The EB5 visa is one of the fastest routes to obtaining a US green card. Established in 1990, the visa program allows investors to contribute to the US economy, which acts as a clear pathway to obtain permanent residency.
This visa program not only allows investors and their families to live the American dream but also enables them to contribute to the US economy and preserve jobs, and in return, they get to enjoy the benefits of US citizenship. If you want to know more about the 美国 EB5 and how to apply for the visa program, the following article is here to guide you.
An Overview of the EB5 Visa Program:
The EB5 visa was created through the Immigration Act of 1990 and is aimed at encouraging foreign investment and job creation. The goal of the visa program is to stimulate economic growth in the country by making the “green card” available to foreign investors who invest at least $800,000 into a commercial enterprise that creates a minimum of ten jobs in the US.
Upon fulfilling this criterion, the investor, their wives, and unmarried children who are below the age of 21 are given the opportunity to obtain permanent residency in the country.
What are the Eligibility Criteria for Application?
There are largely three eligibility criteria to apply for the EB5 visa:
- Investment:
The investment amount for EB5 is a minimum of $1,050,000. However, for targeted employment areas or TEA, which consist of areas that are experiencing high unemployment or are located in rural regions, the investment threshold is reduced to $800,000.
The U.S. Citizenship and Immigration Services (USCIS) designates the targeted employment area or TEA based on various economic factors, which is aimed at ensuring that economic development reaches all the corners of the country, especially those that are economically backward or rural.
- Job Creation Criteria:
Once the investor has invested the said amount in a commercial enterprise, they obtain a “conditional residency status,” which means that they can enjoy permanent residency only when they fulfill certain criteria.
One such criterion is that they must be able to create at least ten permanent jobs within the initial two years of investment. However, under some exceptional circumstances, the U.S. Citizenship and Immigration Services may also offer an extension of one year to generate jobs.
- Other Legal and Regulatory Compliances:
There are numerous other regulatory requirements that an investor must follow. For instance, they must prove that they are investing in a bona fide enterprise and that the fund that they are investing in has been legally obtained.
Moreover, the visa program also has some regulatory measures to ensure that it minimizes the risk of investment in the particular project, which protects the capital of the investor as well.
How to Apply for the EB5 Visa Program?
To apply for the EB5 visa program, you need to adhere to the legal compliances set up by the United States Citizenship and Immigration Services (USCIS) protocols. The following section discusses the steps briefly:
Step 1: File Form I-526
The first step is to file Form I-526 as an immigrant petition by a standalone investor. This form is filed as proof that the investor has invested the amount mentioned in the EB5 visa program in a commercial enterprise that will create ten full-time jobs in the next two years.
Step 2: Applying for Conditional Permanent Resident
Upon filling out the form, the investor can apply for conditional permanent residency by again filling out form I-485 with the USCIS if they are currently living in the US.
People who don’t currently reside in the US need to go through consular processing, which involves applying for the EB5 visa in the US embassy at their respective country, after which they are given a conditional permanent residency visa.
Step 3: File Form I-485 With the USCIS
After fulfilling the criteria mentioned above and spending two years as a conditional permanent resident, the investor needs to file Form I-485 with the USCIS to remove all the conditions.
This form is a petition to the USCIS to remove all the conditions and accept the investor, their wife, and their unmarried children below the age of 21 as permanent residents of the US.
Conclusion:
The EB5 visa is a golden opportunity for foreign investors to gain permanent residency in the US and enjoy all the benefits and legal rights of a US citizen. So, if you are looking for an opportunity to live your dream life, you are in the right place. However, remember that before you apply for the visa, you must ensure that you fulfill the eligibility criteria for a hassle-free transition.
