The US EB-5 Immigrant Investor program is one of the fastest ways for foreigners to obtain a US visa. An investor is able to obtain US permanent resident status for himself and his family within 15 months. The program also offers flexibility to a foreign investor who may not be interested in obtaining US permanent residence status for himself but is interested in the program just for his children who are planning to study in the US.
The investor is not required to have any prior qualifications such as business experience, education level or English language ability. The only key requirement for the investor is that he or she has the required net worth and capital, prove that the funds are legal through proper documentation, and pass a security and medical check.
The principal applicant should be someone who can reside in the US longer. In some markets like Korea, for example, it is mostly the wife who applies as a principal applicant.
If the Husband intends to continue working in his home country and will not be residing in the US, the Husband should consider applying as a follow-to-join at a later date or should not apply for green card at all for the following reasons:
The police certificate is needed during consular processing after I-526 approval. However, it could be time consuming and difficult to obtain police certificates from some countries such as China, so the client should be informed in advance.
Although we do not provide consulting services for tax related matters, we advise EB-5 clients to consult with US tax specialists before obtaining green cards.
If you have a US green card, you are a lawful permanent resident of the US even if you live abroad. This means you are treated as a US resident for US income tax purposes, unless:
He/she should consider applying for a re-entry permit, which allows a permanent resident to reside outside of the US for 2 years without entering the US
However, in order to apply for re-entry permit, the following conditions have to be met.
Although the EB5 program is a federal government program, the US government does not provide any guarantees to investors in the event there is a default by the project developers in terms of the number of jobs created or payment back to the investors.
This is where the projects we offer have distinguished themselves significantly from other EB5 regional centers, and why our partners, CanAm Enterprises, have the best track record within the EB5 program. All their projects have similar characteristics:
It is for these and other reasons that our track since 2004 has been unsurpassed!
The net worth can be established from any legal source. Earnings from a business or real estate, sale of property, gifts, inheritance, stocks and bonds, the value of real estate including the family home, the value of the stock owned in the family business.
Based on current schedule by USCIS, the average processing time is about 15 months from the time the investor submits his or her I-526 petition to the time the US consular interview is completed.
The conditional green card has an expiration date of two years from the date issued. Investors can submit their I-829 petition as early as three months prior to the expiration date. The Regional Center will supply all supporting evidence regarding the limited partnership, capital investment and newly created jobs.
Under the regulations, an investor who is approved for the EB-5 immigrant visa receives "conditional" permanent residency, which is valid for a two year period. An "unconditional" permanent residency status is issued once USCIS receives documentary evidence just prior to the expiry of the conditional permanent residency that the investor has created 10 jobs through their investment in the project. Once unconditional permanent residency status is issued, the investor will no longer have to provide any further documentary evidence whatsoever when they need to renew their permanent residency status every 10 years. The renewal process of an unconditional permanent residency status is similar to renewing a passport. Outside of these differences, conditional and unconditional permanent residency status offers the same rights and privileges.
You need to enter the US within 180 days of receiving your visa at the United States overseas consulate office. The investor must then establish residency in the United States. Evidence of intent to reside includes opening bank accounts, obtaining a driver's license or social security number, paying state and federal income taxes, renting or buying a home. The United States resident may work overseas if required based upon the nature of the business or profession. For those permanent residents living outside the US, we suggest the investor and family re-enter the US no less than once every six months. The longer the investor and family are present in the US, the less likely the government is to claim that the investor "abandoned" the United States as a permanent residence, thereby endangering his green card status. In some cases, investors may apply for a "re-entry permit" which allows the investor permission to remain outside the US for as long as two years without having to re-enter the country to maintain permanent resident status.
There are two ways to become a US citizen. One is by being born in the US or being born to a US citizen. The other way is by naturalization. The first step in becoming a US citizen through naturalization is to become a Legal Permanent Resident (LPR). Being an LPR for 5 years is one of the basic requirements for qualifying the naturalization. A second requirement is being physically present in the US for 30 months, during the 5 years prior to the naturalization application. Once becoming a US citizen, an individual is entitled to benefits including the right to vote and hold public office.