All About The US Immigrant Investor Visa: The EB5 Visa

The EB5 Visa is the United States’ equivalent of a Golden Visa. It allows the holder to live, work, study, or retire in the United States without needing to find work.

To obtain a US EB-5 visa, you must make a large investment in the United States, like with other Golden Visa kinds. As a result, this visa is appropriate for extremely rich internationals seeking a Green Card or American citizenship.

EB-5 Visa in a nutshell:

• To receive this visa, you must invest at least $800,000 in a US enterprise and create at least 10 American jobs.
• If you are eligible for the EB-5 Visa, you receive a Green Card and you are allowed to live in the US.
• You can include your dependent family members in the application. This means your spouse and children also get Green Cards.
• The US only issues 10,000 EB-5 Investment Visas per year. This also includes the visas issued to family members.

It is best to hire legal experts that specialize in residency-by-investment schemes to help with the necessary paperwork and procedures for obtaining a Golden Visa for the United States.

La Vida, for example, has years of experience with Golden Visa and investment schemes. Their team of professionals can advise you on the shortest way to obtain a US Green Card and which investment program is best for you.

EB-5 Visa Investment Options

There are two investment options which make you eligible for an EB-5 Visa:

• Investing at least $800,000 in a Targeted Employment Area (TEA). Investing in a rural area or an area which has a high rate of unemployment, in a government-approved program.
• Direct investment of at least $1.05 million outside a TEA. You can invest in another company/enterprise of your choice or create your own company in the US, but you must make sure it meets the USCIS requirements.

EB-5 Visa Investment in Regional Centers

Several USCIS Regional Centers promote economic progress in certain regions. Approved EB-5 Immigrant Investor Regional Centers are listed here.

You must establish that your TEA investment created ten employment, directly or indirectly. Indirect jobs result from commercial firm investment, but the hired individuals work for other companies. These may be commercial enterprise supply chain jobs.

Most EB-5 applications are made through Regional Centers because investors care more about immigration than financial return.

EB-5 Visa Direct Investment

A direct EB-5 investment means that you either start your own business in the United States or buy an existing one. Because the investment is outside of the USCIS-approved TEA, you will have to make at least double the amount.

You must also demonstrate that your investment/business directly created at least 10 new jobs, and you must play a direct role in the company.

Requirements for EB-5 Visa Investment

The main requirements for an EB-5 Visa investment are:

• It must meet the minimum capital amount. Either $800,000 in a TEA or $1.05 million outside TEAs.
• It must create at least 10 new full-time jobs for at least two years. If you cannot prove immediately that the investment has created the positions, you should be able to prove that the need for at least 10 new full-time employees will arise.
• The money you invest must have been acquired legally.
• The investment must be approved by the USCIS.
• The enterprise you invest in must be a “for-profit” new commercial enterprise that was established after 1990.
• The money you invest must be considered “at-risk’”, meaning that there is no guarantee of capital return.

You must choose the business to invest in yourself or through a regional center. Due to the amount of investment, you may need legal representation.

Due to the amount of investment, you may need legal representation. La Vida can advise with you if you’re unsure if your investment qualifies for the EB-5 Visa. They will use their experience to offer the finest solutions.

After investing, you must compile proof and submit the EB-5 Visa application.

How to Apply for an EB-5 Visa?

Once you have settled your investment, the process for applying for an EB-5 Visa is as follows:

• You apply to the USCIS using the Form I-526, which is essentially the application form for an Investment Visa. The USCIS may update the address in which you must submit the form, so you should check their website.
• The USCIS reviews the application and sends it to the National Visa Center (NVC).
• The NVC contact you and ask you to pay the relevant fees and submit the required documents. The NVC informs you where and how to pay the fee.
• You apply for an Immigrant Visa and enter an interview at the US Embassy. The NVC will inform you where and when the interview will take place, and what documents you should bring.
• If everything goes accordingly, the US Embassy issues your Immigrant Investor Visa (i.e. the two-year Green Card).
• If you are already in the US: You have to file for adjustment of status (Form I-485) with the USCIS instead of applying at a US Embassy.

