Golden EB5 Visa Guide for Wealthy Foreign Investors

For foreign investors who want to immigrate to the United States without having to find an employer, the Golden EB5 Visa is just what you need to achieve that aim. The EB5 Visa is the equivalent of a Golden Visa in the United States. It permits the bearer to live, work, study, or retire in the United States without having to look for a job.

If you want to receive a US EB-5 visa, you must invest a significant amount of money in the United States, much like other Golden Visa kinds. As a result, this visa is appropriate for extremely rich internationals seeking a Green Card or citizenship in the United States. This article will walk you through what a Golden EB5 Visa is, its requirement, and how you can apply for it.

About Golden EB5 Visa

The EB-5 visa allows you to get a green card and permanent residency in the United States by investing in a qualifying project or business. It allows foreign nationals to receive a conditional green card by making a qualified investment in the United States.

They can become lawful permanent residents and eventually petition to become citizens of the United States if the EB-5 visa conditions are satisfied. The United States Citizenship and Immigration Services has approved the EB-5 visa program (USCIS).

The United States EB-5 visa, also known as the employment-based fifth preference category or the EB-5 Immigrant Investor Visa Program, was established in 1990 by the Immigration Act of 1990 and allows eligible Immigrant Investors to become lawful permanent residents—also known as “green card” holders—by investing substantial capital in a business in the United States that will employ at least ten American workers.

The current investment amount is contentious since USCIS is yet to update its website or offer advice in the wake of a federal judge throwing down the 2019 EB-5 “modernization” regulation in June 2021.

The judge ruled that the 2019 regulation, which raised the investment threshold from $500,000 to $900,000 (in rural/high employment areas), was unconstitutional because it was enacted by government officials who were not properly appointed to their positions, as required by the Federal Vacancies Reform Act of 1998. (FVRA). “Direct EB-5 investors can invest at $500,000 unless new laws or rules modify the amount,” according to a former acting director of USCIS.

The majority of EB-5 investors put their money into a targeted employment area (TEA): a remote location or one with a high rate of unemployment to save money. The EB-5 visa program is designed to promote “foreign investments as well as economic progress.” The EB-5 Immigrant Investor Visa Program is one of the United States’ five employment-based (EB) preference programs.

Applicants might invest directly or through a “bigger investor pool via regional centers (RC),” which are government-recognized third-party intermediaries that “connect international investors with developers in need of money, and collect a commission.”

Regional centers are generally private, for-profit organizations that have been recognized by the Department of Homeland Security’s US Citizenship and Immigration Services (USCIS). Because Congress failed to renew the regional center program by June 30, 2021, investors must make a direct investment (rather than a regional center) and directly employ ten or more Americans.

Benefits of the EB-5 Visa

1. The main applicant, his or her spouse, and all unmarried children under the age of 21 are all included in the visa application.
2. The ability to live, work, study, and travel freely across the United States
3. One of the most expedient routes to permanent residency in the United States
4. After a minimum of 5 years of permanent presence in the United States, you may be eligible for citizenship.
5. Green card holders with state residents may be able to attend public schools, colleges, and institutions at resident tuition rates.
6. No sponsorship is required for a visa (i.e. one of the few methods of self-sponsoring for a green card)
7. There are no minimum qualifications for education, skills, or business experience.

Documents Required for a Golden EB-5 Visa Application

The USCIS will ask you to establish that your investment fits their standards when you apply for an EB-5 Visa. You must supply the following documents:

• Documentary evidence that you have either invested in or are in the process of investing in, a for-profit new commercial enterprise founded after 1990; or
• Purchased a for-profit new commercial enterprise founded before 1990 but reorganized to create a new enterprise, or Invested in a for-profit new commercial enterprise founded before 1990 but your investment resulted in at least a 40% increase in net worth or number of employees.
• Evidence indicating you will be in charge of or oversee the new company.
• Evidence that your investment (directly or indirectly) has resulted in the creation of at least 10 new full-time employees.
• Alternatively, if ten new roles are not now required, present a complete business plan demonstrating that they will be.
• Evidence that the new personnel will be with you for at least two years.
• Proof that you’ve put in the appropriate amount of money:
• Proof that the money you put into your investment was obtained legally. For instance, documents of foreign business registration, and returns for corporations, partnerships, and individuals. Any additional source of capital must also be proven.
• Proof of any pending civil or criminal actions brought against you by a court in the United States or anywhere in the world in the preceding 15 years (if applicable).
• Your passport.
• Photographs that are large enough to fit in a passport.
• Civil documents, like birth and marriage certificates.
• Medical Examination Forms that have been completed.

