Foreign investors can obtain a green card when they invest a certain amount of money in an enterprise that will create jobs for American workers. There is an annual cap of roughly 10,000 visas in this program, meaning that not everyone who wants one of these visas can get one. If you are in a position to obtain one of these visas, your application must be responsive and mistake-free to qualify.
The EB-5 program uses visas to spur economic growth in the United States. Wealthy investors with no other connections to the United States that can allow them to obtain a visa may enter under this program if they meet the requirements. Essentially, there are two requirements to qualify for an EB-5 visa:
Given the requirements of the program, whether an investor qualifies is not always clear-cut. There are some flexibilities about where the applicant can invest their money. Acceptable forms of investment include:
According to the Congressional Research Service, regional center visas account for 96 percent of the total EB-5 visas granted each year.
In addition, there are often questions about the individual investor’s role in their investment. They cannot be a fully passive investor, yet they do not need to be involved in the day-to-day operations of the investment.
Further, investors may face issues about the source of their funds. They will need to provide documentation that their funds have a lawful source, and they will need to explain whether the money is their own or if it was given to them as a gift. There may be numerous compliance issues that USCIS will seek to verify, paying particular attention to the source of the funds.
Not only do prospective EB-5 visa applicants need to pay close attention to the requirements of the program, but they also need to perform careful due diligence on their prospective investment to ensure that it is legitimate. While the investor is seeking a visa, they also have much of their money at stake in this visa program, so it is not without risks to them.
The EB-5 visa program provides conditional residency for a period of two years. The investor will need to meet the requirements of the program continuously during this time. After two years, they have the right to apply for lawful permanent residency in the United States. For many people, the EB-5 visa program is their best chance of getting permanent residency in the United States, although it requires that they are wealthy.
The EB-5 visa program has been controversial to some over the years. In 2019, the federal government made major changes to the rules to tighten the requirements. Investors must contend with a changing regulatory environment and shifting government interpretations of these rules. Therefore, they need an immigration attorney who is deeply familiar with visa programs and understands what is happening currently at the USCIS. The agency is known to tighten requirements through their own interpretation of immigration laws, and visa applicants often get caught unaware. Our lawyers are here to make sure that you are fully informed and prepared when you file your visa application.
Our immigration attorneys can assist you by doing the following:
To learn more about how we can assist you in the EB-5 immigration process or any other U.S. visa program, contact our attorneys today. We will make sure that you are fully informed and have the help you need for a successful visa application if you qualify for a spot.