Overview
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
334.9M
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
Step 1
Candidate will complete the investor questionnaire and begin to evaluate project documents. The professional and legal team will compile sources of funds documentation. The candidate will complete subscription documents once a project is chosen, and funds will be transferred to the project escrow account. Once this is completed, the legal team will file the I-526E petition with USCIS, which is the initial application for a conditional green card.
Step 2
After approximately 12 months, the legal team will receive a notification on the outcome of the I-526E application. If favorable, the candidate will pay a fee, and the file will be transferred to the National Visa Center, where an interview will be scheduled at the nearest embassy to the candidate’s residence. If the candidate is already in the United States, the interview is not necessary, and the legal team can apply for Adjustment of Status for the candidate from within the US. Once the interview is completed, or the Adjustment of Status is completed, the candidate may immigrate to the US and receive a two-year conditional green card.
Step 3
The candidate will reside in the US as a conditional resident for two years. In order to maintain the green card, they must land at least once every 6 months and must have the intention to be a permanent resident of the US. Should the candidate be aiming for eventual citizenship and a US passport, they must spend 2.5 out of 5 years as a green card holder in the US. After two years as a conditional resident, the legal team will file the I-829 petition with USCIS to remove all conditions on the green card. The candidate will receive the permanent green card.
Step 4
Once the start-up proposal is ready, it is submitted to the business support group for a final review. The start-up members will make a formal pitch to the business support group. Due diligence is undertaken by the business support group.
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
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:
EB5 Visa USA Pricing
Legal Fees
$25,000
Validation Fee
$35,000
Government Fees
$4,200 (approx.)
Capital Investment Amount
$90,000
Business Implementation Fee
$30,000
Professional Fees
$20,000
Grand Total
$204,200
The Step Global immigration lawyers are available to answer your questions. Contact us today to arrange a consultation.
- Preeya Malik - Managing Director
- +971 (0) 4 770 7825
- preeya@stepglobalgroup.com
- DIFC, Central Park Towers Offices, Office 14-39 Dubai, UAE