EB-5 allows investors to get the opportunity to become a Green Card holder on easier terms and become a U.S. citizen after 5 years. This is one of the most favorable options offered by the U.S. Citizenship and Immigration Services. The advantages of this immigration program are more than enough - many foreigners who have immigrated to the States have been able to make sure of it for almost three decades. The program has been modified and extended several times - check out its current terms and conditions below.
The EB-5 investor visa offers these benefits:
- No language, specialty, work experience, and education requirements for investors.
- A quick way to obtain permanent residence in the U.S. (in as little as 2 years).
- Obtaining an EB-5 visa is an easy way to US citizenship, especially for natives of CIS countries. No waiting lists, unlike Asian investors who have to wait for years due to quota shortages. There are no requirements to have relatives for naturalization purposes.
- For the investor and his family members, the tuition rates in the US are the same as for Native Americans. This allows significant savings on tuition fees.
- Obtaining an EB-5 visa guarantees access to visa-free travel to more than 180 countries around the world.
- Ability to include all close family members (up to 10 people) in the immigration application. Spouse, unmarried children until they reach the age of 21 will be able to move to the U.S. legally. All of them after 5 years of residence in the U.S. will be able to apply for citizenship.
- The main investor is not obliged to reside permanently in America and conduct all his business exclusively here. The main thing — with EB-5 visa every six months will need to return to the U.S., so as not to lose the residence permit.
- The right to live, study, and work legally.
EB-5 visa can be granted when investing in one of two options, both of which allow you to get a green card:
- Invest $500,000 or more in certified Regional Center projects located in outlying areas.
- Invest $1,000,000 or more in business projects (new or existing) in the rest of the United States.
What conditions must an investor fulfill in order for the EB-5 visa in the U.S. to remain in effect for the entire duration until citizenship can be applied for? Unlike other immigration programs, EB-5 has quite loyal requirements:
- You must employ 10 new full-time employees as part of a business project. Working family members will not be included in this number.
- The number of jobs must not be reduced below the established minimum, i.e., ten, over a two-year period. Employees must be paid at least the minimum (industry average) wage. They must be provided with 35 hours of employment per week for a minimum of two years.
Comment: If the option of investing through a regional center is chosen, then all questions regarding the fulfillment of the conditions with the employment of the required number of employees are removed from the investor. The regional centers take care of this condition.
The EB-5 program requires foreign investors to confirm that the investment was obtained legally. This can be done by providing supporting documents.
One of the conditions of the EB-5 program and obtaining a green card is the presence of entrepreneurial risk in the project. That is, the investor must take care that the projects cannot guarantee a 100% return on investment. This is governed by certain limitations on enforceability at the expense of the business itself. However, in the case of investment through regional centers, it is allowed to obtain collateral from the developer in the form of a pledge of the investment object or land under the building to be erected, including with the investor's funds under the EB-5 program.
Comment: Regional center projects with accreditation from the U.S. Immigration and Naturalization Service are considered the least risky for EB-5 visas. They can confirm that their projects have been pre-screened for program eligibility and approved by the agency.
An investor applying for the U.S. immigration program should consider the specifics of his project. If you purchase directly an apartment or other real estate object that has already been built (under construction), it will not be considered compliance with the program conditions. It is allowed to participate in the development project only through the involved and accredited registration center.
Russians can obtain an EB-5 visa in the United States within 9-12 months if all procedural points are met. The investor will be required to:
- To conclude an agreement with an agent who will help to collect documents and fill out the mandatory EB-5 questionnaire forms.
- Select an investment project and/or an accredited Regional Center.
- File a petition (I-526) in the region where the investment project will be implemented and wait for a favorable decision. You will then need to complete a visa application on Form I-485 and submit it through the U.S. immigration service or through a local mission (if the applicant is not in the U.S.).
- Before the two-year visa expires (90 days in advance), apply (I-829) for a Green Card.
- After five years, take the opportunity to apply for U.S. citizenship.
