The EB5 Visa Program is a unique pathway to obtaining a United States green card for qualified investors and their families. This program can lead to permanent residency by making a significant investment in the U.S. economy. While participating in the program, you will receive a conditional and permanent green card. Understanding the process for receiving an EB5 green card can make it easier to understand how the EB5 visa works.
Meet the Eligibility Requirements
Before participating in the EB5 Visa Program, you must meet these eligibility requirements:
- Be able to meet the qualifying investment of $1,050,000 or $800,000 for a targeted employment area (TEA). You must be able to prove that your investment funds came from a lawful source.
- Create or preserve ten full-time jobs for U.S. workers. You must meet this requirement within two years of being admitted to the U.S. as a permanent resident. If you are investing with a regional center, these jobs can be direct, indirect, or induced. If you are making a direct investment as a standalone investor, only direct jobs can count toward this requirement.
- Be legally allowed to enter the U.S. as an immigrant.
Choose an EB5 Project
Before choosing an EB5 project, decide whether you want to make a direct investment or invest with a regional center. Regional centers often offer larger projects because of their ability to pool investments from multiple investors. They also make it easier to meet the job creation requirements because direct, indirect, and induced jobs are all counted towards your total. If you choose to invest in a regional center, you should conduct due diligence before choosing a center or project. Look for a regional center with a good track record, and choose a project that has solid viability and job creation predictions. This can give you the best chance at choosing a successful project.
Apply for Conditional Residency
After choosing a project, you can apply for conditional residency. You can do this by submitting an I-526 or I-526E petition. The form you file will depend on whether you are a standalone or regional center investor. You must provide multiple documents with this petition including investment, personal, and financial documentation. An immigration attorney can make sure this form is filed correctly to avoid any delays.
If your petition is approved, you, your spouse, and your unmarried children younger than 21 will receive a two-year conditional EB5 green card. You can move to the U.S. at this point. This green card also allows you to work and travel from the U.S.
Petition To Remove Conditions
Three months before your conditional green card is set to expire, you can submit the I-829 petition to remove the conditions on your green card. If you invested with a regional center, your regional center will provide evidence that your investment created or preserved ten full-time jobs. Upon approval, your green card will become permanent. You and your family can continue to enjoy the benefits that you experienced with your conditional green card. After five years, you can apply for citizenship. Citizenship comes with its own benefits, such as the right to vote, the ability to petition for family members to enter the U.S., and the right to hold a U.S. passport.
Get an EB5 Green Card Through the EB5 Visa Program
The EB5 Visa Program gives foreign investors an opportunity to get an EB5 green card. This can lead to permanent residency and, eventually, citizenship. The process involves multiple steps, which can be made easier by utilizing resources such as regional centers and immigration attorneys. By understanding the program requirements and navigating the EB5 visa process, you can gain permanent residency in the U.S.
