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It is an exciting journey to embark from investment to residency through the EB-5 Visa program. An Investor Visa opens new possibilities and opportunities in the United States. Undoubtedly, you have given this much thought from the start with the goal of permanently living in the country. You can now fulfill your dreams and aspirations that lead you to become a U.S. investor.
Here, you will explore the critical stages of this journey, offering insights into what the Visa entails and the requirements for investment. Further, it will discuss the application process, the path to permanent residency, and the benefits that come with it.
What Is An EB-5 Visa Or Immigrant Investor Program?
An Investor Visa is a U.S. immigration program that provides a pathway for foreign capitalists to obtain lawful permanent residency. This program was created by the U.S. Congress in 1990. It aims to stimulate the economy through job creation and capital investment.
The program’s key feature requires individuals to invest capital in a new commercial enterprise. This investment must lead to the creation of jobs for U.S. workers. There are two primary investment thresholds:
- Standard Investment: The standard minimum investment amount is $1.8 million. It can be invested in any qualifying new commercial enterprise.
- TEA (Targeted Employment Area) Investment: If the direct investment is made in a place with high unemployment rates or is designated as rural, the minimum investment is reduced to $900,000.
Investors who successfully navigate this process meet the job creation requirements and fulfill other program criteria. They can eventually achieve permanent residency for themselves, their spouses, and their unmarried children under 21.
The program is an attractive option for individuals seeking to immigrate to the United States while making a substantial economic contribution. It benefits investors by providing a pathway to permanent residency, creating jobs, and fostering economic development.
What Are The Requirements & Qualifications?
Firstly, an individual must make a minimum capital investment in a new commercial enterprise to qualify. There are two types of investment: standard and Targeted Employment Area. These have different capital requirements. Aside from these, there are other factors to consider.
Job Creation Requirement
The investment should create a minimum of ten full-time jobs for qualifying U.S. workers. This target is within two years of the investor’s admission to the United States. The jobs must be direct, full-time positions with the commercial enterprise in which the investment was made.
Investment In A New Commercial Enterprise
The investment must be made in a new commercial enterprise. It can include creating an original business, purchasing an existing business, and restructuring, reorganizing, or expanding an existing one.
Lawful Source Of Funds
The investor must demonstrate that the funds come from a lawful source. This requires evidence of the legal origin of the capital used for the EB-5 investment. It can be saved-up income from legitimate employment or business.
Active Participation
The EB-5 program doesn’t require the investor to be involved in the day-to-day management of the business. However, they must play a role in policy formation or hold managerial responsibilities. It means they want to grow their business and contribute to the U.S. economy.
Job Preservation In A Troubled Business
Sometimes, investors may qualify by preserving jobs in a troubled business. It involves maintaining the number of existing employees at at least the pre-investment level for at least two years.
Regional Center Or Direct Investment
Investors can invest directly in a new commercial enterprise or through a USCIS-designated Regional Center. The latter refers to entities, organizations, or agencies that promote economic growth within a specific geographic area.
Navigating these requirements can be complex, and investors must seek guidance from experienced immigration attorneys. They can assist in ensuring that the investment aligns with program guidelines and helps with the overall application process.
How Can You Apply For An Investor Visa?
Applying for an EB-5 Investor Visa involves a structured process that needs careful attention to detail. Also, compliance with U.S. immigration regulations is necessary. Below is a step-by-step guide on how to apply for such a document.
Engage With An Immigration Attorney
Before initiating the application process, it’s advisable to consult with an experienced immigration attorney. Choose someone who focuses on this program. The team at Lozano Law Firm can guide you through the complexities. They can also help you understand the requirements and assist in preparing your application.
Conduct Due Diligence
Research and select a suitable investment opportunity. It could involve establishing a new enterprise, purchasing an existing business, or investing in a USCIS-designated Regional Center. Ensure that the investment aligns with EB-5 program criteria.
