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Things to Know About EB5 Immigration Visa Process

Things to Know About EB5 Immigration Visa Process

The United States EB 5 visa or employment-based fifth preference category or EB 5 immigrant investor visa program was launched in the year 1990 by the Immigration Act of 1990. The main aim of this program is to assist eligible immigrant investors to become lawful permanent residents – mainly known as “green card” holders just by investing a minimum $900,000 in order to finance a business in the United States that employs at least 10 American workers. Today, most of the immigrant investors who use the EB 5 program invest in EB-5 immigration project in a TEA (targeted employment area) – a rural area or area with high unemployment – which lowers the investment threshold to $900,000.

The primary purpose of the EB 5 program is to encourage both foreign investments as well as economic growth. The EB 5 immigration investor visa program is the five employment-based preference programs in the United States. Applicants have the option to invest individually, or they can choose to work via a larger investor pool via regional centers, which are generally approved third-party intermediaries that connect foreign investors with developers in order to get funding and take a commission. In general, regional centers are private, non-profit businesses that are approved by the United States Citizenship and Immigration Services (USCIS). It is part of the Department of Homeland Security.

In the year 2011, there were 883 USCIS approved regional centers. By 2014, the majority of EB 5 visas were granted via regional centers; the jobs may be created indirectly via economic activity in which the investment vehicle must directly employ 10 or more United States workers. In the year 2020, 78,278 investors have applied for the EB5 program. Most of these investors come from countries, including South Korea, China, Taiwan, and the United Kingdom. In addition to this, there are so many applicants that belong to countries like Vietnam, India, Mexico, and Nigeria.


Regional Centers

EB 5 investor visa applicants can invest in two ways. They can either make a direct investment or through an EB 5 regional center. Direct investors can find their own investment project and take a direct managerial role in supervising that specific project. Direct investment options can be suitable for people who are looking for more hands-on control of their investment and the project that got their investment. Next, the applicant can make the investment in an EB 5 regional center. This can be the best option for investors who are more interested in the immigration goals of EB 5 instead of obtaining a maximum Return on Investment. Regional centers get designation from the United States Citizenship and Immigration Services (USCIS) to administer EB 5 investor projects.

Job Creations

According to the United States Citizenship and Immigration Services, the investment should preserve or create at least 10 full-time positions for US workers. This job creation occurs within two years of the investor’s conditional permanent residency as well as entrance into the United States. In this section, job creation can be defined as direct, indirect or induced.


EB 5 Investor Visa Application Process

EB 5 visa applicants have to follow three steps to get the United States permanent residency: It is important to invest in a business that creates minimum 10 direct full-time US jobs per investor or invest via the United States Citizenship and Immigration Services designated regional center as well as create 10 direct, indirect and induced jobs per investor. Upon I-526 approval, the investor submits their conditional permanent resident applicant either through the filing of an I-485, Application for Adjustment of Status, or DS-260, Application for Immigration Visa. The investors must prove that all the requirements of EB 5 have been met successfully by filing the I-829 petition to eliminate conditions of residency. The investors and their family become lawful permanent residents and get their 10-year green card.

Steve Mark is a chief editor at TechBulleting, one of the fastest growing Business and Technology blog, and specializes in covering a range of topics such as gadget reviews, design, tutorials, and many more.

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