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EB-5 Investors Visa

If being a foreigner, you wish to immigrate and make an investment in United States business, then you need EB-5 visa for that. EB-5 immigrant investor program is administered by USCIS i.e. United States Citizenship and Immigration services. EB-5 visa which is also known as Employment Based Fifth Preference visa is an immigrant visa, states that EB-5 holder is permitted a green card. This visa also allows you to bring your spouse and unmarried children who are under 21 years of age with you. USCIS has improved the transparency in EB-5 visa which has dramatically raised the number of immigrants in recent years.

If you want to apply for EB-5 visa, then you can invest in Commercial Enterprise. Entrepreneurs can apply for Permanent residence of USA if they:

  • Make required investment in an enterprise in the United States.
  • And agree to create 10 full time jobs for qualified U.S workers.
  • Investment in the existing enterprise is made so that it results in the 40% increase in the net worth or number of employees.
  • Make investment in the existing business to reshape and rearranged it in such a way so that it results in a new venture.

Direct Jobs

Jobs which develop an employee-employer relationship.

Indirect Jobs

Jobs which are held outside the enterprise, but are a result of the new commercial business.

Requirements of Capital For Investment

The investor will have to prove that he or she is the owner of the money invested. The minimum amount required for investment is:

  • The minimum investment amount to qualify for EB-5 visa is $1 million in the United States.
  • The minimum amount to be invested in order to qualify in a targeted employment section in the U.S is $5000,000.

EB-5 Application Process

EB-5 visa application process has five main steps which are given below:

  • Firstly, locate the United States business enterprise where investors would like to invest in.
  • Secondly, make the investment in the selected enterprise and submit an I-526 request.
  • Thirdly, the investor would receive the condition PR of the United States after the approval of I-485 application and if he or she is already in the U.S then DS-230 application.
  • Lastly, the investor fills I-829 application after two years to show that he or she meets all the requirements. Once the I-829 application has been approved, the EB-5 applicants are given unconditional PR.

Permanent Residence of the United States

Once the investor is granted the EB-5 visa program by receiving I-829 application, the investors lawfully become the Permanent Residents of the U.S. They are also given a green card which allows them to live and work in the country permanently. They are allowed to travel with any visa and work here without any sponsorship from a U.S employer. It also grants, PR to their spouse and unmarried children.

Citizenship of the United States

After completing the EB-5 program, the investors get an opportunity to become the U.S citizens. But before that they must have been a PR for at least five years. The rights given to the U.S citizens are much more than that of Permanent Residents for example, they get voting rights and sponsoring family members.

Processing Time of EB-5 Visa

EB-5 visa is a long process which approximately takes one year or even longer than that.This time could be utilized in investing. In fact the investors have to wait till the pre-launch information accepts the subscribers.

  • The lawyer takes approximately one month for the preparation of application.
  • It takes 6 to 9 months for the review of I-526 Form. The regional Center Project takes Longer processing time. Once the form gets approved your funds will get released from the regional center's bond account.
  • You will have a consulate interview where you get results. After this stage you get a conditional green card of the United States, which is valid for 2 years.
  • Within the 21 or 24 months of getting conditional green card, you can apply for the removal of conditions from I-829. It would take approximately 9 months.
  • You can apply for the U.S citizenship after five years of receiving your conditional green card.
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