Investing in the USA can be a thrilling opportunity, but it requires careful planning and understanding of the rules.
The US government offers a special visa program for foreign investors, known as the EB-5 visa, which allows them to live and work in the country.
To qualify for the EB-5 visa, you must invest at least $1 million in a US business that creates at least 10 new jobs for American workers.
This investment can take many forms, including starting a new business, investing in an existing one, or even buying a hotel.
What is an Investor Visa?
An investor visa is a type of visa that allows foreign nationals to live and work in a country in exchange for investing in its economy. The United States has a program called the Immigrant Investor Program, also known as the EB-5 Visa.
This program is designed to attract foreign investment to the US and create jobs for American workers. To qualify, you'll need to invest a significant amount of money in a US business that meets certain criteria.
The EB-5 Visa is a popular option for those looking to gain residency in the US, but it's not a straightforward path to citizenship. You'll need to live in the country for a number of years before you can request naturalization and gain citizenship.
The investment amount required for the EB-5 Visa can vary depending on the location and type of business, but it's typically around $1 million. This investment must be made in a new commercial enterprise that creates at least 10 jobs for US workers.
Eligibility and Requirements
To qualify for an investor visa, you'll need to meet specific requirements. The EB-5 program requires a minimum investment of $1,050,000, although it's reduced to $800,000 if your investment is in a Targeted Employment Area (TEA).
To become an E-2 treaty investor, you'll need to be a citizen from one of the treaty countries and make an investment of roughly $100,000. The EB-5 Visa requirements are more complex, involving creating at least ten full-time jobs and a minimum capital investment of $800,000.
To be eligible for an E-2 visa, you must be a citizen of a treaty country, and your investment must be substantial, with a real and operating enterprise. You must also have control of the funds and intend to develop and direct the enterprise.
What Are?
To be eligible for a US investor visa, you'll need to make a qualifying investment in a new commercial enterprise that creates or preserves at least 10 full-time jobs for qualifying U.S. workers. This is a key requirement for the EB 5 immigrant visa.
In some cases, the investment amount can be lower, at $800,000, if the investment is made in a targeted employment area.
The EB 5 visa requires a minimum investment of $1.8 million, a substantial amount that can be a challenge for some investors.
There are two main types of US investor visas: the EB 5 (Immigrant Visa) and the E2 (Non-immigrant Visa). The EB 5 visa is for immigrants who want to live and work in the US, while the E2 visa is for non-immigrants who want to work in the US temporarily.
To qualify for the E2 visa, you'll need to make a substantial investment in a bona fide enterprise and be actively involved in business operations.
Here are the minimum investment amounts for each visa type:
Eligibility
To be eligible for a visa, you'll need to meet certain requirements, which vary depending on the type of visa you're applying for. For E-2 treaty investors, you must be a citizen of a treaty country.
The EB-5 Visa requirements are more complex, with a focus on creating jobs and investing a significant amount of capital. To qualify, you must create at least 10 full-time jobs for US workers, excluding yourself and your family members.
The investment amount for EB-5 is substantial, with a minimum of $800,000 required. This can be invested directly or through a regional center. If you're investing through a regional center, the jobs created don't need to be directly at the business, but can be indirectly created in the larger economy.
Here are the basic requirements for E-2 investors:
- Nationality: You must be a citizen of a treaty country
- Investment must be substantial
- Enterprise must be real and operating
- Investor must have control of the funds, and investment must be “at-risk”
- Investor must have controlling interest, and intend to develop and direct the enterprise
- Enterprise must be more than marginal
For EB-5 investors, the requirements are more detailed, including investing in a "new" commercial enterprise and engaging in the day-to-day operations of the business. The investment amount is also significant, with a minimum of $1 million required, although this can be reduced to $500,000 if the business is located in a targeted employment area.
Building a Case
If you have an entrepreneurial drive to execute and access to a modest amount of capital, you can potentially build an E-2 case. You must be a national of an E-2 treaty country.
A strong E-2 case tells a compelling story, which is as much a sales pitch as it is a legal case. The business plan must convey the entrepreneurial spirit of the investor.
The business plan and analytical cover letter must be concise and organized. Presentation is important in making a good impression.
Application Process
The EB-5 visa application process is a multi-step process that requires careful planning and preparation. To start, you'll need to submit Form I-526 (Immigrant Petition by Alien Entrepreneur) to USCIS with evidence of your investment and job creation plans.
The application process involves several key steps, including filing Form I-526, applying for a visa, and attending an EB-5 visa interview with a consular officer. You'll also need to undergo background checks and a national security screening process.
Here are the key steps in the EB-5 visa application process:
- Filing Form I-526
- Visa Application (either Form I-485 or DS-260)
- EB-5 Visa interview
- Conditional Green Card
- Removal of Conditions (I-829 petition)
- Permanent Green Card
It's essential to note that the EB-5 visa application process can be complex, and it's crucial to thoroughly research Regional Centers and investments, and prepare well for your visa interview to avoid common reasons for rejection.
EB-5 Application Process
The EB-5 application process is a complex and multi-step process. First, you'll need to file Form I-526, the Immigrant Petition by Alien Entrepreneur, with evidence of your investment and job creation plans.
To qualify for the EB-5 visa, you'll need to invest at least $800,000 in a commercial enterprise in the United States, or through a regional center. The investment must create at least 10 full-time jobs for US workers, excluding the investor and their family members.
You'll also need to meet the lawful source of funds requirement, which means you'll need to provide a complete accounting of the source of your investment funds, back to their original acquisition by you. This can be a challenging task, so it's essential to work with an experienced EB-5 immigration attorney who can guide you through the process.
