Is a popular option for foreign investors who are looking to live and work in the United States. This program was created by the U.S. government to encourage foreign investment in the country and to create jobs for American workers.
In exchange for their investment, foreign investors can receive a Green Card, which gives them permanent residency in the United States.
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Is a popular option for foreign investors who are looking to live and work in the United States. This program was created by the U.S. government to encourage foreign investment in the country and to create jobs for American workers.
In exchange for their investment, foreign investors can receive a Green Card, which gives them permanent residency in the United States.
The EB-5 visa allows eligible investors to become permanent residents of the United States. They can become Green Card holders by investing substantial capital to finance a U.S. business. There are numerous EB-5 visa requirements we will review in depth.
On March 15, President Biden signed an EB-5 Reform and Integrity Act of 2022 that includes an EB-5 Regional Immigrant Investor Center Program authorization and several effective implementation dates for the program.
This program will be effective until September 30, 2027.
The EB-5 program is very popular because it provides a direct path to permanent residency and U.S citizenship.
Originally, this visa was created by Congress in 1990 to encourage foreign investment in the U.S., create jobs, and promote the growth of the U.S. economy.
It is a common misconception that this program means buying a Green Card, but in fact, it does not. Applicants must follow a rigorous process. In addition, there is a limit of only 10,000 visas available each year for these cases.
U.S. Citizenship and Immigration Services (USCIS) is responsible for administering the Immigrant Investor Program.
To apply for the EB-5 visa, foreign investors must first find a qualifying investment opportunity. This can be a new business or an existing one that is looking to expand.
The investment must be made in a legal and operational enterprise, and the investor must be actively involved in the management of the business.
Once the investment has been made, the foreign investor must file a petition with U.S. Citizenship and Immigration Services (USCIS). This petition must include evidence of the investment and proof that the investment will create jobs for U.S. workers.
If the petition is approved, the investor will receive a conditional Green Card, which is valid for two years.
During the two-year period, the foreign investor must prove that the investment has been successful and that the required jobs have been created.
If the conditions of the EB-5 visa are met, the investor’s Green Card will become permanent. With a permanent Green Card, the investor can live and work in the United States permanently and can apply for U.S. citizenship after five years.
Applicants for the EB-5 visa must follow these four basic steps to apply for the visa.
The first step is to find your investment in the United States. This can be done by searching for businesses near your place of residence. Or through other means of research such as immigration websites and guides available online.
Next, it is necessary for investors to put up money as a guarantee so that they have an incentive. Not only because this will help their chances later on. But also because if there is any claim filed against them after the application, at least a part would still belong to someone else (the bank). Finally, after going through all those exhausting processes, we get our final result: conditional permanent residency!
Third, applicants must obtain their conditional permanent residency. This allows them to move to the United States to oversee their investment for two years. Applicants are granted conditional permanent residency for two years. This is after their I-526 application is approved. If the investor is already in the United States by virtue of nonimmigrant status, or the DS-230 application, if the investor is outside the United States.
Finally, applicants must prove that they successfully meet the requirements of the EB-5 program by completing the I-829 application after those two years. EB-5 investors are granted unconditional permanent residence only after the I-829 application has been approved.
Step 1
The first step in obtaining an EB-5 visa is to choose a qualifying commercial enterprise. This can be a new commercial enterprise that was established after Nov. 29, 1990, or an existing business that has been reorganized or expanded to meet the requirements of the EB-5 program.
Step 2
The next step is to invest the required amount of capital into the chosen commercial enterprise. The minimum investment amount is $1.05 million, or $800,000 if the investment is made in a targeted employment area (TEA). The investment must be at-risk and actively managed by the investor.
Step 3
Once the investment has been made, filing Form I-526 with USCIS is necessary to prove that the investment meets the EB-5 program requirements, including job creation for US workers.
Step 4
If Form I-526 is approved, the next step is to obtain conditional permanent residency. This is typically done by filing Form I-485, Application to Register Permanent Residence or Adjust Status, or by consular processing if the investor is outside the U.S.
Step 5
The final step is filing Form I-829 with USCIS within 90 days before the second anniversary of conditional residency. The form should show that the enterprise is established, investment is made, and 10 full-time jobs created for US workers.
The EB-5 visa program has been successful in attracting foreign investment to the United States and has created thousands of jobs for American workers.
However, it is important for foreign investors to carefully consider the risks and benefits of the program before making an investment. A qualified immigration attorney can provide guidance and assist with the EB-5 visa application process.
Relatives of an L-1 visa holder may be eligible to accompany or join the L-1 visa holder in the United States under certain conditions.
Spouses and unmarried children under the age of 21 may accompany or join the L-1 visa holder in the United States.
These family members will be able to apply for an L-2 non-immigrant visa, which will allow them to study, work, and live freely in the United States. This visa is granted for the same duration as the L-1 visa holder.
For the spouses to work in the United States, they must apply for and obtain an Employment Authorization Document (EAD). To apply for a work permit, they must complete and submit Form I-765.
Along with this form, they must also submit recent passport-size photographs, copies of the L-1 visa holder’s passport and L-1 visa, as well as the USCIS approval letter or “Approval Notice.”
Children under the age of 21 do not need to apply for a permit to study in the United States. However, if they wish to work, they must apply for and obtain a work permit.
On the other hand, children over the age of 21 cannot be considered “companions” and must apply for their nonimmigrant visa if they wish to travel to the United States.
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