The U.S. Investor Visa, better known as the EB-5 visa, is perhaps the most unusual way to permanent residence in the United States. Established by Congress in 1990, its purpose is to further develop the U.S. economy through the necessary creation of at least ten full-time new jobs and newly invested private capital by foreign investors. What follows is a general guideline regarding the EB-5 visa, wherein the paper discusses the requirements, for an EB-5 visa, benefits, and helpful tips.
- Permanent Residency: An EB-5 visa provides direct dual residency status to the investor, spouse, and children under 21 years of age.
- Pathway to American Citizenship: After five years of required residence in the United States, holders of the EB-5 Green Card apply for United States citizenship. Only then does one qualify to apply for the EB-5 visa.
- Work and Live Anywhere in U.S.: There are no geographically imposed conditions on living within the area of investment for an EB-5 visa holder. They can either live, work, or study anywhere they want in the United States of America.
- Educational Opportunities: In the U.S., children of EB-5 investors can be educated in schools and U.S. universities. Some among them get in-state tuition rates.
- Business Opportunities: It allows the visa holder to actively participate in the management of his or her investment. This gives an individual an opportunity to expand one's business into the U.S. Market.
Tips on How to Have a Successful EB-5 Visa Application
- Conditional Residency: Do be aware right from the outset that the green card you obtain in the first instance will essentially be in the nature of conditional residency and will be valid for two years. You would have to file the Form I-829 for removal of such conditions.
- Sustaining the Investment: You will have to further ensure that your investment is kept alive throughout the period of conditional residency and also serves the purpose for which it was made under the EB5 requirements.
Good Communication should be Maintained:
- Regular Updates: Communication is the key. Keep in regular touch with the immigration attorney and Regional Center for proper updates related to the application status and any resultant action item.
- Respond Promptly: Always be ready to provide additional information or clarify any concern that may be raised by USCIS while processing the application.
?Consider the Exit Strategy:
- Return of Investment: While in most instances permanent residency is the objective; from the investors' perspective, it is extremely important to examine the feasibility of the investment that shall be undertaken, possible returns, and an exit strategy.
- Consular Interview: You will need an interview with a U.S. Embassy or Consulate; most probably, this might be needed in the case of applications from foreign soil. Answer general questions and provide all relevant documents, ready for the interview.
- Adjusting Status: If you are already in the United States, you will need to go to a local USCIS office for an interview. Be prepared to explain how your investment and requirements of the EB-5 application fit together.
The alien investor must meet the following requirements for eligibility for an EB-5 visa:
- Amount of Investment: The general requirement is usually a minimum investment of $1.8 million. However, if this investment is to be made in a Targeted Employment Area, a rural area, or an area of high unemployment, then the minimum investment should be $900,000.
- Job Creation: The investment shall be permitted to take place under conditions and to such an extent as it will create or conserve, no later than the end of two years after receipt of the chargé's written confirmation of the foreign investor's admission into the United States, at least 10 full-time equivalent qualifying jobs for U.S. workers.
- Lawful Source of Funds: The investor shall prove that the money he is to invest in the business is legally acquired; this should also include evidence pertaining to how the funds were acquired and also the track record of funds from the investor to the investment project.
- Management in the Business: The new commercial enterprise has to be directed by either managerial control or active policymaking by the investor.
In this regard, the EB-5 visa category provides the paramount opportunity for foreign investors to acquire permanent residency in the United States while investing in its economy. Careful attention to the requirements of the application process, with professional consultancy, will help investors go through the process of obtaining an EB-5 visa to live and work in the United States. Whether it's new business opportunities, the best education for your children, or a step forward in gaining U.S. citizenship, an EB-5 visa really is the key to a more excellent life awaiting you in America.
Choose Oasis Resource Management for the most hassle-free, fully integrated EB-5 visa application. Our professionals help in working out your vibrant dreams of American residency. Reach out to us today to get expert assistance to Start Your American Journey with Confidence.