Immigrant Petition By Alien Entrepreneur
The initial step is filing Form I-526 with U.S. Citizenship and Immigration Services (USCIS). This form serves as the immigrant petition and establishes the basis for your eligibility in the EB-5 program. It includes information about your investment, the business plan, and documentation proving the lawful source of your investment funds.
Await USCIS Processing
After submitting Form I-526, USCIS will review your petition. This process may take several months, during which the USCIS may request additional documentation or information. Your immigration attorney can ensure you submit complete and accurate data to avoid delays.
Conditional Permanent Residency
Upon approval of Form I-526, investors and their qualifying family members (spouses and unmarried children under 21) can apply for conditional permanent residency. If they are already in the United States, they can do that by filing Form I-485 or through consular processing if they are outside the country.
File Removal Of Conditions
Within 90 days before the end of the two-year validity of your conditional Green Card, investors must file Form I-829 to remove the conditions on their permanent residency. You must prove that the capital was invested by this time and jobs were created as required.
Await USCIS Processing & Attain Permanent Residency
USCIS will review the evidence submitted with Form I-829. Once approved, the conditions on the investor’s permanent residency are removed. With the approval of Form I-829, investors and their families receive unconditional permanent resident status in the United States.
Investing in the United States is advantageous, and obtaining a Green Card can bring even more benefits. Consult with your immigration lawyer to learn about the advantages associated with permanent residency.
What Are The Benefits Of Permanent Residency?
Obtaining permanent residency in the United States through an Investor Visa has various benefits. These extend to the investor and their qualifying family members. Being a Green Card holder opens the way to other opportunities that a conditional residency status cannot offer.
Freedom & Flexibility
As a U.S. permanent resident, you can live and work anywhere in the United States. This flexibility helps you explore new opportunities and relocate based on personal or professional considerations. You can choose where to put your roots or expand your business to be more profitable.
Educational Opportunities
Permanent residency provides access to quality education in the United States. Residents and their qualifying family members can benefit from in-state tuition rates at colleges and universities, making education more affordable. As an entrepreneur, you can access business and management courses to streamline your processes.
Pathway To U.S. Citizenship
While not mandatory, permanent residency is often a stepping stone to U.S. citizenship. After maintaining permanent residency for a certain period, individuals may apply for naturalization and become U.S. citizens, gaining additional rights and privileges.
Property Ownership
Permanent residents can own property in the United States. This allows you to invest in real estate and build wealth through property ownership. Investors can make their wealth faster if they have diversification in the market.
Legal Protections
Permanent residents enjoy legal protections under U.S. law similar to those afforded to U.S. citizens. It includes constitutional rights and the ability to seek legal remedies in case of legal issues. Thus, being a permanent resident has legal implications for the business.
Travel Flexibility
Permanent residents are required to maintain a primary residence in the United States. However, they have the flexibility to travel outside the country for extended periods. It allows for international business activities or family visits without jeopardizing residency status.
Sponsor Family Members
Permanent residents can sponsor family members, including spouses and unmarried children, for immigration to the United States. Thus, they can unite with their family and relatives and fulfill their American dream.
Social & Cultural Integration
Permanent residency provides the opportunity for social and cultural integration into American society. It allows individuals and their families to participate fully in community life, contributing to the rich tapestry of the United States.
These benefits underscore the significance of obtaining permanent residency through an Investor Visa. EB-5 is an attractive option for individuals seeking a long-term commitment to living and thriving in the United States. Experienced immigration lawyers at Lozano Law Firm can assist in ensuring a smooth transition to permanent residency and help you maximize the benefits.
Summary
The Investor Visa journey is exciting and rewarding. It involves strategic direct investment, job creation requirements, and navigating immigration procedures. Lozano Law Firm is dedicated to providing comprehensive support to clients throughout this journey.
Work with an immigration attorney from the initial investment decision to attaining permanent residency. They ensure a smooth and successful Visa experience. Start your journey with confidence, knowing you have the support of a trusted legal partner.
