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If you wish to obtain permanent residency in the US, you need the Business Investor Visa USA.

The EB-5 Visa is a version of a golden visa in the United States. The holder of this visa can live, work, pursue higher education, or even retire in the country without feeling the need to find an employer. If you are willing to get an EB-5 Visa, you are required to make a significant investment in the United States. Thus, this visa is appropriate for affluent individuals having their eye on a Green Card or US citizenship.

About Business Investor Visa USA

Gaining a legal status to reside and work in the US is not a walk in the park. So to say neither is it a very exhausting task. All you need to do is to get acquainted with the process for obtaining a US Green Card. One of the finest routes to acquiring it is the EB-5 Business Investor Visa USA.

This visa opens the doorway to PR in the US for those individuals who are willing to make an investment in government-approved projects. Introduced by the United States Congress in 1990, the program targets EB-5 visa consultants to give a boost to the economy through capital investment and job creation. Foreign investors may possibly qualify for the EB-5 by investing through regional centers. It is the 5th preference of US employment-based visas.

Here are four different tiers of EB-5 visas:

  • C5 Visa: This tier is for investments outside target areas
  • T5 Visa: This tier is for investments in areas facing a higher unemployment rate
  • R5 Visa: This tier is for individuals participating in the Investor Pilot Program who are not engaged in target areas
  • I5 Visa: This tier is for participants of the Investor Pilot Program

Requirements for EB-5 Business Investor Visa USA

EB-5 Visa is an investor’s, Green Card. To apply for EB-5 Business Investor Visa USA, here are the requirements you must consider:

  • Must invest $1.05 million in a qualifying commercial enterprise
  • The investment made must prove beneficial for the US economy by providing goods or services to the domestic marketsA minimum investment of $800,000 in a TEA (Targeted Employment Area) needs to be
  • made with the assurance of creating no less than 10 full-time jobs in the country for its citizens for two years

Here is a list of things you do not require to apply for an EB-5 Business Investor Visa USA:

  • There is no need to have a job offer lined up or a labor certification
  • It is not compulsory to disclose your net worth
  • There is no need to be highly involved during the process, unlike E2 Treaty Investor Visa Program which requires you to run the business

Documents Required to apply for an EB-5 Business Investor Visa USA

Here is a list of documents you require to file for an EB-5 Business Investor Visa:

  • To begin with, file Form I-526, Immigrant Petition by alien investor
  • Once the form is approved, file DS-260, Applicant for Immigrant Visa and Alien Registration, with the U.S. Department of State for obtaining an EB-5 visa abroad.
  • File Form I-485, Application to Register Permanent Resident or Adjust Status, with USCIS for adjusting status to a provisional permanent resident within the US
  • In addition, you are required to submit evidence that you have made an investment in, or are actively in the process of investing in, a “for-profit” new commercial enterprise.
  • Demonstrate that you are, or will be, dealing with the new commercial enterprise
  • Submit proof that the new commercial enterprise will create no less than ten full-time positions for qualifying employees
  • Submit proof that the number of existing employees is, or will be, maintained at no less than the pre-investment level for no less than 2 years

Benefits of EB-5 Business Investor Visa USA

The following are some of the key benefits of the EB-5 Investment Route:

Access to Social Security

As you live and work in the United States, you pay taxes as well, and this makes you eligible for social security credits. Keep in mind that you need to work in the country for a decade to be able to qualify for these services. Furthermore, these benefits consist of retirement payments, disability benefits, and survivors’ benefits.

Access to Medicare

Once you have received your EB-5 Business Investor Visa USA, you obtain legal permanent resident status. Thus, you get access to Medicare in the US. However, it is intended for those individuals who are above 65 years of age with certain qualifying disabilities.

Permanent Status

After 2 years of keeping an eye on their investment in the EB-5 Business Investor Visa USA, the investors can apply for full permanent residency by filing the I-829 application. If it is approved, you, your spouse, and the children can stay and work in the United States permanently. In addition, you have the option to obtain US citizenship by investment.

Freedom to Live and Work Anywhere

While other types of visas, which allow you to live and work in the US have more stringent requirements as to where you choose to reside and work, and if you are unable to meet them you can lose your status, the EB-5 Visa Program provides numerous investors with a great opportunity to stay and work anywhere they want in the USA.

Access to World-Class Education System

Global children can enjoy the benefits of the world-class education system in the US through the EB-5 visa program. Also, you can attend colleges and universities at reduced tuition rates as available to residents of the United States.

Child Care Services

Obtaining an EB-5 Visa allows you to avail yourself of childcare services. Also, it makes you eligible for foster care and adoption assistance. For example, the Children’s Health Insurance Program (CHIP) is great for those children who do not qualify for Medicaid.

Investment Routes for EB-5 Program

Here are the investment routes you need to consider when applying for the EB-5 Business Investor Visa USA:

Investment through Regional Centers

The Regional Centers are economic development-promoting bodies that are attached to USCIS (short for United States Citizenship and Immigration Services). These centers target the economic stimulation in the TEAs by pooling the EB-5 investments.

Applicants for the EB-5 Investor Visa usually prefer making an investment through the Regional Centers. That is because their top priority is to immigrate to the United States than gain profit from the investment.

