In the quest for a secure future in the United States, many people are troubled by endless lists of complicated visas and waiting times. If you are an investor in India, you have to consider the difficulty of establishing real security for your family on the other side of the Atlantic. For this situation, the EB-5 Immigration Program provides a fresh, different route from that employed by other blogs. Rather than a track that involves employment or family sponsorship, this route provides US Residency by Investment – a tremendous tool that transforms your investment into US permanent residency by investment (the Green Card) for you and your immediate family. This pathway is a fast and clearly defined mechanism that offers a direct route for global investors to support a long-term future in the United States.
Understanding the US Residency by Investment
The EB-5 program was established by the U.S. Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. The core principle is that by investing a certain amount of capital into a qualified U.S. commercial enterprise, an investor, their spouse, and their unmarried children under the age of 21 can ultimately obtain permanent resident status. This program is a testament to the belief that foreign capital plays a key role in supporting local economies.
The Financial Requirements
The capital investment requirements for the EB-5 Immigration program were significantly updated as of the EB-5 Reform and Integrity Act of March 2022. Understanding these amounts is crucial for anyone looking to apply for EB-5 visa status.
Standard Investment: In order to be classified as an investor, you must invest a minimum of $1,050,000 in a new commercial enterprise that is not located within a Targeted Employment Area (TEA).
Targeted Employment Area (TEA) Investment: The minimum investment is lowered to $800,000 if made in a TEA. A TEA is defined as a rural area or an area of high unemployment (which is defined as at least 150% of national average).
Most foreign investors, including those considering the EB 5 visa from India, undertake this process in a TEA due to the lower capital investment requirement and the option to make an indirect job count contribution through a Regional Center, alleviating the requirement of the EB 5 visa having to create a total of 10 jobs. The lower EB 5 visa investor threshold of $800,000 in the TEA setting exposes the program to a wider and deeper investor base, especially for those seeking to create a presence in the United States.
It’s important to note that the funds must be placed “at risk” for the investment period, meaning there can be no guaranteed return of capital, and the source of all invested funds must be documented as lawfully obtained.
The Job Creation Mandate: A Core Requirement
The creation of jobs is a core tenet of the EB-5 US Residency by Investment program. An investor has to show that their investment of money will create or preserve at least 10 full-time jobs for qualifying U.S. workers, within two years of the investor’s admission into the United States as a Conditional Permanent Resident.
There are two primary ways to achieve this:
Direct investment: The commercial enterprise directly employs the 10 qualified U.S. workers. This approach is usually taken by investors who want to own and run their own U.S. business, playing an active role in the business’s day-to-day operations.
Regional Center Investment: This is the more popular route for investors who prefer a passive investment role. The investment is pooled with others in a government-approved Regional Center. Here, the job creation can be counted directly, or indirectly and inducement-based, meaning jobs created outside the commercial enterprise as a result of the project’s economic activity can be counted. This structure offers a less hands-on approach for meeting the mandate and is often the preference for those coming from India.
The ability to secure US permanent residency by investment rests heavily on successfully demonstrating job creation, which is a key focus of the final stage of the petition process.
The Step-by-Step Application Process
The application process for EB-5 visa status and subsequent US Residency by Investment is multi-layered and requires careful preparation, organization, and adherence to AAA strict guidelines. For example, the investor begins with either filing the Form I-526E, Immigrant Petition by Regional Center Investor (or Form I-526 for standalone/direct investment) with USCIS. The petition establishes the investor’s eligibility, the legality of the source of funds, and the sustainability of the commercial enterprise and a job-creation plan. Once approved and a visa becomes available for foreign national’s approved I-526 petition, applicants that completed I-526E petition will engage in Consular Processing for an immigrant visa (DS-260) if they are outside of the U.S. Applicants already legally present in the United States can engage in Adjustment of Status (For I-485) to become lawful permanent residents.
Conditional Permanent Resident Status: Whenever an immigrant visa or Adjustment of Status application is approved, an investor and their family are granted conditional permanent resident status for two years.
Removing Conditions: During the 90 days immediately preceding the two-year anniversary of receiving conditional resident status, the investor must submit Form I-829, Petition by Investor to Remove Conditions on Resident Status. The purpose of the petition is to show that the capital requirement was fully invested and sustained, and 10 full-time jobs were created and/or sustained. After approval of the petition, the investor and family will receive unconditional US permanent residency by investment (10-year Green Card).
