From Dreams to Reality: A Comprehensive Guide to EB-5 Program Requirements for U.S. Residency


Posted July 26, 2023 by MyGlobalCitizenship

If you've ever thought of living in the United States to pursue new opportunities, a better quality of life, and a chance to prosper, then EB-5 VISA Prgoram is there to convert your dream into reality.
 
If you've ever thought of living in the United States to pursue new opportunities, a better quality of life, and a chance to prosper, then EB-5 VISA Prgoram is there to convert your dream into reality. The EB-5 Program offers a unique opportunity to make your American dream come true through investment and job creation. By understanding the requirements and carefully selecting the right project, you can take the first steps toward becoming a U.S. resident.

EB-5 VISA Program
The EB-5 visa program, which was introduced in 1990, was intended to grant green cards to foreign people who participate in economic development in the United States, particularly in low-income areas. While the program requires a minimum investment of $1 million, investors in rural areas or areas with substantial unemployment can make a $500,000 investment.

Requirements for EB-5 VISA
Meeting the minimum capital requirement is the first step toward entering the United States. You have two appealing options: invest at least $800,000 in a TEA or $1.05 million outside of TEAs.

As you spread the seeds of investment your investment has to create at least 10 new full-time jobs. These prospects must bloom and develop for at least two years before they may spark growth and prosperity in the United States.

Your investment should gain approval from the United States Citizenship and Immigration Services (USCIS).

The organizations in which you will invest must be “for profit” new commercial organizations established after 1990.

Your investment will be considered "at-risk", which means that no one is liable if you face any loss in the fund you invested.

Investment Opportunities for Your American Dream
With an investment of $800,000, you can venture into a Targeted Employment Area (TEA), These are the rural areas or regions with high unemployment, creating a wonderful chance to invest in government-approved programmes.

For Indians, You have to make an investment of 8.0 million or 6.11 million rupees in Indian money. The application fee for I-526 petition is roughly $279,162, the application fee for I-485 is approximate ₹86,394, and the petition fee for I-829 is approximately ₹283,688.

Financial Requirement for Indian Applicants
To get a smooth EB-5 Visa Process, Indian investors, whether married couples or individuals, must hold a net worth of at least US $1.05 million.

Indian investors should earn a minimum of $200,000 or $300,000 in the two preceding years.

A comparable amount of future income and assets is critical in addition to the current financial situation. This estimate demonstrates your capacity to retain financial stability and make a profitable investment in the United States.

Who can Apply for the EB-5 VISA Program?
The EB-5 Visa Programme welcomes investors of all ages and encourages families to work together to achieve the American Dream. Minors can have their parents or guardians invest on their behalf, and children under 21 can seek permanent residency alongside their parents.

How Indians can apply for the EB-5 VISA Program?
The first step is to find reliable advisors to help you. An Investment Advisor will assist you in identifying a suitable EB-5 project that meets the program's requirements, while an Immigration Lawyer will assist you with your I-526 application to USCIS.

Following that, you must invest in your chosen EB-5 project and complete the I-526 application with USCIS. Applicants must also submit verification of their investment funds and complete program requirements with the assistance of their advisors.

If all goes as planned and the I-526 application is approved, the applicant will be granted a 2-year conditional Green Card, allowing him to live in the United States.

As your two years come to an end, you can file the I-829 petition to remove the conditions on your Green Card and gain permanent status.

Reasons for getting denied in VISA Application
One of the most common hurdles that applicants face is providing extensive documentation to prove the source of their investment funds. Applicants are not willing to share their financial information with the U.S. government.

Another reason is that Applicants with previous visa violations, outstanding public charges, or past convictions for serious crimes may face challenges in their EB-5 Visa application.

Job creation is a critical aspect of the EB-5 Visa application process. If USCIS has doubts about your business's ability to meet the job creation requirements, then it might also become the biggest challenge in the EB-5 visa process.

EB-5 VISA Processing Time
As per May 2023 guidelines, the processing time for this stage ranges between 24 to 36 months, For investors already present in the USA, the I-485 processing time is the next step in your journey. Depending on the service center, this stage takes between 7 to 29 months.

What will be the EB-5 fees in the future?
The final rule's inclusion of proposed fee hikes from January or any revisions based on comments received is yet to be determined.In the meantime, USCIS is set to celebrate this July Fourth by welcoming over 5,500 new citizens through more than 180 naturalization ceremonies between June 30 and July 7. In the fiscal year 2022, the agency welcomed 974,000 new U.S. citizens. As of June 7, 2023, the agency has received 588,900 new U.S. citizens and has made significant progress in reducing naturalization pending queues.
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Last Updated July 26, 2023