The EB-5 Visa Program was introduced by the US Congress in 1990.
This route enables Immigrant Investors to secure US permanent residency (Green Card) via a $800,000 investment.
Such funds must be invested in government-approved projects, with the right to release the investment in the future.
Whole family eligibility includes the applicant’s spouse and unmarried children under 21 years. All family members qualify for a Green Card, and the right to live, work and study in the USA.
After holding a Green Card for five years, EB-5 applicants may apply for citizenship.
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US citizens may travel without a visa to over 185 countries worldwide, including the EU & UK. Green Card holders can visit several countries without a visa, including Mexico and Canada. US Residents can travel internationally with their Green Card provided they are travelling to a country offering the same rights to Green Card holders as to American citizens.
To qualify for the EB-5 Visa route, the main applicant must invest a minimum of $800,000 in a US business.
The investment must directly create ten full-time jobs, and the money must remain at risk throughout the process.
Most successful EB-5 investments are made through a Regional Center; a USCIS-approved economic entity that covers a specific jurisdiction. Most Regional Centers are real estate developments, with the capacity to generate job vacancies for the EB-5 program.
Investing through such a center relieves the EB-5 investor from the responsibility of running the business and meeting job creation requirements – the center handles these requirements alongside the day-to-day business.
EB-5 is a multi-step process administered by the United States Citizenship and Immigration Service (USCIS). Astons’ focus is to provide a hassle-free and seamless service, assisting you every step of the way from initial consultation to successful US Residency/Citizenship acquisition.
We will guide you through the EB-5 visa process with due diligence and care, ensuring that your application is submitted correctly and followed through to application approval.
Astons’ immigration advisors will evaluate each investor’s personal circumstances and guide them through each of the EB-5 program stages, helping to select the right Regional Center, and a suitable business to invest in.
Once the EB-5 investor has selected the right project, investment funds must be transferred into an escrow account.
To establish an investor’s eligibility for classification as an EB-5 Immigrant Investor, our expert immigration lawyers will file the initial application, called the I-526 petition, with the USCIS.
The I-526 petition must provide proof of investment and verify that the enterprise will create the necessary number of jobs.
If the I-526 petition is approved, Astons proceed with the documentation for a two-year Conditional Green Card. If the I-526 petition is denied, then investment funds are returned in accordance with the terms of the Regional Center partnership agreement.
Once an applicant has been approved as an EB-5 investor, they and their qualifying family members receive Conditional Green Cards valid for two years, and must enter the US within 180 days if not already present.
The final step in the EB-5 visa process is to become an unconditional permanent resident by removing the two-year conditional status. Between months 22-24 of the EB-5 investor conditional period, Astons’ immigration lawyers file the I-829 petition. This is supported with documents to prove that EB-5 visa requirements have been met and at least 10 jobs have been created.
The investor and eligible family members receive a permanent Green Card if the I-829 petition is approved.
All applicants including the investor, their spouse, and unmarried children under the age of 21 may then permanently live and work in the United States and may apply to become US citizens after a five year period from the date initial conditional residency began.
Information made available on this website in any form is for information purposes only. It is not, and should not be taken as advice. You should not rely on, or take or fail to take any action based upon this information. Please do not disregard professional advice or delay in seeking advice because of something you have read on this website. Astons professionals will be pleased to discuss any specific questions you have.
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