Benefits of US Permanent Residency by Investment
Opting for the EB-5 immigration program is not simply an investment; it is an investment in a safe and international future. The value of a Green Card is significant:
Freedom to Live and Work: With a Green Card, holders can live, work, or retire wherever they choose in the U.S., without the limits of typical employment visas. They can establish or buy their own business more easily.
Education Possibilities: Green Card holders have access to public primary and secondary schools and often qualify for in-state tuition rates at public colleges and universities. In-state tuition rates can save a significant amount on a four-year degree and can offset some of the original cost of the EB 5 visa application fees.
Becoming a Citizen: After five years of continuous lawful permanent residency (counting conditional and un-conditional status,) the investor and family can apply for citizenship, provided that all other naturalization requirements have been met.
Includes Immediate Family: At the time the investor applies for their Green Card, their spouse and unmarried children under 21 receive their Green Cards at the same time, providing family unity and security.
The Opportunity for Indian Investors
The EB-5 visa program has become an increasingly popular avenue for Indian investors. The demand from certain countries has created visa backlogs in the past. The EB-5 Reform and Integrity Act of 2022 created ‘set-aside’ visa categories for investment projects in rural areas, high-unemployment areas, and infrastructure projects. The set-aside categories offer a much faster option for visa availability at this time. For Indian investors wishing to expedite their US Residency by Investment timeline, a set-aside project offered an opportunity for quicker visa availability. The selection of an investment project is now more important than ever.
How FRR Immigration Can Guide Your EB-5 Investment
Obtaining US Residency by Investment is a challenging experience that requires professional navigation and guidance. At FRR Immigration, we make this experience easier and more familiar for our client base in India. We appreciate the decision related to the US residency by investment costs is probably the most important decision a family will make.
We provide a range of customized services, including:
Due Diligence and Project Selection: We can provide our clients access to a vetted portfolio of USCIS compliant Regional Center projects, specifically targeted at the reduced $800,000 TEA investment option, advising clients that are thinking about US residency by investment on sound decision making to ensure compliance.
Expertise in Source of Funds Documentation: From experience, proving the lawful source of funds is often the most challenging aspect for applicants in the EB 5 visa from India process. Our expert team of legal and financial professionals will prepare this documentation in line with all USCIS requirements, which is critical to your I-526E petition approval.
Application Process Management: We will manage your application professionally from your initial filing of the I-526E to your I-829 petition to remove conditions. We will handle timelines, evidence, and everything needed for your EB-5 immigration program application process.
Strategic Visa Bulletin Analysis: We monitor the U.S. Department of State Visa Bulletin and provide you with advice on when is strategically the best time to apply for EB 5 visa status through our monitoring of the faster set-aside visa category available to you as an investor visa considering an EB 5 visa cost or EB 5 visa availability that Indian nationals might be considering.
Post-Submission Compliance: We will assist you in preparation for your conditional Green Card application stage after you apply, including helping you with the evidence you need to prepare before your I-829 petition to secure your unconditional Green Card.
Choosing the right partner is critical. Let FRR Immigration be your trusted advisor in achieving US permanent residency by investment.
Ready to explore the fastest route to the Green Card for you and your family? Contact FRR Immigration for a confidential consultation today.
Frequently Asked Questions (FAQ)
1. What is the minimum capital investment required for green card in USA through the EB-5 program?
A: The minimum investment is $800,000 if the capital is directed toward a project in a Targeted Employment Area (TEA), or $1,050,000 for a non-TEA project. This forms the primary part of the overall EB 5 visa cost.
2. Can I apply for EB-5 visa status if I am currently living in India?
A: Yes, absolutely. The EB 5 visa from India process is managed through the U.S. Consulate in Mumbai for applicants residing in India. Once your initial petition is approved, you will proceed with consular processing to receive your conditional Green Card visa.
3. Does the US Residency by Investment include my family?
A: Yes, the principal investor’s US Residency by Investment includes their spouse and any unmarried children under the age of 21. They receive their conditional permanent residency at the same time as the investor.
4. What is the difference between direct investment and investing via a Regional Center in the EB-5 immigration program?
A: A direct investment requires the investor to actively manage the business and prove direct job creation. A Regional Center investment is generally passive and allows for the counting of indirect and induced job creation, simplifying the process for securing us permanent residency by investment.
5. What are the main costs I should budget for beyond the investment?
A: The full EB-5 visa cost includes government filing fees (I-526E, I-485/DS-260, I-829), administrative fees charged by the Regional Center (if applicable), and professional legal and consulting fees for preparing the source of funds documentation and managing the application.
