These jobs can be created collaterally or as a result of the capital invested in a commercial enterprise affiliated with a Regional Center. In other words, the investor does not need to show that he or she directly hired any employees and the burden of proving job creation is passed onto the Regional Center.
Our team demonstrates the jobs created as a result of the project — both direct and indirect — through economic analyses performed by our world-class economists. Regardless of which option an investor chooses, the minimum investment amounts are the same. After the interview you will receive an immigrant visa which will be stamped into your passport, you are then able to move to the United States.
After you arrive your Green Card will then be issued to you. If you reside in the US on a non-immigrant visa like a H1-B or F-1, upon I approval you will file an I for Adjustment of Status from your current non-immigrant visa to your lawful permanent resident status. This will take approximately months until you receive your Green Card in the mail. While awaiting your Adjustment of Status you may be able to apply for an EAD work authorization and travel permit.
Step Begin 2-year Conditional Residency Once you receive your Green Card in the mail it is effectively the same as any normal permanent resident card. You should be careful as some projects also require I approval prior to repayment, this can lock up your investment for unnecessary additional years.
Receiving the return of your investment depends on the project you have selected and its repayment terms. Step File I for removal of your conditions During the last 90 days of your 2-year Conditional Residency your attorney will file your I petition.
Once you have completed your entire 2-year Conditional Residency you have completed the two-year at-risk requirements and are eligible to receive your investment back prior to I approval.
Once you have resided permanently in the US for 4 years 9 months starting from the time you obtained your conditional residence status , you are eligible to file for US citizenship.
Speak with your immigration counsel on next the next steps if you so desire. Previously, investors only had the option of making a direct investment where they were required to manage the EB-5 project themselves. The creation of the Regional Center Program allowed investors to pool EB-5 money and utilize job creation models. Regional Centers allowed institutions to provide deal access to EB-5 investors, and EB-5 investors were able to make passive investments with developers that have strong track records.
Green Cards are issued primarily through a lottery, Family-Based relationships, or an Employment-Based sponsorship. An EB-5 petitioner is an individual investor.
Minors are allowed to apply. Immigrant investor programs are programs designed to attract foreign capital and business people by providing the right to residence and citizenship in return. In all these cases you will also carry local currency risks. Therefore, the United States EB-5 program is one of the cheaper and most secure options in comparison.
Obtaining a Green Card also removes the threat of constant non-immigrant visa renewals every three years and greatly lowers the risk of having to leave the country if there is a change with your visa program, job, or personal life in any way. Using EB-5 to speed up the Green Card process is especially important for individuals on H-1B status who must continuously extend their status and contend with limited career flexibility. This can also be an alternative to H-1B altogether as the H-1B program has currently been suspended.
H-4 spouses who are eligible for work authorization should consider proposed changes aiming to cancel this benefit. Many other H-4 visa holders cannot obtain work authorization at all. The initial EB-5 G ree n Card is conditional and temporary.
At the end of a 2-year conditional residency period, the investor must show that the investment was maintained and at least 10 jobs were created for the Green Card to become permanent. Proper documentation of source and path of funds is critical; funds required for the investment may include, but are not limited to:. The more complicated it is to trace the funds, the larger the file. You can utilize loans and it is best practice loans be secured by an asset.
Funds can be sourced from anywhere in the world if they legally belong to the investor. The EB-5 Regional Center program was created in to allow multiple investors to pool their capital for enhanced economic impact within a defined geographic area.
This also allowed EB-5 investors to make a passive investment with Regional Centers and issuers who had knowledge and expertise in EB The main difference is how job creation is calculated. EB-5 investors are eligible to become U. Residency can be attained in one of two ways:. If the EB-5 investor already has lawful status in the United States, then they must file form I to adjust their status to conditional permanent resident.
If the investor does not already have lawful status in the United States, then they must file for an immigrant visa by submitting form DS to the National Visa Center and they must process through the U.
Both of these steps typically require the help of an immigration attorney and the immigrant visa is issued in about six to twelve months. During the two year conditional residency period, the investor is required to fulfill physical presence requirements, and cannot remain outside of the United States for more than one year without obtaining a re-entry permit.
The final step in the EB-5 visa process is for applicants to become unconditional permanent residents by removing their two year conditional status. It could take months for your interview date to arrive due to the long processing time of EB5 visas.
You should carry all required documents while going to your interview. Missing one document could result in a visa denial or stalling. You should get clear details from the embassy on all documents that apply to your petition. Also, you can hire an immigration lawyer to assist if you can afford one. The interviewer can ask as many questions as they want. The answers you provide must align with the documents you provide for your application to be approved.
Your visa will be easily approved if you have all the requirements and documents. If your visa is denied, you should read the denial notice. This explains why your visa was denied and if you can reapply or appeal. You can move a motion to reopen if you were missing a document or evidence you now have. The new document or evidence but be substantial enough to provoke a different verdict.
You can move a motion to reconsider if you believe the verdict is wrong. This should be handled by an immigration lawyer as it requires in-depth knowledge of US immigration law. The Appeals Office will review your petition for any inconsistency that may have affected the verdict. Premium application service that ensures your visa application is submitted to meet your deadline. With our untimed Advice Session, our professional immigration lawyers will review your case and provide you with comprehensive advice, completely tailored to your needs and your situation.
With our Application Package, your dedicated caseworker will advise you on your application process and eligibility. Your legal advisor will then complete and submit your forms to the Home Office on your behalf. Our Fast-Track Application Package is a premium service for those who need to submit their application in time with their deadlines.
Your case will become a top priority for our lawyers and you will benefit from our highest-quality services. If you wish to find out how you can work in the USA, our team is happy to assist. Learn more. The EB5 visa is a permanent visa, which grants an indefinite stay in the US green card. However, at the initial stage, you will only receive a conditional status that lasts for two years. If you meet all the requirements attached to your EB5 visa and investment, the conditions would be removed, and you will have an indefinite, unconditional permanent resident status.
When you get it back depends on the agreements you signed. EB5 green card holders can bring their spouses and unmarried children below 21 years. Their application should be filed along with the Form I Our Flagship London Immigration Lawyer office is open for business as usual. We are the UK's leading immigration specialists. We've had over applications approved.
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