Requirements for Golden EB-5 Visa Investment

The following are the essential prerequisites for an EB-5 Visa investment:

• It must have a minimum capital requirement. TEAs cost $900,000, whereas non-TEAs cost $1.8 million.
• It must produce at least 10 full-time jobs over two years. If you can’t show that the investment produced the jobs right away, you should be able to show that at least 10 more full-time employees will be needed soon.
• The funds you invest must have been legitimately obtained.
• The United States Citizenship and Immigration Services (USCIS) must authorize the investment.
• Your investment must be in a “for-profit” new commercial firm that was founded after 1990.
• Your money must be regarded as “at-risk,” which means that there is no assurance of a profit.
• You must choose whether to invest in a business on your own or through a regional center. Due to the size of the investment, you may need to employ a legal representative to guide you through the procedure.
• You can book a consultation meeting if you are unsure if your possible investment fits the EB-5 Visa standards. They will use their knowledge of the industry to present you with the finest possibilities.
• After you’ve made your investment, you’ll need to compile the relevant paperwork and apply for an EB-5 visa.

How to Apply for a Golden EB-5 Visa

After you’ve made your investment, you’ll need to complete the following steps to apply for an EB-5 visa:

• You apply to the USCIS using Form I-526, which is effectively an Investment Visa application form. You should check the USCIS website to see whether the address where you must submit the paperwork has changed.
• The application is reviewed by the USCIS and sent to the National Visa Center (NVC).
• The NVC will contact you and request that you pay the appropriate fees and provide the necessary papers. The NVC will tell you where to pay the charge and how to do so.
• You apply for an immigrant visa and go to the US Embassy for an interview. The NVC will notify you of the location and time of the interview, as well as the papers you need to bring.
• The US Embassy will issue your Immigrant Investor Visa if all goes according to plan (i.e. the two-year Green Card).
• If you are already in the United States, instead of filing at a US Embassy, you must petition for adjustment of status (Form I-485) with the USCIS.

Keep in mind that the application procedure may vary based on where you live. If you are not in the United States, the US Embassy in your country should be your first point of contact. They will almost certainly be the best informed about the application procedure and requirements.

Many applicants opt to retain legal advisers to assist them with the EB-5 visa application process because of the significant amount of money at stake.

Frequently Asked Questions (FAQs)

1. How Long Does It Take to Get an EB5 Visa?

From the time you submit your application to the USCIS, the procedure for acquiring an EB-5 Visa takes on average 13 months. Because this is an average, the actual processing time may vary based on your unique circumstances.

2. How Long Can I Stay in the US With a golden EB5 Visa?

You will be granted “conditional residence” when you first earn a Green Card through EB-5 investment. This implies that your Green Card will be valid for two years, during which time you will be able to live, work, and study in the United States. If you leave the nation for more than a year, your resident status will be revoked.

You can apply for “unconditional/permanent residency,” aka a 10-year Green Card, after two years on a “conditional residency” Green Card, which you can renew indefinitely.

3. Can I Live Anywhere in the US with an EB-5 Visa?

Yes, you can live and work anywhere in the United States if you obtain an EB-5 Visa. If you invest through a Regional Center, you do not need to live in the same state as your investment.

If you make a direct investment, however, you may need to be near the firm you invested in to demonstrate your involvement.

4. Do I Get Access to American Healthcare With an EB5 Visa?

Yes, as an EB5 visa holder, you will have access to healthcare in the United States; but, the prices of medical treatment in the United States are among the highest in the world.

A broken leg or arm can set you back $2,500, whereas a stay in a US hospital will set you back over $10,000 on average. You should choose a health insurance plan that best meets your needs and is both reasonable and comprehensive.

Conclusion

The EB5 Program was established by Congress in 1990 to promote the American economy by allowing foreign investors to create jobs and invest cash in the United States.

The Immigrant Investor Program, also known as the Regional Center Program, was established by Congress in 1992 to provide EB-5 visas to participants who engage in commercial firms linked with regional centers that have been authorized by USCIS based on plans for economic growth.

With the help of the information in this article, you can proceed with your golden EB5 Visa application to work in the US as a foreign investor.