contribute a minimum qualifying investment into a new or existing U.S. business that creates or preserves at least 10 full-time jobs for American workers. Successful applicants, along with their immediate family (spouse and children under 21), can receive permanent residency in the United States.

As per the EB-5 program, the minimum investment is USD 800,000 if the project is in a Targeted Employment Area (TEA). A TEA is defined as either a rural area or a region of high unemployment. Investments made outside of TEAs require the USD 1,050,000 minimum. Such figures are considered consistent with U.S. immigration regulations and requirements for obtaining a Green Card.

To obtain U.S. residency through investment, applicants must:

  • Select an EB-5 investment project that is eligible.
  • Invest the capital in the project.
  • File Form I-526E with the USCIS.
  • Upon approval of Form I-526E, apply for conditional permanent residency or Green Card.
  • After two years, present evidence that conditions have been removed and that the permanent residency exists, by showing that the investment has led to the creation or maintenance of at least 10 full-time U.S. jobs.

The key documents for an EB-5 visa application include:

  • A valid passport and other forms of personal identification.
  • Proof that the investment money came from a legal source and path.
  • Documents for a business or investment project.
  • Financial records, tax returns, and bank statements.
  • Information about work and family.
  • Filled out USCIS forms, like Form I-526E and later I-829.
  • For an application to be successful, it is very important to provide accurate and complete documentation.

Yes. Investors can eventually apply for U.S. citizenship after getting an EB-5 visa, which gives them permanent residency at first. EB-5 investors and their families can apply for naturalization after holding a Green Card for at least five years and meeting residency requirements.

EB-5 investors get a conditional permanent residency that is valid for two years. After proving that a job was created and the investment requirements were met, the conditions will be lifted and unconditional permanent residency will be graced upon the investor with indefinite stay privileges granted within the U.S. A Green Card gives you the right to live, work, and study anywhere in the United States.

Popular searches:

US permanent residency by investment | United states of America permanent resident | United states green card | US permanent residency | Permanent resident card USA | American permanent residency | United states green card | US residence by investment | Golden visa USA | US residency by investment

Contact Us for a Free Consultation

The Step Global immigration lawyers are available to answer your questions. Contact us today to arrange a consultation.