For many people, the United States represents a dream, offering unrivaled opportunities in business, education, and lifestyle. For those that have settled down in the fast-paced atmosphere of the UAE, pursuing a path to a lifetime of residency in the US is an important life decision. The process for obtaining a US green card for UAE residents is not a straightforward path and is complicated by many different pathways and specific green card requirements for UAE citizens and other foreign residents.
This guide outlines the primary methods of obtaining a US green card for UAE residents, while mostly focusing on what is likely the best and fastest route for many investors and professionals in business.
Primary Pathways to the US Green Card from the UAE
The government of the United States provides several primary pathways to permanent residency status, generally organized by family relationships, employment, or investment. For a UAE resident, understanding which category is applicable to their specific situation is the first essential step in determining how to get US green card from UAE.
1. Family-Based Immigration
This category is available if you have an immediate relative who is a U.S. citizen (spouse, child under 21 that is unmarried, or parent) or a lawful permanent resident (spouse or child who is unmarried). The U.S. relative must submit a petition, Form I-130, on your behalf. Immediate relatives of U.S. citizens have the fastest route, while other family preference categories are subject to an annual cap, and delays or waiting periods may occur depending on the applicant’s country of chargeability and visa bulletin.
2. Employment-Based Immigration
The employment-based categories (EB-1, EB-2, EB-3) are for individuals with exceptional abilities, advanced degrees, or specific skilled professions. These categories often require a U.S. employer to petition on your behalf, in many cases after obtaining a labor certification (PERM), which proves no qualified U.S. worker is available for the job.
EB-1 (Extraordinary Ability): For individuals with sustained national or international acclaim in the sciences, arts, education, business, or athletics. This path does not require a specific job offer or labor certification.
EB-2 (Advanced Degrees/Exceptional Ability): For professionals with an advanced degree or its equivalent or for persons with an exceptional ability. In certain cases, you might be eligible for a National Interest Waiver (NIW), depending on the situation, so that labor certification can be avoided by demonstrating that your work is in the national interest of the U.S.
EB-3 (Skilled Workers, Professionals, and Other Workers): For skilled workers for whom the job requires at least two years of training or experience, and/or professionals with a bachelor’s degree.
3. The EB-5 Immigrant Investor Program
For many high-net-worth individuals and business owners in the Emirates, the EB-5 visa for UAE residents is likely the most straightforward and independent path to permanent residency. This category is unlike the previous two because it is purely based on an investment that will create American jobs; it is a straightforward path for those with the appropriate investment capital to obtain a green card for UAE residents.
Focus on the EB-5 Investment Pathway
The EB-5 investment green card UAE option is structured to stimulate the U.S. economy through job creation by foreign investors. The program awards a conditional Green Card to investors, their spouse, and unmarried children under 21, who make the required capital investment in a new commercial enterprise in the U.S.
Eligibility and Investment Requirements
The core eligibility for a US green card from UAE through the EB-5 program centers on the investment amount and the creation of jobs.
Minimum Investment: You need to invest at least $1,050,000.
Investment in Targeted Employment Area (TEA): If in a TEA (rural or high-unemployment area), the investment is reduced to $800,000. Most EB-5 investors and applicants select the TEA route through a Regional Center project, as it requires the least capital investment.
Job Creation: The investment must create or preserve a minimum of 10 full-time jobs for qualified U.S. workers within two years of the investor and any dependents receiving the conditional Green Card. If the investment is made through a USCIS-Approved Regional Center, the investor can count indirect and/or induced jobs toward job creation, allowing for a passive way to meet the job creation requirement.
Lawful Source of Funds: A crucial green card requirement for UAE citizens and residents applying under EB-5 is demonstrating that the invested capital was acquired through lawful means. This necessitates thorough documentation of the path of funds, which can include business profits, salaries, real estate sales, or gifts, provided the source can be clearly traced.
The EB-5 Process: Step-by-Step
The formal process for the EB-5 investment green card UAE involves several critical phases:
Investment and Petition Filing: The investor first selects an approved project (often a Regional Center project) and commits the required capital. The I-526E, Immigrant Petition by Regional Center Investor (or Form I-526 for a standalone investor), is then filed with U.S. Citizenship and Immigration Services (USCIS).
USCIS Approval: Once the I-526E petition is approved, the case is sent to the Department of State’s National Visa Center (NVC).
Consular Processing in the UAE: As the applicant is living outside the U.S., they will go through consular processing, which includes filing the DS-260 Immigrant Visa Application, having a medical examination with a U.S. approved doctor in the UAE, and lastly, an interview at the U.S. Embassy or Consulate in the UAE. This interview is the last step in the process for “How to apply for US green card from Dubai” or any other Emirate.
Conditional Status: After the investor successfully completes the EB-5 interview, the investor is issued a visa. Upon entering the United States, you and your family are granted two-year conditional Green Cards.
