How to get PR in USA by Investment?

Permanent residency in the United States is such a common aspiration, and probably one of the effective means to that aspiration is the EB-5 Visa Program. This investment-based visa program rewards foreign nationals with a Green Card for themselves and immediate family members in return for making a significant contribution toward the economy of the United States. 

In essence, the process of USA PR by investment basically requires utmost awareness to speed up your residency.

Here, we take you through all you should know about the EB-5 Visa, steps involved in its application, and how one can get US citizenship by investment.

What is the EB-5 Investor Visa?

The EB-5 Investor Visa, established in 1990, had been a means of attracting foreign capital and job opportunities for the workforce in the United States. It provides an avenue of permanent residency- a Green Card for those who invest in an American business and create at least 10 employment opportunities. 

The program also allows investors to include a spouse and unmarried children under 21 years, thus enabling their entire family to move to the United States.

This major attractiveness of the EB-5 Visa, however, is basically because it does not require employer or family sponsorship-a way to directly head toward attaining efficient USA PR by investment.

Investment requirements for an EB-5 Visa

To be eligible for the EB-5 Visa, you must invest in a minimum sum of money. 

The minimum investment amounts you’ll be required to invest include:

• $800,000: Investments in Targeted Employment Areas, which are rural areas or those with high unemployment.
• $1.05 million: Investments in non-TEA locations; that is, urban centers or developed areas.

The investment must be made in a new commercial enterprise that is able to create jobs for U.S. workers.

Direct Investment vs. Regional Center

There are two ways to invest under the EB-5 program: direct investment and regional centers. Each option has its potential benefits:

Direct Investment

It targets people who would want to invest in or create their own businesses in the United States. You would have to head the business and make sure that it creates the 10 jobs that are required of it. This would be a perfect direct investment for those who want to have an active role in running a company or its day-to-day affairs.

However, direct investment also requires more hands-on involvement, and you bear the responsibility for meeting the job creation requirement.

Regional Centers

A regional center is a government-approved organization or agency that pools investments from a number of investors together for larger-scale projects like real estate or infrastructure. You could be said to meet the EB-5 requirements through passive investment in a regional center, with them handling both the creation of jobs and project management.

Most of the investors in EB-5 go this route because it is less risky, and the creation of jobs requirement is left to the center.

Job creation requirements

One of the most critical factors in the EB-5 visa is the job creation requirement. It goes without saying that your invested money has to create at least 10 full-time jobs for U.S. workers in two years once you get your conditional Green Card. This could be considered the Make or Break factor in your application.

• Direct Jobs: These are the jobs created directly by the business that you invest in.
• Indirect Jobs: These are the jobs created indirectly through the overall economic growth that your investment stimulates. This might be a related job industry or even a supplier.

Accordingly, for a regional center investment, both direct and indirect jobs count toward meeting this requirement, which is another reason many investors opt for regional centers.

Steps to get PR in USA by Investment

Here’s a step-by-step guide to applying for the EB-5 Visa:

• Filing Form I-526 (Immigrant Petition by Alien Investor): The first step is filing Form I-526 with U.S. Citizenship and Immigration Services (USCIS). This petition outlines your investment and job creation plan and proves that the investment funds were obtained legally.
• Approval and Conditional Green Card: Once the I-526 petition is approved, you and your family can apply for a conditional Green Card, which is valid for two years. During this period, you must prove that your investment is progressing according to plan and that jobs are being created.
• Filing Form I-829 (Petition by Investor to Remove Conditions): Before your conditional Green Card expires, you’ll need to file Form I-829 to remove the conditions and obtain permanent residency. This petition includes proof that your investment created the required jobs and that the capital remained invested.
• Permanent Green Card: Once Form I-829 is approved, you and your family will receive permanent Green Cards, allowing you to live, work, and study anywhere in the U.S.
• Path to U.S. Citizenship: After holding a Green Card for five years, you can apply for U.S. citizenship by investment. This involves fulfilling basic requirements, including residency, passing a language test, and demonstrating knowledge of U.S. civics.

Processing Time and Challenges

Processing times for the EB-5 Visa can vary. Here’s an overview of the timeline:

• I-526 Petition: Processing takes around 18-24 months.
• Conditional Green Card: After approval, receiving a conditional Green Card takes 6-12 months.
• I-829 Petition: The removal of conditions (Form I-829) typically takes 12-24 months.

It’s also important to note that investors from countries with high application volumes, like China and India, may face longer processing times due to visa backlogs.

Benefits of the EB-5 Visa

The EB-5 Visa provides several benefits that make it one of the most attractive pathways to USA PR by investment:

Direct Path to U.S. Citizenship: Investors can apply for citizenship after five years of holding a Green Card.

• Family Inclusion: Spouses and children under 21 are included in the application, so the entire family can move to the U.S. together.
• Freedom to Live Anywhere: Once you have a Green Card, you can live and work in any state in the U.S.
• Access to Education and Healthcare: Green Card holders have access to the same benefits as U.S. citizens, including education and healthcare.

Risks and Considerations

While the EB-5 Visa offers a hassle-free path to U.S. residency, there are risks involved:

• High capital requirement: It involves a much higher amount of investment that may not be feasible for all.
• Business risk: If the business or project you invest in does not go as projected, this may impact your job creation and meeting the requirements for EB-5.
• Delay in the processes: Some are delayed due to their country of origin. Others experience delays as a result of backlogs in the current immigration visa application process or changes in U.S. immigration policy.

FRR Immigration is here to help!

EB-5 visa, in its very essence, is a process that requires professional planning and advice. FRR Immigration has far-reaching experience in assisting investors in obtaining USA PR by investment. Starting with the choice of investment, going to the preparation of documents, and ending with submission, we ensure your EB-5 application is as smooth and successful as possible.

Our team assists you with every step of the process, ensuring your investment meets U.S. Citizenship and Immigration Services (USCIS) requirements and that your petition is properly filed. If you’re ready to explore US citizenship by investment, let FRR Immigration help you get started.