Here are the key steps in the EB-5 application process:
- Filing Form I-526 with USCIS
- Visa application (either Form I-485 or DS-260)
- Visa interview with a consular officer
- Conditional Green Card (valid for 2 years)
- Removal of Conditions (file Form I-829)
- Permanent Green Card
It's also essential to note that you'll need to undergo background checks and a national security screening process as part of the application process.
To ensure a smooth application process, it's crucial to conduct thorough due diligence and answer important questions, such as whether you have the financial means to make the required investment, and whether you'll invest in a regional center or your own new commercial enterprise.
Time Requirements
You can expect your application to be processed within a specific timeframe.
Within 8 weeks of your application date, you'll receive a decision if you use the standard service. This is a general guideline, and processing times may vary.
If you opt for the priority service, you can expect a decision within 5 working days of your UKVCAS appointment. This is a significant reduction in processing time compared to the standard service.
You'll be contacted if your application is complicated and requires additional time. This might be due to issues with your supporting documents, a need for an interview, or concerns about your personal circumstances.
Start Date
So, you're getting ready to start your application process, and you're wondering what your 'investor start date' is. This is actually a crucial piece of information.
Your 'investor start date' can be either the date you came into the UK, if you have proof of this, or the date your original visa application or switch from a different visa category was approved, if you can't prove your date of entry.
To clarify, here are your options:
- The date you came into the UK (if you have proof of this)
- The date your original visa application or switch from a different visa category was approved (if you cannot prove your date of entry)
Investment and Fees
The investment and fees associated with investor visas can be overwhelming, but understanding the specifics can help you make an informed decision. The minimum investment for an E-2 visa is around $100,000, while for an EB-5 immigrant visa, it's between $800,000 to $1,050,000.
The E-2 visa has a relatively straightforward filing fee of $780, with an additional $2,805 for premium processing if requested. In contrast, the EB-5 visa has a more complex set of fees, including a $3,675 filing fee for the Form I-526, and an additional $345 visa application processing fee per person if applying from outside the US.
To give you a better idea of the total cost, here's a breakdown of the EB-5 visa fees:
It's worth noting that these fees are in addition to the investment amount, and can add up quickly.
Regional Center Program
The Regional Center Program is a popular option for immigrant investors seeking an EB-5 Visa. Over 90 percent of EB-5 Visa applications have been made by investors working with Regional Centers.
Regional Centers work with individual investors and their immigration lawyers, providing advice and helping to compile the necessary documentation throughout the EB-5 Visa application process. They also offer a convenient option for investors who plan not to be involved in the daily operation of the business.
As of April 2023, there are 640 approved Regional Centers in the United States. It's essential to do due diligence when selecting a Regional Center to invest with, as they will be responsible for managing your capital investment.
What Are the Differences?
The Regional Center Program is a great option for those looking to secure a Green Card through investment. The EB-5 Visa is a good choice for those seeking lawful permanent resident status.
The E-2 Visa is a nonimmigrant visa, while the EB-5 Visa is an immigrant visa that provides a pathway to a permanent resident permit. This means that with an E-2 Visa, you can only stay in the US temporarily, whereas the EB-5 Visa allows you to live in the US permanently.
The E-2 Visa is only available to people of some nationalities, depending on whether their country has an E-2 treaty with the US. On the other hand, the EB-5 Visa is open to everyone.
The EB-5 Visa requires a minimum investment of $800,000, while the E-2 Visa has no minimum investment threshold. You just need to make a substantial capital investment.
Here's a comparison of the two visas in a nutshell:
The EB-5 Visa has a job creation requirement, which means that you must create at least ten full-time jobs for US citizens or lawful permanent residents. In contrast, the E-2 Visa has no job creation requirement, but your business must not be marginal or idle.
The E-2 Visa has a faster application processing time, with some applications being processed in as little as 15 days. In contrast, the EB-5 Visa takes up to two years to be approved.
With an E-2 Visa, you can only work for the E-2 company as the principal investor. With an EB-5 Visa, you can work for any company.
Regional Center Program
The Regional Center Program is a popular option for immigrant investors looking to obtain an EB-5 Visa. Over 90 percent of EB-5 Visa applications have been made by immigrant investors working with Regional Centers.
Regional Centers can help make the job creation requirements easier to meet, allowing your investment to create ten jobs either directly or indirectly. This is a significant advantage for investors who want to be mobile in geographical terms or whose business venture may not be capable of creating ten direct jobs for US citizens and lawful permanent residents from the start.
As of April 2023, the United States Citizenship and Immigration Services had approved 640 Regional Centers. It's crucial that you do due diligence when selecting which Regional Center to invest with, as they will be responsible for managing your capital investment.
Working with a Regional Center can also provide you with advice and help you compile the necessary documentation throughout the EB-5 Visa application process. They work closely with individual investors and their immigration lawyer(s) to ensure a smooth process.
Here are some key facts to keep in mind when considering the Regional Center Program:
Frequently Asked Questions
Which country is best for an investment visa?
For an investment visa, Portugal and UAE are popular options, offering attractive residency by investment programs with various benefits and requirements. Both countries have their unique advantages, and the best choice depends on your individual goals and circumstances.
How much to invest in us to get PR?
To become a permanent resident in the U.S. through the EB-5 Investor Visa, you'll need to invest at least $1,050,000 in an American business or $800,000 in a Targeted Employment Area (TEA). This investment is a crucial step towards obtaining a Green Card and starting a new life in the United States.
Sources
- https://www.globalcitizensolutions.com/investor-visa-usa/
- https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program
- https://fr.usembassy.gov/visas/treaty-trader-e-1-and-treaty-investor-e-2-visas/
- https://cbkimmigration.com/employment-based-immigration/e-visas-for-entrepreneurs/
- https://www.gov.uk/tier-1-investor/extend-your-visa
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