Guide Through The US Eb-5 Visa Process

The United States is a land of opportunity. It is a land where foreigners are welcomed and looking forward to a better life, jobs, and education. It has an exciting culture, great cities, and beautiful natural beauty. The EB-5 visa is a great option for investors or entrepreneurs who want to move to the United States.

It is the United States’ version of the gold visa. The EB-5 visa allows you to live, work, study, and retire in the United States without needing a job. For foreign investors looking to immigrate to the United States, an EB-5 visa can be a life-changing opportunity.

It provides access to America’s schools, the opportunity to create a better life for themselves and their families, and many opportunities to make money. The downside is that you have to put a lot of money into the US to get an EB-5 visa, so it is only for wealthy individuals who want to get green cards or US citizenship.

There are also a lot of steps to follow which will affect the processing time for an EB-5 visa. So, if you are not familiar with the process, it can get confusing and complicated. If you are having trouble understanding the process, an attorney can help clear things up to shorten the processing time for an EB-5 visa.

Here is some essential information about the EB-5 visa.

Basic info on an EB-5 visa

If you are a foreign national looking to invest in companies in the United States, you can become a permanent resident through the EB-5 visa. This fifth-level visa was created by the US Congress in 1990. It is about foreign investment contributing to the US economy and helping rural areas.

There are four tiers of EB-5 visas: C-5, T-5, R-5, and I-5 tiers. The C-5 is for investments outside the target areas, and the T-5 is for high-unemployment areas. For those in the investor pilot program who are not in the target areas, you are in tier R-5. Tier I-5 is for those under the investor pilot program.

The processing time for an EB-5 visa under any of these tiers is similar. By consulting with an attorney, find out more about the different tiers and the processing time for an EB-5 visa.

The benefits of an EB-5 visa

Successful EB-5 visa applicants are eligible for green cards and are on the path to becoming US citizens. If your spouse and unmarried children are under 21, they may also be eligible for green cards. Your children will be able to attend school in the United States.

You are required to work for any sponsoring companies; you are free to work as much or as little as you want. You can also live and work anywhere in the United States without obtaining special work permits. There are many other advantages to having EB-5 visas. Learn more about them by consulting an attorney.

How to qualify

An EB-5 visa can be obtained by investing in a new or existing business. To qualify, the net worth or employment of the old business must be increased by at least 40%, and the investment must be up to $1 8 million. However, an investment of $900,000 in a Targeted Employment Area (TEA) with an unemployment rate of at least 150% can qualify.

The EB-5 visa will be issued to those who create ten full-time American jobs for qualified US citizens, green card holders, or any other US residents who can work. The workers must work 35 hours or more per week. The investment can be cash, equipment, stocks, and other items.

It should be noted that the capital cannot be borrowed and must be repaid by the individual. The value of the EB-5 investment is the actual market value. The investment that makes you eligible must be made within two years of the date of the visa process.

Where to invest

There are two ways to invest in the US to apply for an EB-5 visa. The first is to invest at least $900,000 in a designated area (i.e., high unemployment, rural areas, or a government-approved program). The second is to make at least $1.8 million in direct investment outside of a TEA (either to another company or your own company).

You can do both, but you must make sure your investment meets USCIS requirements. Your investment option will not necessarily affect the processing time for an EB-5 visa. If you are unsure which investment option is best for you, speak with an attorney today.

How to apply?

Forms I-526, DS-260, and I-485/I-829 must be filled out at various stages during the EB-5 process.

1. The first stage.

If you are applying for an EB-5 visa, the first thing you must do is fill out form I-526, the main EB-5 immigration petition by alien investor form. You can download the form from the US Citizenship and Immigration Services (USCIS) website or get it from your attorney.

Unlike other employment-based visa types, the EB-5 visa doesn’t require an employer to sponsor you. Instead, you will have to complete the form on your own. You will want to hire an attorney to help you with this process. Make sure you fill out all the form sections, especially the section about yourself.

Once you complete the form, you can send it to one of the USCIS offices in your immigration application.

2. The second stage.

What you will do in this stage depends on whether you live in the United States or outside of the United States. Once your Form I-526 has been approved, you must fill out and submit either a Form I-485 or a Form DS-260, depending on where you live.

If you do not live in the United States at the time of the approval of Form I-526, you will need to apply for a visa to immigrate to the United States by filling out Form DS-260. This is known as Consulate Processing. You will need to schedule a meeting at your country’s US embassy or consulate.

The Form DS-260 can be found online at CEAC’s website. If you don’t live in the US, you will need to fill out a form DS-260. Your attorney can help you through this process. The Form I-485 is used to change from nonimmigrant to immigrant status. This is the application form for permanent residency.

If you are approved for the form I-485, you will be issued an EB-5 visa and accepted as a conditional resident. This is similar to probation, where you have to demonstrate your value to enjoy the full benefits. This means that you will only be allowed to remain if you meet your investment requirements, which must be met within two years.

2. The face-to-face meeting stage.

Your visa interview is the final step in your application. It would help if you visited your country’s US embassy or consulate to answer a series of questions to demonstrate your case. The US embassy will notify you of your interview date, but it may take up to a month or longer due to the lengthy processing time for an EB-5 visa.

Ensure you have all the documents you will need for your visa interview. Failure to do so could result in your visa being denied or delayed. Ensure you receive all of the information from the US embassy regarding all the documents associated with your petition. It is also recommended that you hire an attorney to assist you.

You can answer as many questions as you want, but it usually doesn’t take very long. The questions you answer must match the documents you submit to be approved for your visa. You will be given a sealed package to show at your entry point upon approval.

3. Take steps to remove the condition.

Once your EB-5 visa is approved, you will be granted a 2-year conditional residency. To enjoy the benefits of this status for more than two years, you will need to file a Form I-829 to remove the conditions of your conditional permanent residency. This form can be completed and filed within 90 days before the end of the two years.

It can be found on the US Citizenship and Immigration Services website. By filing this form, you will promise USCIS that you have met your investment requirements. Once this is done, you will have permanent resident status with 10-year green cards that can be extended indefinitely.

You will also receive information from the embassy about all the documents associated with your petition. You can also hire an attorney to assist you.

The processing time for an EB-5 visa

Depending on the country, processing EB-5 visas can take a few weeks to a few months. For instance, if you are from a country with a lower admission cap, you could wait up to a year and a half to process form I-526. On the other hand, the number of EB-5 investors, the value of the investment, and the investment’s likelihood of success can all add up to a much shorter processing time.

If you are looking to remove permanent residency conditions, your processing time for an EB-5 visa could take anywhere from 18 months to more than that. However, you can rest assured that hiring an attorney will expedite your process.

Get help!

If you want to grow your business or invest in the United States while hoping to obtain a green card, then Gehi and Associates can help you! Our immigration lawyers can expedite your processing time for an EB-5 visa. We can help you gather and submit the necessary documentation to support your case.

We have extensive experience in processing EB-5 visas, so you can count on us to take care of your case professionally. Get in touch with us today to begin the process!