The EB-5 visa grants permanent residency in the United States to persons who invest in government-approved enterprises across the country.
The USA EB5 investment visa can be advantageous since it provides access to the American school system, the opportunity to live, retire, work, and study in the United States, the ability to receive investment back upon project completion, and residency for the investor, any children (under 21), and their spouse.
The primary applicant must spend six months of the year in the United States.
E2 Investor Visa for Foreign investors
Certain countries, including China, India, and Vietnam, are now facing lengthy retrogression delays due to EB5. The E2 visa is a viable alternative to the EB5.
The investment must be “substantial,” however it is usually far less than the EB5. Citizens of nations with E2 treaties with the United States are the only ones who can receive the E2. This covers places like Grenada and Turkey.
Investment in these nations for citizenship permits the bearer to seek for an E2 visa after residing in the treaty country for a minimum of three years. In some situations, the E2 route to residency is speedier and less expensive than the EB5, but it is a non-immigrant visa, which means that, unlike the EB5, it does not lead to a Green Card.
E2 Visa Treaty Countries
The E2 visa is still a viable alternative to the EB5 visa and can be obtained in two steps: first getting citizenship in an E2 treaty country, then residing in that country for three years before applying for an E2 visa through investment in the United States.
For countries suffering retrogression (usually China, India, and Vietnam), the timeframe can be shorter than the EB5 route, and the investment is normally under $500,000, which covers both the second citizenship and the US residency.
It is important to note that this route is no longer so quick, since the United States changed the requirements of a CBI passport (now you need to live there for at least 3 years first before beginning the US visa application process).
Regional Centers & EB-5 Visa
President Biden signed a new Regional Center Program for EB5 into law on March 15, 2022. The initiative will run for more than five years, through September 2027.
USCIS is reviewing the new legislation, and we hope to receive guidelines and, more crucially, fresh EB5 Regional Center investments for clients by mid-2022. The EB5 investment will begin at $800,000.
As with the previous Regional Centre Program, proof of legal acquisition of funds is required, as is the investment being “at risk” and the investor having no prior criminal record.
The ability to pool a number of applications into an infrastructure or real estate project allowed investors to take a passive investment while the Regional Centre managed the essential requirements such as job creation.
Immigrant Visas
Neither the EB5 nor the E2 are citizenship by investment programs. After five years of Permanent Residency, individuals who obtained a Green Card through the EB5 method can apply for US citizenship. Naturalization is a process.
Green Card Advantages for Investors
The investor Green Card, often known as the EB-5 visa, is a subtype of the employment-based Green Card. However, when compared to other work visas, the Green Card through investment provides some significant advantages:
- Applicants are not required to be sponsored by an American company.
- No advanced education or exceptional skills are required.
- There is no need for a Labor Certification. (This certification is required in other employment-based Green Card categories to demonstrate that the applicant is not displacing equally competent American workers.)
- Unlike other immigration categories, there are no long waiting periods or quota restrictions.
- Spouses and children under the age of 21 will be granted Green Cards along with the applicant.
- As a Green Card holder, you can apply for permanent residency in the United States after five years.
Green Card requirements for investors
While the investor Green Card has many benefits, it also has a slew of requirements. Applicants must submit sufficient documents and deal with a highly difficult legal subject. To be eligible for an EB-5 visa, you must:
- Invest $1.05 million (or $800,000 in designated employment regions)
- Present a business plan outlining how your investment will help US economic growth
- Create or retain at least ten full-time jobs for American employees
- Invest in a new firm (formed after November 29th, 1990) or purchase and reorganize an existing business
- Take an active part in your company
- Demonstrate that your investment capital was not obtained illegally
Procedures and time period for obtaining US residency through investment
Applications for the program must be submitted on the approved forms, along with the appropriate fees and supporting documentation. In addition to the standard personal documents, the applicant must provide medical reports, vaccination records, certified police clearance certificates, and any court records.
Applicants often acquire their initial conditional green cards between 24 to 48 months. Two years later, the application to change the conditional green card to a regular green card is filed.
Investors’ wives and unmarried children under the age of 21 may apply for green cards as derivative applicants, with no additional financial contributions required, but must submit their own papers.
Permanent residents can settle anywhere in the United States, although their visa-free or visa-on-arrival access is limited in comparison to other countries.
Green card holders must have lived continuously in the United States for at least five years prior to naturalization to be eligible for citizenship. They must also demonstrate that they have been physically present in the United States for at least 30 months out of the five years preceding their application for citizenship and that they can read, write, and speak basic English. Other than a civics test, there are few other requirements for obtaining citizenship.
