Key advantages for obtaining of EB-5 visa
1.
2. Expedited petition approval for investments in rural area projects.
No requirements regarding age, education, profession, or language proficiency.
3. Visa holders have the right to live, study, work, or start a business anywhere in the United States.
4. Children of visa holders may attend educational institutions at tuition rates available to U.S. residents.
5. The ability to enter and leave the United States multiple times.
6. After 2 years, the investor and their family may obtain permanent U.S. Green Cards.
EB-5 is suitable for individuals who are prepared to invest a minimum of $800,000 in a regional center project or $1,050,000 to establish their own company in the United States.
Requirements:
-Invest from $ 800,000;
-Prove the legality and traceability of the invested funds;
-Create 10 new jobs;
-Provide a detailed business plan;
-Prepare an investment memorandum and other documents.
Important: in the case of investment into a Regional Center project, the investor is responsible for fulfilling only the first two points. Fulfillment of the remaining requirements is undertaken by the Regional Center.
Processing Times:
EB-5 petitions are reviewed within 2–3 years; exact processing times depend on the workload of the Immigration Service. However, projects located in rural areas are subject to expedited processing and have recently been reviewed within 6–12 months.
If the investor files a petition from within the United States (adjustment of status), then during the entire period of petition review, the applicant and their family receive authorization to work in the U.S., as well as permission to depart and re-enter the country.
Obtaining Citizenship:
In the event of EB-5 petition approval, the applicant receives a conditional Green Card valid for 2 years. After 21 months from receiving this Green Card, the attorney files Form I-829 to remove the conditions on permanent resident status (obtaining a permanent Green Card).
Documents for obtaining U.S. citizenship may be filed 5 years after receiving the conditional Green Card.
Additional Information:
If the client decides to obtain EB-5 through adjustment of status within the United States, they must be prepared for the fact that for approximately 8–10 months they will be unable to leave the country (until all authorization documents are received);
Reduced processing times for rural area projects make such projects significantly more attractive than others.
What Should You Know About Regional Centers in the United States?
An EB-5 Regional Center is a public or private economic enterprise in the United States that participates in promoting economic growth. Regional Centers are registered by U.S. Citizenship and Immigration Services to participate in the Immigrant Investor Program.
The advantage of such a center is that it allows the creation of indirect jobs. In this way, the centers help EB-5 investors and project developers reduce the complexity of meeting the job creation qualification requirements under the program rules.
Regional Centers are assistants for those who wish to make direct investments into already existing projects. They operate according to the following principle: all received funds are invested into a large-scale project that is projected to be economically successful.
5 Steps to the Visa
to Begin Your Immigration Process
Step 3
Together with the supporting documents and evidence, file an application for participation in the program using Form I-526E, “Immigrant Petition by Regional Center Investor.”
Step 2
Collect the required package of documents and prove the lawful source of the invested funds.
Step 1
Choose a method of participation in the EB-5 program:
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Opening your own business in the United States;
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Contacting regional centers to select a suitable project. 95% of investors choose this option.
Step 5
Extend the validity of your Green Card by filing Form I-829, “Petition by Investor to Remove Conditions on Permanent Resident Status.” After approval of this petition, you will receive a permanent Green Card.
Step 4
If you will get approval of your visa, you and your family members will receive conditional Green Cards valid for 2 years with the possibility of extension.
EB-5: Latest Changes in Legislation
On March 11, 2022, the U.S. Congress adopted a new law regulating the EB-5 program and Regional Centers. The main change was the increase of the minimum investment amount to $800,000 for projects located in targeted employment areas or rural areas, and to $1,050,000 for all other projects.
In addition to increasing the amount required for participation in the program, the new law introduced a number of other changes to the program. For example, from now on only the Immigration Service will determine targeted employment areas (previously this was handled by the states). Technical innovations regarding the activities of Regional Centers were also introduced, and new fees were added.
The most desired innovation for investors is the possibility for investors and their families to remain in the United States during the entire period of petition review (which today takes about 30 months). Moreover, filing an EB-5 petition also grants the right to obtain work authorization and visa-free entry/exit during the entire waiting period for the petition decision. In essence, the mere filing of an EB-5 petition provides the investor and family with the same rights as those held by a Green Card holder. Previously, such an option did not exist, and investors had to come to the United States on a tourist visa or look for other visa categories allowing them to remain in the country during the waiting period for the EB-5 decision.
The new law provides for the possibility of expedited processing of petitions for projects in rural areas (areas with a population of fewer than 25,000 people). Exact expedited processing times are not specified, but in 2023 there were actual cases where such petitions received approval within 6 months, and sometimes even within 2–3 months.
The timelines for return of funds have also been reduced. Whereas previously the funds could not be returned to investors until the moment they applied for a permanent Green Card (usually 4 years), the law now states that the funds must remain in the project for 2 years. Therefore, developers have begun offering projects with investment periods shorter than the previous 5–7 years.
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