Guide To US EB5 Investor Visa

With a US passport, people can visit 184 nations and territories without a travel visa or with a visa on arrival. Created in 1990, the EB5 Immigrant Investor Program, often known as the USA Golden Visa, aims to encourage foreign investment to boost economic growth in the United States. It provides qualified immigrant investors and business owners with an opportunity to get green cards or become lawful permanent residents.

EB5 Investor Visa Eligibility for the United States

To qualify for an EB5 visa, you have to finance a business that employs ten or more Americans with an investment of at least $800,000 in a Targeted Employment Area (TEA).
The choice of investing directly or through regional centers (RC) is entirely yours. These regional centers assist foreign investors in establishing connections with developers who need capital to launch their ventures.

Benefits of the EB5 Investor Visa in the USA

1. The US EB5 investment visa offers numerous benefits to you and your family. Once your petition is approved, your spouse and children under 21 years can also apply for the immigrant visa.
2. You have the right to live, retire, work, and study anywhere in the country and get access to the US education system.
3. To qualify for social security services, you have to work in the U.S. for a minimum of 10 years. These benefits include retirement payments, disability benefits, and survivors’ benefits. You can apply for a Social Security Number (SSN) once you get the EB5 visa.
4. Access to Medicare is intended for people over the age of 65 or people with disabilities. You must have paid Medicare taxes for at least 40 quarters.
5. The EB5 Investor Visa USA is a route to permanent residency. After two years, the investors can apply for full permanent residency by filing the I-829 application. You will also have to file income tax returns with the US Internal Revenue Service (IRS).
6. Children can enjoy the benefits of the US education system through the EB-5 visa program. They will have access to a world-class education system and attend colleges and universities at lower tuition rates.
7. You can benefit from childcare services, which makes you eligible for foster care and adoption assistance.
8. The EB5 Investor Visa applicants are their sponsors, without needing any American citizens or groups to sponsor them in their application process.
9. The EB5 investment can turn into a future monetary profit and provide an income for the investor.
10. The EB5 Visa Program provides investors the freedom to live and work without requiring a separate US B1 visa wherever they want in the United States.

US EB 5 Visa Requirements

The US visa requirements for an Investor Visa are

1. You have to decide which business to invest in.
2. The investment must meet the minimum capital requirement. $8,000,000 within a TEA or $1.05 million outside of one.
3. The business must generate ten new full-time jobs for two years. If you are not able to demonstrate new roles immediately, you should be able to demonstrate that at least ten full-time employees would be required.
4. You need to have obtained the funds for your investments lawfully.
5. The USCIS needs to authorize the investment.
6. The business you invest in has to be a recently founded (after 1990) commercial venture.

EB5 Investor Visa to USA Application Timeline

1. File an I-526 Petition. The estimated US EB 5 visa processing time is 35 months to 52.5 months. The EB5 processing timeline varies due to the country of birth of the applicant due to per-country limitations on the number of visas that may be granted in each fiscal year.
2. If you are applying from outside the USA – You have to file a DS-260 Immigrant Visa Electronic Application at the National Visa Center, and attend a visa interview at the local Consulate or Embassy. Upon entry, the foreign national will receive a conditional green card. This process takes approximately 9 to 12 months.
3. If you are applying in the USA – You have to file an I-485 form, which is an application to Register Permanent Residence. Once the application has been approved, you will receive a conditional green card. The process may take six to nine months.
4. 21 months after receiving their conditional green card, the foreign national is eligible to file a Form I-829. This is a petition to remove Conditions on Permanent Resident Status, and the process takes 33 to 54 months to complete. If the petition is approved, you will receive your unconditional green card.

Due Diligence For Investor Visa To The USA

Examining a possible EB5 investment through due diligence is the process of doing so before signing a contract. By carrying out EB5 Due Diligence, investors can become completely aware of the benefits and risks associated with a particular EB5 transaction.

US EB 5 Visa Cost

The total cost of the EB5 process includes the minimum investment amount of $800,000 for projects located in designated Targeted Employment Areas and $1,050,000 if located elsewhere.
Apart from the investment, investors should budget for an administration fee ranging from $40,000 to $100,000. Legal fees range from $15,000 to $25,000 and a USCIS filing fee of $3,675.

Recent Amendments To The EB5 visa

The EB5 policy was updated by USCIS in October 2023 as per the EB5 Reform and Integrity Act of 2022. According to the update, an EB5 investor can be reimbursed after two years as long as they continue to qualify for a US green card and create ten jobs.

Through the EB5 Investor Visa, foreign investors can settle in the United States. Applicants can obtain permanent residency for themselves and their families by making substantial investments in capital and generating employment. Examine the US business visa FAQ to learn more about US immigration laws.

Frequently Asked Questions (FAQs)

How much time does it take to get an EB5 visa?

From the time you file your application with the USCIS, the EB5 Visa application procedure takes about 13 months.

How Much Time Can I Spend in the United States on an EB5 Visa?

You will be first granted a conditional residency. This indicates that you can live, work, and study in the US for two years while the Green Card is valid. You can apply for a permanent residency (10-year Green Card), after two years.

Can an EB-5 Visa Allow Me to Live Anywhere in the United States?

You can live and work anywhere in the United States if you are granted an EB5 Visa. Living in the same state as the state in which you invested is not mandatory if you made your investment through a Regional Center.

Does an EB5 Visa Enable Me to Obtain US Citizenship?

Obtaining an EB5 Visa entitles you to citizenship in the United States. Before applying for citizenship, you must reside in the US for a minimum of seven years. After five years of holding “unconditional residency” status (the 10-year Green Card), you can qualify to become a citizen.

Can I Use an EB5 Visa to Get Access to American Healthcare?

Yes, you can go to the US for up to 90 days without a visa via the US Visa Waiver Program (VWP). This is useful if you want to look into possible investments before submitting an EB5 visa application. As an EB5 visa holder, you will be able to take advantage of healthcare in the United States.