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US EB-5 Visa Immigrant Investor Program: A Comprehensive Insight

Also, well known as US EB-5 Visa or EB-5 Immigrant Investor Program is administered by the United States Citizenship and Immigration Services (USCIS). USCIS facilitates foreign investors who are interested to secure lawful permanent residency in the US along with their spouses and unmarried children under the age of 21 years. The US EB-Visa Investors are also popularly known as Green Card Holders.

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What is the eligibility criteria of US EB-5 Visa Immigrant Investor Program?

1. Invest in a Commercial Enterprise in the US:

For the US EB-5 Visa, an investor needs to channel the requisite capital into a commercial enterprise operating in the United States that was established after 29th Nov 1990. The US EB-5 investment needs to be utilised for the ongoing conduct of the lawful business in the United States that contributes to the enterprise’s growth and stability.

2. Job Creation:

The investment done by the US EB-5 Visa Investor must be utilised in a commercial enterprise that will be generating full time employment for at least 10 qualifying employees. The new commercial enterprise or its wholly owned subsidiaries, which is not located within a regional center, must itself be the employer of the qualifying employees. The new commercial enterprise or its wholly owned subsidiaries, which is located within a regional center can create the full time jobs directly or indirectly. Up to 90% job creations may be met using indirect jobs.

3. Capital Investment Requirement:

Capital investment will be valued at fair market value in US dollars and has to be in cash, all real, personal or mixed tangible assets owned and controlled by the US EB-5 visa immigrant investor. US EB-5 visa Immigrant Investors need to submit the proof that they are the legal owner of the capital invested. On or after 15th March, 2022, the minimum investment amount to be invested has to be USD $ 1,050,000 or at the targeted employment area, it has to be USD $ 800,000 (which includes infrastructure projects). The targeted employment area can be either a rural area or an area that has experienced high unemployment (which is defined as at least 150% of the national average unemployment area.) .

4. US EB-5 Visa Set Aside:

Each fiscal year, a certain percentage of visas are set aside for qualified EB-5 immigrant investors depending upon the area they are investing in. In the rural area, it is 20%. In high unemployment areas, it is 10% and in infrastructure projects, it is 2%. Any of the set aside US EB-5 visas that are not utilised in the same set-aside category till the second fiscal year are released to the unreserved US EB-5 visa numbers during the third fiscal year.

What are the benefits of the US EB-5 Visa Immigrant Investor Program?

US EB-5 Visa

1. Gateway to the Green Card

Needless to mention that the US EB-5 Visa Immigrant Investor Program is a pathway to US permanent residency. The foreign investor’s spouse and unmarried children under 21 years of age are also eligible to secure Green Cards, allowing them the benefits of living, working and studying anywhere in the US.

2. Investment Flexibility

The Regional Center Program offers the investors with diverse avenues for a return on capital investment. The best part is that the EB-5 visa investors can opt for ventures that are directly aligned with their interests or projects that are promising them higher returns.

3. Economic Prosperity

The investments done by the investor not only get the benefits of investing in the business opportunity, but also get a return on the investments they are looking for.

4. No sponsor required

Unlike other visa programs, the applicants do not need an employment offer or family sponsor in the US. The only requirement is that the applicant needs to be associated with a Regional Center that has a proven track record in order to ensure the success of approval by the US Embassy.

5. Indirect job creation is counted

Investment done by the investor must be utilised for generating employment for at least 10 qualifying employees. The US EB-5 visa program counts direct and indirect job creations, making the criteria more attainable for the US EB-5 visa investors. 

Application Process for US EB-5 Visa with Immigrans Global

1. Initial Consultation

Start by scheduling an initial consultation with Immigrans Global to discuss your investment goals and eligibility. During this consultation, our experienced advisors will assist you with your eligibility and information on the US EB-5 Regional Centres that could be of your interest.

2. Investment Planning

Our team will work closely with you to develop a comprehensive investment plan aligned with the requirements of the EB-5 Visa programme. We'll help you explore suitable investment opportunities, conduct due diligence on potential projects, and identify the most suitable investment option based on your preferences and objectives.

3. Documentation Preparation

Gather all the necessary documentation required for your application, including proof of investment funds, source of funds documentation, identification documents, and any other supporting paperwork. Our team will assist you with the Solicitors who will review your documents to ensure they meet the requirements of the US Citizenship and Immigration Services (USCIS) and provide guidance on any additional documentation needed.

4. Due Diligence and Project Selection

We will assist you with a thorough information on the selected EB-5 visa investment project to assess its viability, credibility, and compliance with the programme requirements. Immigrans Global works with reputable regional centres and project developers to ensure that investors have access to high-quality investment opportunities that meet the job creation and economic development criteria of the US EB-5 programme. We will also assist you with the Solicitors who will conduct a thorough due diligence before proceeding ahead.

5. Submission of Form I-526:

Our team will work in conjunction with your team of Solicitors in order to prepare and submit Form I-526 to the USCIS that is required to be submitted along with all required documentation and investment funds. Our team will review the documents and assist you in completing the form accurately, compiling supporting evidence and submitting the application to the USCIS for processing.