Note:

Keep in mind that the application process may vary depending on your area. If you are not in the United States, your first point of contact should be the US Embassy in your country. They will almost certainly be the most up to date on the application process and requirements.

Because of the significant sums of money at stake, many applicants choose to hire legal counsel to assist them with the EB-5 visa application process.

How Long Does the EB-5 Visa Process Take?

The process for obtaining an EB-5 Visa takes on average 13 months, from the time you submit your application with the USCIS. Because this is an average, the actual processing time could be longer or shorter, depending on your specific situation.

Documents Required for EB-5 Visa Application

When applying for an EB-5 Visa, the USCIS will ask you to prove your investment meets their requirements. The documents you have to submit include:

• Documentary evidence that you have either invested or are in the process of investing in a for-profit new commercial enterprise
• established after 1990; or
• Purchased a for-profit new commercial enterprise established before 1990 but reorganized so that a new enterprise results; or
• Invested in a for-profit new commercial enterprise established before 1990 but your investment resulted in at least a 40% increase in the net worth or number of employees.
• Evidence that you will manage or oversee the new enterprise.
• Evidence that your investment has led to at least ten new full-time jobs – directly or indirectly. Or submit a comprehensive business plan showing that at least ten new positions will be required if they are not at the moment.
• Evidence that you intend to keep the new employees for at least two years.
• Proof you have made the minimum required investment:

Proof that your investment money was obtained lawfully. E.g:

• Foreign business registration records
• Corporate, partnership, or personal tax returns
• Proof of any other source of capital
• Proof of any pending civil or criminal actions against you from a court in or outside the USA from the previous 15 years (if applicable).
• Your passport valid for at least six months.
• Passport-size pictures.
• Civil documents, such as birth and marriage certificates.
• Completed Medical Examination Forms.

Benefits of the EB-5 Visa

Receiving an EB-5 Visa means you can:

• Live, work, and study in the US, as can your family members.
• Get a Green Card, which you can renew continuously.
• Apply for American citizenship a few years down the line. This will give you access to one of the strongest passports in the world.
• Travel in and out of the US without having to apply for a visa.
• Travel to other countries which allow visa-free passage to Green Card holders.
• Get your capital investment back, if you invested wisely.
• Get access to American healthcare, which is known as one of the best in the world.
• Travel visa free to 9 countries.

How Long Can I Stay in the US With an EB-5 Visa?

EB-5 Investment Green Cards come with “conditional residency”. This allows you to live, work, and study in the US for two years with the Green Card. Leave the nation for more than a year or lose your residency.

A 10-year “unconditional/permanent residency” Green Card can be applied for after two years of “conditional residency” and renewed constantly.

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

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

However, if you make a direct investment, you may need to be near the organization you invested in because you will need to demonstrate your involvement in the company.

Family Members of EB-5 Visa Holders

If you are approved for an EB-5 Visa, the family members that can join you in the US are:

• Your spouse – Your spouse is eligible for both conditional and permanent residency with you, provided the two of you were married when you entered the US as a resident or when you change status from conditional to permanent after two years. Same-sex couples are also eligible. A common-law spouse is not eligible.
• Your children – You are welcome to bring any children under the age of 21, and they will be eligible for conditional or permanent residence. This includes biological children, adopted children, and stepchildren. You must be able show legal parentage. If your child is under the age of 21, yet married, they are ineligible for the visa.

Can I Get American Citizenship With an EB-5 Visa?

Yes, you can become an American citizen if you get an EB-5 Visa. You can apply for citizenship after five years of having “unconditional residency” status (the 10-year Green Card). In total, you must live in the US for at least seven years before applying for citizenship.

You must also meet the other requirements regarding US Citizenship by Naturalization.

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 will cost you $2,500 in treatment, but a stay in a US hospital will cost you more than $10,000 on average. You should select the greatest health insurance plan for you, one that is also reasonable and meets your demands.

EB-5 Visa Cost

The cost for the actual EB-5 Visa application is $3,675 for yourself and any applicants. Naturally, in addition to the amount you invest and any other administrative fees, such as:

• Form DS-260 processing fee
• Medical examination fees
• Fees to obtain supporting documents
• Any translation fees from foreign language to English
• Any fees you pay to acquire legal help during the investment process