Removing Condition: Within the last 90 days of the two-year conditional residency, you must file Form I-829 and demonstrate that the investment has been sustained and the jobs have been created. If you are approved, the conditionality will be removed and the investor will receive unconditional, permanent U.S. Green Cards for UAE residents.
Processing Time
Processing times for UAE green cards will differ greatly depending upon the application category, the current backlog at USCIS, and the country of chargeability. For the EB-5 category, USCIS publishes its historical processing time for Form I-526E. Historically, these times have taken many months, so applicants should check the latest official report on USCIS processing times for an accurate and up-to-date estimate. The applicant should note that the entire process, from the time the ease application is submitted to the time one becomes the holder of the Unconditional Green Card, could take years to process.
How FRR Immigration Can Guide Your US Residency Goal
For residents of the UAE, obtaining a US green card through any investment category or complex employment category is a detailed and complex process which requires a strong grasp of U.S. immigration and securities law. FRR Immigration has a specialty in helping clients from around the world, including clients from the UAE, accomplish this.
When looking to find out how to get a US green card from UAE, working with FRR Immigration will help you prepare a solid, compliant application for the best chance of success.
FRR Immigration’s Dedicated Support for UAE Residents:
Comprehensive Assessment of Eligibility: We will conduct a comprehensive review of your personal and financial profile compared to all USA visa options and advise you on the correct direction to take in relation to a viable path, whether it is an EB-5 visa for UAE residents or an employment based visa and ensure you meet the strict eligibility for US green card from UAE.
Funding Source Documentation: For the EB-5 investment green card UAE, the most difficult part of the process is showing a clear and legal source of funds. Our legal & finance team works closely with you for detailed and comprehensive documentation to conform to the strict criteria of USCIS.
Preparation of Your USCIS Petition (I-526E): Our service includes preparing and filing your Immigrant Petition Form (I-526E, I-140 or I-130) perfectly and addressing all of the green card requirements for UAE citizens and permanent residents directly. We aim to eliminate any Requests for Evidence (RFEs) which may affect your processing time for green card from UAE to the United States.
Consular Processing and Interview Preparation: We take care of the NVC stage from the start. We guide you through DS-260 documentation submissions and help prepare you for your required medical examination, and visa interview at the US Embassy or Consulate. Our services allow you to have confidence in the process and know how to apply for a US green card from Dubai or Abu Dhabi.
Post-Residency, I-829 and Conditions Removal: Now that you have successfully obtained your conditional Green Card, the process continues. Compiling the required information kind of last-minute and somewhat late in the process may be required. We will coordinate with our affiliated regional centers and legal professionals to prepare and file your Form I-829 petition to remove the conditions qualification for lawful permanent residence unconditional in the US.
Effortless Coordination Worldwide: Working globally, we facilitate the unique struggles of expatriate residents in the UAE, to offer local context, while adhering to U.S. federal law.
Are you prepared to secure your future in the United States?
If you are a resident of the UAE exploring your options for obtaining a US green card for expatriate residents of the UAE, there is no better time to explore the options available to you. The multifaceted nature of the process means that working with professionals is essential.
Contact FRR Immigration today for a confidential consultation to start formulating your clear plan to a permanent residence in the U.S.
Frequently Asked Questions (FAQ)
Q1. Is it more difficult for a non-UAE citizen residing in the UAE to apply for a U.S. Green Card?
A: No. U.S. immigration laws primarily consider your country of chargeability (usually your country of birth or citizenship) for visa quotas and wait times, not your current country of residence (the UAE). However, your application will be processed through the U.S. Embassy/Consulate in the UAE, which is why your residency in the Emirates is relevant for the final stages.
Q2. Can I include my older child in my EB-5 Green Card application?
A: The EB-5 program includes the principal investor, their spouse, and unmarried children under 21 years of age at the time of adjudication of the petition, subject to the complexities of the Child Status Protection Act (CSPA). Our legal team will assess your child’s age in relation to the CSPA to determine their eligibility.
Q3. Do I need to speak English to qualify for the EB-5 visa?
A: No, there is no requirement for EB-5 applicants to have any specific level of English language proficiency, minimum education, or prior business management experience. The focus is on the lawful source of funds and the investment’s job creation.
Q4. How long do I have to be in the U.S. each year to maintain my Green Card status?
A: A U.S. Permanent Resident (Green Card holder) must generally demonstrate an intent to make the U.S. their permanent home. While there is no fixed minimum number of days, staying outside the U.S. for extended periods (typically 6 months or more) can raise questions about this intent. We advise clients on how to maintain their resident status successfully.
Q5. If I have a Golden Visa in the UAE, does that help my application for a US Green Card?
A: While holding a UAE Golden Visa demonstrates significant financial standing and a stable residency, it does not directly speed up or guarantee approval for a U.S. Green Card. However, the documentation used to secure your Golden Visa (e.g., proof of wealth, business ownership) can be helpful in demonstrating the lawful source of funds required for the EB-5 investment option.
