USA EB5

The EB-5 Visa for the United States, also known as the Immigrant Investor Program, offers a pathway to U.S. residency for foreign investors who contribute to economic growth by creating jobs and investing in the U.S. economy.

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Overview of the EB-5 Visa

The EB-5 Visa program was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. It allows investors and their immediate family members (spouse and unmarried children under 21) to apply for a green card (permanent residence) if they:

• 1. Make the necessary investment in a commercial enterprise in the United States; and
• 2. Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

Investment Requirements

1. Minimum Investment Amounts:

• $1,050,000 for standard investments.
• $800,000 for investments in Targeted Employment Areas (TEAs), which are either rural areas or areas with high unemployment.

2. Commercial Enterprise:

The investment must be made in a for-profit commercial enterprise operational for profit-making, including but not limited to a sole proprietorship, partnership, holding company, joint venture, corporation, business trust, or other entity.

3. Job Creation:

The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the United States as a Conditional Permanent Resident.

Application Procedure

Step 1: Find a Suitable EB-5 Project

Investors must select a qualifying EB-5 project, either by investing directly in a new or existing business or through a Regional Center, which pools investments for larger projects.

Step 2: Invest Capital

Invest the required capital amount in the chosen project. The funds must be at risk for the purpose of generating a return on the capital placed at risk.

Step 3: File Form I-526, Immigrant Petition by Alien Investor

Submit Form I-526 to USCIS along with evidence of the investment and job creation plan. The documentation should prove that the investment meets all EB-5 requirements.

Step 4: Apply for Conditional Permanent Residency

Once the I-526 petition is approved, investors living outside the U.S. must go through consular processing to obtain their visa. Those already in the U.S. can apply for a change of status to conditional permanent resident by filing Form I-485.

Step 5: File Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status

Within 90 days before the second anniversary of receiving conditional permanent residency, investors must file Form I-829 to demonstrate that the investment has been made and the job creation requirements have been met.

Step 6: Obtain Permanent Green Card

Upon approval of the I-829 petition, the conditions are removed from the green card, granting permanent residency to the investor and their immediate family members.

Additional Considerations

• Due Diligence: Conduct thorough due diligence on potential EB-5 projects to assess risks and the likelihood of meeting the EB-5 program’s requirements.
• Legal Assistance: It is highly recommended to seek assistance from experienced immigration attorneys who specialize in EB-5 visas to navigate the complex application process and ensure compliance with all legal requirements.

Conclusion

The EB-5 Visa offers a valuable opportunity for foreign investors to gain U.S. residency by contributing to the American economy. While the process involves significant investment and stringent requirements, successful applicants can secure a future in the U.S. for themselves and their families. Due diligence, careful planning, and expert legal guidance are key to achieving a successful EB-5 visa application.

FREQUENTLY ASKED QUESTIONS (“FAQ”) IN RELATION TO EB-5 AMERICAN RESIDENCY BY INVESTMENT PROGRAMME

Why choose United States of America?

USA is a safe and stable country. Country’s approach is traditionally very hospitable, tolerant and welcoming manner to foreigners. Dual Citizenships is allowed in the amazing country to apply the citizenship programme. Not to mention it is the most powerful country in the world when it comes the economy.

Are there any vaccine requirements to go to United States of America?

Unfortunately, there are some vaccine requirements in accordance with the US Immigration Law. However, the type of vaccines vary year by year due to the majority of viruses in the world.

Do I have to travel to USA to start the Residency procedures?

Yes, an EB-5 investor cannot reside out of the States for more than one year without acquiring a reentry permit or returning resident visa. Otherwise, permanent residency cannot be obtained.

What are the visa-free travel opportunities for citizens of USA?

The American passport owners have opportunities of Visa Free Travel to over 180 countries, including Hong Kong, US, United Kingdom, Switzerland and EU Countries.

Is USA a tax haven for investors who consider applying for EB-5 Programme?

Though it is hard to mention US as a tax haven, one must bear in mind that there are many advantageous tax policies and business opportunities for investors, who are looking for a country with minimal tax payments options. USA puts great effort in order to attract business people all around the world, therefore it will not be a big burden to minimize tax payments within US while operating a business.

Is there any official legislation which regulates the EB-5 Residency Programme?

Yes. Immigration Act of 1990 is the main legal text as per EB-5 Programme, which presents several options for investors in order for them to become “Lawful Permanent Residents” of United States of America.

Do you offer real estate options from USA?

Yes. We offer approved projects suitable to proceed for American Citizenship by Investment and American Residency programs.

Is American Citizenship acquired/valid for life?

Yes, once the citizenship is acquired, it becomes a permanent citizenship for life for you and the citizenship could also be passed to your future generations.

Can we change our names after obtaining American citizenship?

Yes, but the applicant may only apply for the change of name after the citizenship is acquired, prior to naturalization by submitting an additional request on N-400.

How many family members can apply for residency along with the Main Applicant?

EB-5 visa is an investment-based immigrant visa. Along with the main applicant spouse and unmarried dependent children under 21 years old may also apply. And after 5 years fulfilling all the above mentioned requirements, whole family can acquire American Citizenship.

Is there any language requirement to apply for American Residency?

Yes, reading, writing and speaking English, and knowing the history and government of U.S. is required.

Once American Citizenship is acquired, in the case that the applicant will not stay in USA, what will be main applicant’s tax liabilities in USA?

USA tax system is different than all other countries; even the citizens reside out of states and have income through their businesses abroad, they still have to pay taxes to USA.