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The EB-5 investment program was created by congress in 1992 for the purpose of stimulating the US economy. EB 5 Investment Visa gives the opportunity to foreign investors to invest in the US and get a Green Card (Permanent residency). 

 

The EB 5 Investment Visa program is approved by USCIS. USCIS approves investments from investors through the regional centres based on the proposals of the investors whether or not they will be helpful in the growth of the US economy. 

 

EB 5 Reform and Integrity Act, as a part of Public Law 117-103, was signed by President Joe Biden on March 15, 2022. This act created new requirements for the Regional Centre programs and EB 5 Investment Visa program. 

 

EB 5 Immigrant visas are authorised under the Regional centre Program through September 30, 2027. A continuous update in the Policy Manuals of the EB 5 Reform and Integrity Act will be done by USCIS. 

 

All the EB 5 Investors are required to invest in the new commercial enterprise, which should be established after November 29, 1990. In the case of the purchasing of the new business, the business should be reconstructed in such a manner that it should expand a minimum of 40% either in the form of business net worth or in the number of employees.

 

In the case of a new business, the new enterprise should be for profit, and it should be a sole proprietorship or a partnership which can be limited or general. It can also be a joint venture, corporation, business trust or limited liability company. 

 

EB 5 Investment Visa Program Process:

 

For an EB 5 Investment program, there are many documents required. This program allows you to add your spouse and dependent children to your application.

 

 For a successful EB 5 visa application, you must follow all the required steps carefully. The steps for EB 5 application are as follows:

 

1. Choose a qualifying EB 5 project: Project selection is an important task. The selected program must fulfil all the requirements of the EB 5 program. The selected program must be able to return your invested capital in a timely manner. 

 

1. EB 5 Visa Investment amount: The minimum investment required for this program is $1,050,000 for general and $800,000 for the Targeted Employment Area (TEA). TEA projects are generally based in rural or high-unemployment areas. 

 

1. EB 5 Job creation: For a successful EB 5 Visa, the main requirement is job creation. Your business must be able to create a minimum of 10 permanent, full-time jobs for American citizens. 

 

1. Selection of EB 5 investment industry: The selected industry must be able to return your investment in the desired period of time. 

 

1. EB 5 investment and petition: For making an investment, a subscription agreement is signed by the investors. The subscription agreement will request to join a partnership or a limited liability company which will be accepted by the Manager or General Partner. The investment funds from these will be wired to an escrow account controlled by an appointed escrow agent. 

 

1. After the investment, the petition is filed by the immigration attorney. The petition is also known as an I-526 form. It proves that the investment is being made by the applicant and they meet all the EB 5 program requirements. 

 

1. Conditional residency: After the approval of the I-526, the candidates are given a permanent residency for two years. In the case of applicants living in the US, Form I-485 is used for status adjustment. And in the case of applicants living outside the US, Form DS-260 is submitted to the US embassy or Consulate.

 

1. Conditions Removal: The Final step in the EB 5 visa process is to remove the conditions from your permanent residency and become an unconditional permanent resident. This can be done after filing, adjudicating and approval of the I-829 application form. This form indicates that the applicant has met all the requirements according to the USCIS. 

 

EB-5 Visa Advantages for Foreign Investors:

 

There are many advantages for foreign investors who want to live permanently in the US. some of the advantages are:

 

1. The investors will get a lawful status in the US. Also, the family members of the investors will be able to live, work and study in the US on a legal basis.

 

1. This program provides a quick pathway for permanent residency and citizenship in the US. After the removal of the conditions from permanent residency, you will be eligible for citizenship after five years. 

 

1. One of the biggest advantages of this visa is that you don’t need a sponsor. You can sponsor yourself for this program. 

 

1. Being an investment program, your money on investment will be returned to you. 

 

1. This program gives you the freedom to work and live anywhere in the US except some cases. 

 

1. Dependent children can study in the US. They can study in any public or private institution. After study, they can work also.

 

EB 5 visa advantages for US citizens:

 

This visa also benefits US citizens. Some of the benefits are:

 

1. Job creation. This is the main advantage of this visa for US citizens. As it is required to create a minimum of 10 jobs for US citizens under the EB-5 visa program. 

 

1. Economic stimulation. The main purpose of this visa was to stimulate the economic growth of the US. These investments help in boosting the US economy.

 

1. With Targeted Employment Areas (TEA), the growth of different geographical locations is boosted. These areas were highly underdeveloped and needed opportunities to grow. 

 

Summary:

 

1. An investment program for foreign investors.
2. Gives you the benefit of living and working in the US legally.
3. Family members can also be added to the application.
4. Dependent Children can study and work like US citizens. 
5. Beneficial for both investors and the US economy.
6. You can become a citizen of the US after five years.

 

Check out our Web Story at https://celpip.biz/web-stories/the-eb-5-investment-program/

 

You may also check What is a EB5 regional center.