Direct Investment

This option requires you to establish your own business in the country or acquire an already existing company. You are required to create no less than 10 direct jobs for US citizens. Since this type of investment is made outside the TEAs where investment is much needed as well as encouraged, the required minimum amount to be invested is pretty higher.

How to Apply for an EB-5 Business Investor Visa USA?

Once you have settled your investment, the process of applying for an EB-5 Visa is mentioned below:

  • Apply to the USCIS using Form I-526. It is basically the application form for an Investment Visa. The USCIS may possibly update the address to which you should submit the form. Make sure you check their website.
  • The USCIS evaluates the application and then sends it to the NVC (National Visa Center)
  • The NVC gets in touch with you asking for relevant fee payment and submission of the required documents. They will inform you how and where to pay the fee.
  • Now you apply for an immigrant visa and appear for an interview at the US Embassy. The NVC will inform you when and where the interview will take place, and what documents you are required to bring.
  • If everything goes appropriately, the Embassy of the United States issues your Immigrant Investor Visa (i.e. the 2-year Green Card).
  • If you are already in the US, you have to file for adjustment of status (Form I-485) with the USCIS before applying at the US Embassy.

The United States of America remains one of the most desired destinations when it comes to making an investment. The US EB-5 Immigrant Investor Program offers a highly effective route to obtaining permanent residency (a Green Card) in a comparatively short period of time.

A minimum investment requirement of $1 million is required for an EB-5 Visa. However, if the investment is made in a Targeted Employment Area, which refers to rural or high-unemployment areas, the minimum is lowered to $500,000. U.S. Citizenship and Immigration Services (USCIS) determines TEAs, and generally speaking, these are areas outside major metropolitan regions. Additionally, it must be proven that there is a risk to such an investment and that it is not a passive contribution nor one based on a loan.

A successful candidate for an EB-5 Visa must:

  • Invest at least $1 million (or $500,000 in a TEA).
  • Make an investment in a new commercial enterprise. Investment possibilities include launching a new business; purchasing and reviving an existing business; or investing by means of a Regional Center.
  • Create or preserve at least 10 full-time jobs for qualified U.S. workers.
  • Show that the investment funds were lawfully obtained, and provide evidence on the origin of the funds.
  • Be involved in the management or control of the business, depending on whether the investment is direct or through a Regional Center.
  • Pass all background checks, which includes security and criminal background checks.

Yes, one of the major benefits of the EB-5 program is the ability to include immediate family members in your Green Card application. This includes your spouse and unmarried children under the age of 21. Once your EB-5 application is approved, your family members will also be granted conditional permanent residency, which can be converted to full permanent residency once the job creation requirements are met.

 

The EB-5 Visa establishes that the investment should be placed into a new commercial enterprise. This can be in the form of establishing a new business, purchasing an existing business, or investing in a Regional Center project. The business should be for-profit and should have the potential to create the required number of jobs. General areas of investment for EB-5 are real estate projects, hospitality, infrastructure development, manufacturing, and technology ventures. The business must also be able to show that it will have a direct impact on creating jobs for people in the United States.

 

The processing time for an EB-5 application varies, but generally, it takes about 18 to 24 months to get the decision on the initial application. This involves a long review of the investment and job creation criteria. Applicants who opt to invest through a USCIS-approved Regional Center may see relatively shorter processing times, because the projects may already be pre-approved and the job creation evidence is generally easier. After issuance, the investor and the alien family members will be issued with a conditional Green Card that lasts for two years, following which they should apply to have conditions removed to seek permanent residency.

Yes, after getting the EB-5 Visa, you and all of your family members are granted full permission to be, work, and study wherever you like in the U.S. It is very liberating since the visa is employment and job type non denominational. You can start your own business, work for whoever you prefer as an employee, or even be self-employed.

One of the primary demands of this EB-5 visa program is that investment must result in creating or preserving at least 10 full-time jobs for U.S. workers. Failure to meet this provision within two years may result in the conditional Green Card from the investor being withdrawn. Still, there are exceptions, like where the investor can prove they indeed made a good faith effort to meet the job creation criteria. All of these, however, are the advantages of investors who invested through a Regional Center by being more flexible in proving that they have fulfilled the job creation requirements through indirect or induced job creation.

A Regional Center is an organization approved by the U.S. government that pools EB-5 investments from many investors into large projects, often involving real estate, infrastructure, or other job-creating industries. The advantage of investing through a Regional Center is that it can make the process much easier for an investor, because a lot of the details of the business’s operations and job creation are already taken care of by the center. For many investors, especially those who are new to managing businesses in the U.S., this is certainly the most attractive option. Investment made through a Regional Center does not require the investor to be involved in the day-to-day management of the business.

You can borrow funds to make an EB-5 investment provided that the loan is secured by your assets and you have control over such funds. It should be remembered that the source of funds for the loan should be legitimate and properly documented. The borrower must show that they have the ability to repay the loan and that the funds used in the investment are from legitimate, traceable sources. USCIS will need documentation of the source of funds, including loan terms and a repayment plan, and may require a history of the assets used to secure a loan.