EB-5 Visa - Investment Visa for USA

EB 5 Program - US Investor Visa

EB-5 is an investor visa to the United States which allows investors to immigrate to the US. This type of visa is administered by the US Citizenship and Immigration Services (USCIS.gov) and distributes 10,000 Green Cards yearly. A majority of these investors immigrate from India, China, Vietnam, and South Korea.
The program not only benefits the country’s economy but the foreign investors as well. With the program, the U.S economy generates money, creates employment, and improves local economy.
​Foreign investors are given the chance to move to the U.S for school, work or to connect with family already living in the USA.

EB 5 Requirements

To avail the EB-5 visa program, you must have meet the following requirements:

1. Have the necessary investment in a commercial enterprise.
2. Have an investment of at least $500,00 to $1 million.*
3. You plan to create permanent full time jobs to at least 10 qualified U.S workers.

*The direct EB5 investments need a minimum of $1 million while EB 5 regional centers typically require a minimum of $500,000.

Investor Visa USA - EB 5 Program for India

For the EB 5 US investment visa application to be successful, you need to entrust the application process to professionals and consultants that knows the ins and outs of your finances, investments and the law. There are a lot of factors that you need to understand when you apply for the program and doing it on your own will just make things a lot complication.

EB5 contains two sides - the investment side and the immigration side. For your application to be successful, you need to make sure that both of these sides go hand-in-hand with each other. Once you've successfully covered both sides, you can submit an I-526 immigrant petition by Alien Entrepreneur.

You can fund the application from your own money or have it funded via a loan or gift funds. Should you prefer to use a loan, make sure that it is a secured loan. Gift funds, on the other hand, are the money given by your friends, colleagues, relatives and family members with no obligation whatsoever. It can also be a gift from a parent to the son or daughter who is attending college or graduating from school. They can pass a temporary work visa just like the Optional Practical Training or HB-1, but they should show no interest in going back to the home country.

The average processing time for an I-526 application can be between 16 to 18 months. Once approved, the investor will have the option to adjust the status and obtain a conditional green card especially if they are physically and legally present in the country. It is also possible to go through the consular processing in his home country and get the conditional Green Card once he arrives in the USA.

A conditional Green Card is no different from a permanent Green Card in terms of rights and privileges. It has the same rights and privileges to an investor and the same rights of a U.S citizen. The only difference is the validity period.

An immigrant can transfer and work anywhere in the country and go back to his country visa-free. His family will be given the privilege to attend school, start a business and settle in the U.S soil.
WIth a temporary Green Card, the validity is only two years. The investor will have to get and present the documents to prove that they are able to create the required minimum of 10 full-time jobs before the Green Card expires.

​The lawyer will then file an I-829 Petition by Entrepreneur to Remove Conditions on Permanent Resident Status. Once approved, the investor and his family will be able to obtain permanent green cards. This process could take from 18 to 28 months.

Remember that when the petition is on-going, the investor's Green Card status will be extended and it will have no effect on the legal status in the country.
Non-Chinese investors will benefits from I-820 Green Card that can last for 5 to 6 years.
You will not be able to apply for the I-526 unless you've made an EB5 investment, especially when you choose the Regional Center approach. The Center will only issue the packet once the investment has been made.
To obtain your permanent green card, you'll have to wait for 1 to 2 years.

Investor Visa Program Benefits for Indians

To get a permanent residency in the U.S, consider the EB5 Investor Program. Through this program, the investor can live, work and retire on any place in the country, his or her children can attend college at the same place the US citizen attends and many other benefits of a U.S citizen.

There is also a privilege of being able to work in the United States even without a visa. After 5 years, the investor is able to meet the necessary requirements and conditions, they can apply for U.S citizenship.

Through the Investor Visa Program, the investor needs to invest $500,000 in a Regional Center. To meet the minimum requirements, simply start a business or get funds from various sources.

When everything is settled and the investor is able to earn a Green Card and be a U.S citizen, he has the option to sponsor family members. This process could take about 10 to 15 years and it depends on the availability of the bist. Parents can benefit from sponsorship as parents with a Green Card status can sponsor their children for just 6 months to 1 year.

Other benefits include:
  • Live and work anywhere in the U.S
  • No visa sponsor requirements
  • No need for H1B work visa to be employed.

  • In the event of a political change in his/her home country, the investor and his/her family can gain entry to the U.S without delay.

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