6. Conditional Green Card Approval

Upon approval of Form I-526, investors and their eligible family members (spouse and unmarried children under 21) will be issued conditional green cards, granting them conditional permanent residency in the United States. Our team will guide you through the next steps, including preparing for consular processing (for applicants residing abroad) or adjustment of status (for applicants already in the US).

7. Investment Implementation

Make the required investment in the chosen EB-5 visa project within the designated timeframe, as outlined in the business plan and offering documents. Our team will liaise with project developers and regional centres to ensure that your investment funds are deployed according to the terms of the investment agreement and that all job creation requirements are met.

8. Filing form I-829

After the two-year conditional residency period, investors must file Form I-829 i.e., Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, to remove the conditions on their green cards and obtain unconditional permanent residency. Our team will work in conjunction with the team of solicitors who will be assisting you in the process of preparing and filing Form I-829, gathering the required documentation, and responding to any requests for evidence from the USCIS.

9. Permanent Residency Approval

Upon approval of Form I-829, investors and their family members will receive unconditional permanent residency in the United States, granting them the right to live, work, and study anywhere in the country without any restrictions. ImmigransGlobal will provide guidance on next steps, including exploring options for naturalisation and US citizenship, if desired.

Limitations of US EB-5 Visa Immigrant Investor Program

1. Risk of Loss:

Like any other investment, there is no guarantee of return on investment on any US EB-5 visa immigrant investor program. Some of the projects may fail leading to a loss of the investor’s capital. 

2. Long Wait Times:

The approval along with the process of application can be lengthy specially if there are retrogressions in the visa bulletin for certain countries. The changing rules and requirements could also lead to delay in processing the US EB-5 visa programs.

3. Job Creation:

Investor’s project must generate at least 10 full time jobs which might be challenging in some cases.

4. Limited No of EB-5 Visas

There is an annual cap on the number of the US EB-5 visas issued. High demand can lead to extended waiting periods for some applicants, especially from countries with a higher number of applicants.

5. Potential for fraud

There have been instances of fraud in the US EB-5 visa sector, with some of the regional centers or projects misleading the investors.

US EB-5 Visa Immigrant Investor Program - Pathway to Green Card

In summary, the US EB-5 visa Immigrant Investor Program has successfully brought together the goals of foreign investors and the economic interests of the United States. Investors and their families are moving to the US to settle down, take advantage of opportunities and have a good quality of life. In return, the US Projects are rewarded with the infusion of foreign funds, ultimately leading to job creation for the US locals. The US EB-5 visa is a unique initiative that helps build global partnerships and strengthen local economies. This shows how working together and growing together can result in everyone being successful.

Reasons why you should choose Immigrans Global for EB-5 Immigrant Investor Program?

  1. In-depth Information: Comprehensive understanding of the perplexing the US EB-5 visa scene.
  2. Committed Group: Our team is connected with the experts specializing in movement and the EB-5 ventures.
  3. Moral Hones: Prioritizes the client’s security and guarantees straightforward operations.
  4. Personalized Direction: Our Custom-tailored methodologies and step-by-step directions for each candidate offers personalised direction to the US EB-5 Investors.
  5. Connection with Best Ventures: Associations with trustworthy territorial regional centers.
  6. Persistent Overhauls: Keeps the clients educated with all the administrative changes and program alterations.

By partnering with Immigrans Global for your application, you can benefit from our expertise, personalised guidance, and comprehensive support services to navigate the complex immigration process with confidence and peace of mind. Let us help you realise your dreams of securing a brighter future for yourself and your family in the United States.

Frequently Asked Questions on
US EB-5 Visa Immigrant Investor Program

1. What is an EB-5 visa?

The US EB-5 Visa is a United States visa program that provides a pathway to U.S. permanent residency (Green Card) for foreign investors who make substantial investments in American businesses and create or preserve at least 10 full-time jobs.

2. What are the requirements for the US EB-5 visa?

The US EB-5 Visa requires a minimum investment of USD $ 1,050,000 (USD $ 800,000 in targeted employment areas, which includes infrastructure projects, rural areas or areas with high unemployment), the creation of at least 10 full-time jobs and investment in a new commercial enterprise.US

3. What is the processing time for the US EB-5 visa?

The processing time for the US EB-5 Visa can vary, typically ranging from 12 to 18 months, but it may take longer depending on the specific case and current USCIS processing times.

4. What is the investment amount required for the US EB-5 visa?

The EB-5 Visa requires a minimum investment of USD $ 1,050,000 (USD $ 800,000 in targeted employment areas, which includes infrastructure projects, rural areas or areas with high unemployment.

5. What is the return of investment on the US EB-5 visa Programs?

Each regional centres offer interest or return on the principal amount of the investment and the principal and interest or return are repaid upon successful completion and repayment by the project.

6. When is the principal amount paid by the US EB-5 visa investment projects?

Principal amount is repaid to the investor upon successful completion and repayment by the project.

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