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EB-5 Investor Visa
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Eb-5 Visa
Investors (as well as their spouses and unmarried children aged under 21) can apply for the US Green Card through the EB-5 (employment-based fifth preference) Business Visa USA, provided they contribute the required capital investment towards a new commercial U.S. enterprise, and have a plan to generate or maintain ten full-time permanent jobs for qualified workers in the USA.
Benefits Of Eb-5 Green Card
- Lawful immigrant status in USA – permanently live and work anywhere in the country
- Family members included in the application also directly obtain the Green Card USA
- Application processing can be expedited – shorter wait period between application and visa grant
- The investor and their family can work in any field or industry in USA.
- Fast-tracked permanent residence and citizenship
- No requirement of sponsorship by a U.S. employer or organization
- Profitable return on investment
- Better academic and employment opportunities for children
- USA has the largest consumer market in the world
- GDP amounts to $20 trillion – making U.S. the largest economy in the world
- Population exceeds 325 million people with high purchasing power
- Spending per household is the highest across the globe
- The U.S. has free trade agreements with 20 countries, providing easy access to global markets
- World-class research and development infrastructure that supports innovation
- Ranked among the best countries for ease of doing business and competitive business environment
- Wide variety of US Business Visa types to boost foreign investment and immigrant entrepreneurship
- Regulatory framework supports establishment and operation of businesses
- Stable democracy with legal transparency
- Highly-skilled, educated, diverse, mobile and innovative workforce
- Robust transportation system to facilitate production and movement of products
- Very efficient, liquid, developed, and flexible financial markets
- USA has a capitalist mixed market economy powered by the private sector. EB 5 visa holders can pursue diverse business opportunities of varying scales in nearly every field – especially ICT, transportation and logistics, energy, healthcare, consulting, e-commerce, food service, etc.
Eb-5 Immigrant Investor Program Investment Options
As per the EB 5 visa requirement, immigrants must make a capital investment in an enterprise located in USA. Below are the investment options:
- Capital Investment of USD 900,000 for a business in in a Targeted Employment Area (TEA)
- Capital Investment of USD 1.8 Million for a business outside of a TEA.
Eb-5 Immigrant Investor Program Application Process
The EB-5 US Business Visa process is administered by U.S. Citizenship and Immigration Services (USCIS).
Stage 1
- Submit Form I-526 – Immigrant Petition by Alien Investor – to USCIS, proving that the necessary investment has been made, or is in the process.
Stage 2
- If approved, submit DS-260 – Application for Immigrant Visa and Alien Registration – to the U.S. Department of State (to secure an EB-5 Visa for seeking admission to USA), or Form I-485 – Application to Register Permanent Residence (PR) or Adjust Status – to the USCIS (for adjustment to conditional permanent resident status).
- If approved, USCIS will grant conditional PR for two years.
Stage 3
- Within the 90-day period preceding the completion of two years in USA as a conditional permanent resident, the immigrant(s) must submit Form I-829 – Petition by Investor to Remove Conditions on PR Status – to USCIS.
- If approved, conditions on permanent residence will be removed for the immigrant and dependent family members, allowing them to permanently live and work in USA.
Eb-5 Immigrant Investor Program Eligibility Criteria
The EB-5 US Business Visa requirements are fairly straightforward:
Investment Requirement
Make a capital investment of $180, 00, 000/- (or $900,000, If the new commercial enterprise is located in a Targeted Employment Area (TEA), which is a rural area or an area experiencing high unemployment) – in a new ‘for profit’ commercial enterprise established after 29th November 1990 or one established on/before 29th November 1990 that was purchased and restructured/reorganized to create a new enterprise or expanded via investment resulting in 40% or more rise in number of employees. The enterprise may be a sole proprietorship, partnership, joint venture, holding company, business trust, corporation or other privately/publicly owned entity.
Job Creation Requirement
As a result of the investment, the commercial enterprise should create ten permanent full-time job positions (at least 35 hours of work per week) for a lawful citizen/permanent resident of USA or an immigrant authorized to work in USA – not including immigrant investors or their dependents. If the enterprise is located in a regional center, these jobs can be created directly or indirectly. If not, the jobs must be created directly by establishing an employer-employee relationship.
Eb-5 Immigrant Investor Program Documentation Requirements
At the initial stage, investors will need to display the following EB-5 US Business Visa documents:
- Evidence of the establishment of the new commercial enterprise.
- Evidence that the investment has been made or is in the process of being made.
- Evidence that the capital invested has been obtained lawfully.
- Evidence that the enterprise will support ten permanent full-time qualified U.S. workers.
- Evidence that the existing number of employees will be maintained at the level that existed before investment or a higher level, for at least two years.
- If applicable, evidence that the new enterprise was created by an individual/entity.
- If the investment amount is $900,000, evidence that the enterprise is located in a TEA.
- Evidence that the investor is or will be managing the enterprise (day-to-day or by formulating policies).
Later, while filing to remove conditions on PR status, investors may need to provide the following:
- Federal tax returns
- Business organizational documents
- Audited financial statements or probative evidence
- Invoices, receipts, bank statements, contracts, business licenses, federal/state income tax returns, federal/state income quarterly tax statements
Payroll records, tax documents relevant to job creation, I-9 Forms for employees showcasing number of jobs created and maintenance of such jobs.
Eb-5 Immigrant Investor Program Processing Time And Fees
The US business visa processing time for the EB-5 classification varies depending on the caseload and capacity of USCIS. As of May 2020, the following processing time is applicable to each form submitted:
- Form I-526:5 to 44.5 months
- Form I-485: At least 8.5 months on average, depending on the service center
- Form I-829:5 to 47 months
The fee required to submit these forms determined the US Business Visa cost under the EB-5 classification:
- Form I-526: $3,675
- Form I-485: $1,140
- Form I-829: $3,750
Biometrics: $85Sample Text
HOW ABHINAV CAN HELP YOU?
The US Business Visa application procedure is highly complex and detail-oriented. It requires constant supervision of documents and coordination with relevant authorities. With over 25 years of expertise in business immigration to USA, we provide assistance for identifying profitable commercial enterprises for investment, compiling required documents, enhancing eligibility, and filing a strong application. As genuine consultants, we can assess eligibility and offer support at every stage of the process, as well as practical advice for business establishment, to ensure that your precious resources are directed towards an investment that leads to permanent residence in USA.
To know more about the Business Visa USA, you can write us on web@businessimmigrationvisas.com and our expert team of experts will get in touch with you to resolve your queries. You can even give us a ring on (+91) 859 533 8595 or directly interact with our expert Visa Consultants through our Live Chat window.
