Process Of Getting The United States’ Golden Visa

The United States is the land of opportunity, where immigrants are welcome and eager to improve their lives, careers, and education. It has a vibrant culture, vibrant cities, and stunning natural beauty. The EB-5 (golden visa) is a great choice for investors or business people who want to relocate to the US.

With the golden visa, you can move to the US, live in the US, work in the US, study in the US, or retire in the US without having to work. The golden visa can be life-changing for foreign investors who want to move to the US. They offer access to American schools, the chance to build a better life, and many financial opportunities.

The issue with the golden visa is that it requires a large amount of money to be invested in the United States. This only suits people with high net worth who want to get green cards or US citizenship. Getting a golden visa takes many steps that will affect the processing time. If you are not sure what to expect, it may not be very clear.

An immigration lawyer can help you understand the process so you can reduce your processing time. Here are some important facts about golden visas in the US.

Overview of the Golden Visa

The golden visa is a fifth-level visa that allows foreign nationals to become permanent residents of the United States by investing in US companies. It was established by the US Congress in 1990. The purpose of this visa is not only to invest abroad but also to contribute to the United States economy and help rural areas.

The golden visa has four classes: C-5, T-5, R-5, and I-5. The C-5 class is designed for investments outside the target areas. The T-5 class is for investments in areas with high unemployment. If you are part of an investor pilot program outside the target area, you are in class R-5. Class I-5 is generally for those under the investors’ pilot program.

Contact an immigration lawyer to learn more about the classes of golden visas and processing times.

Why you should consider the golden visa

The holders of golden visas can get green cards and are eligible to become US citizens. If you have a spouse or unmarried children under 21, they can also be green card holders. Your children can go to school in the US. You are free to work for or do business with any company and are not restricted to certain working hours.

This means you can work or do business with as many or as few companies as you like. You can also work and live anywhere in the US without special work permits. There are also many other benefits to having a golden visa. Talk to an immigration lawyer to find out more about the benefits of the golden visa.

Who is eligible?

To be eligible for the golden visa, you must invest in a new or existing business. The old business must have a net worth of at least $1.8 million and an employment increase of at least 40%. You may still be eligible for an investment of $900,000 if you invest in a Targeted Employment Area with a minimum unemployment rate of 150%.

Also, to be eligible for the golden visa, applicants must create at least ten full-time jobs in the United States for qualified US citizens, green card holders, or any other US resident who can work. These jobs must be performed for at least 35 hours per week. The investment can be in cash, equipment, shares, or other assets.

It is important to note that the capital can’t be borrowed or must have been repaid by the applicant. The investment value is the real market value of the investment. The investment that qualifies you for the golden visa must be made within two years from the date of your visa application.

Investment options to get the golden visa

There are two investment options for the golden visa application. The first option is to invest $900,000 or more in a high-unemployment area, rural area, or program approved by the US government. The second option is to make a minimum of $1,800,000 in direct investment outside a TEA (to another company or your own company).

Both options must meet USCIS requirements, but the investment you make will not affect the processing time of your golden visa application. If you are confused about the investment option that is right for you, talk to an immigration lawyer today.

How to get a golden visa in the US

To get the golden visa, you must complete and file many forms at different stages of the application process. Below is a brief breakdown of the golden visa application process.

1.   The form I-526 filing.

If you are applying for the golden visa, the first step is to complete form I-526. This is the primary immigration petition form for the golden visa. It can be downloaded from USCIS’s website or obtained from an immigration lawyer. Unlike other types of employment-based visas, the golden visa does not require an employer to sponsor you.

You can fill out form I-526 yourself or hire an immigration lawyer to help you. Make sure to fill out all sections of the visa application, especially the personal information section. Once complete, you can submit the form to any USCIS locations listed in your immigration paperwork.

2. Filing either form I-485 or DS-260.

What you will need to do at this stage depends on whether you live in the US or abroad. After your I-526 is approved, you will need to complete and submit either an I-485 or a DS-260 form (depending on where you live). If you are not living in the US when the I-526 is approved, you will need to file the DS-260 immigration visa application.

This is called consulate processing; you must set up an appointment at your country’s US embassy or consulate. The DS-260 form is available online on CEAC’s website. If you don’t live in the United States, you will need to complete a separate DS-260 form. An immigration lawyer can help you with this step.

The I-485 form is used to transition from non-immigrant to immigrant status. It is the permanent residency application form. If you qualify for the I-485 form, you will be granted the golden visa and admitted as a conditional green card holder. It is similar to probation, where you have to prove your worth to reap the rewards.

You will only be allowed to stay if you meet the investment criteria, which must be fulfilled within two years.

3. The interview.

The golden visa interview is the last step in the visa application process. You will need to go to your country’s US embassy or consulate and answer a series of interview questions to prove your case. The US embassy will let you know when your interview date is. Due to the long processing times for the golden visa, your interview may take up to 30 days or more.

Make sure you have everything you need for your interview. Your golden visa application could be denied or delayed if you don’t. Ensure you get all the information you need from the US embassy regarding all the documents related to your petition. You should try to respond honestly to as many questions as possible, but the golden visa generally only takes a few minutes.

The answers to the questions must correspond to the documents you provide to get your visa approved. Once approved, you will receive a sealed package you can show at your entry point.

4. Removal of conditions.

Once approved for the golden visa, you will be granted a two-year conditional stay. If you would like to stay for more than two years, you will need to file form I-829 to lift the restrictions on your stay in the United States. You can file this form up to 90 days before your two-year temporary stay ends.

This form is on the US Citizenship and Immigration Services’ website. Completing this form confirms to USCIS that the investment requirements have been met. After completing this process, you will obtain permanent resident status with a 10-year green card that can be renewed indefinitely.

The embassy will also provide information about all the documents related to your petition. It is a smart move to hire an immigration lawyer to represent you.

How long does it take to get the golden visa?

Depending on your home country, the processing time can range from weeks to months. For example, if you are from one of the countries with a lower admission ceiling, you could expect to wait up to 18 months to process Form I-526.

However, depending on the number of EB-5 investors, the value of your investment, and your investment’s probability of success, the processing time could be much shorter. If you want to remove the condition on your golden visa green card, the processing time could be 18 months or longer, but you can be sure that hiring an immigration lawyer will speed up the process.

Get help!

Do you want to expand your business or invest in the US while hoping to get a green card? Then, contact the experienced immigration lawyers at Gehi and Associates to process the golden visa quickly.

We can help you to collect and submit all the required documents to prove your case. We have a lot of experience in processing golden visa cases. We will handle your case professionally. Contact us today to start the process.