The EB-5 Visa is an attractive option for those who want to establish themselves in the United States through investments and obtain all the benefits of a Permanent Resident. Furthermore, it is also the first step to obtaining citizenship.
Administered by the United States Citizenship and Immigration Services (USCIS), the EB-5 Program is a Federal project created by the US Congress that allows investors from around the world to obtain the desired Permanent Residence or Green Card through substantial investments that support the economy and contribute to job creation in the country.
Due to the above, entering the EB-5 Program is not easy and requires some specific requirements, which The Dworsky Law Firm can navigate you through.
Eligibility Requirements for the EB-5 Program
Locating a project with the requirements established in the program is the first step to request the EB-5 investor visa. Once the project is selected, The Dworsky Law firm will submit the application to enter the program.
In this step, an investment of 800,000 USD must be made, and the origin of the capital used must be made transparent, for which you must have a source and route of funds. Once the first form is approved, the applicant must present a second document known as Form I-485 which allows you to obtain immigration status to reside in the USA while obtaining the Green Card. After this period, the investor is may apply to adjust his/her immigration status from non-immigrant status to Permanent Resident statues.
The average time to obtain the Green Card is two to three years, depending on how quickly the investor can obtain the requested documents. But if the investor is already in the US with another immigration status, they can access the benefits of the Green Card just three months after entering the program.
Financing options:
The investment amount is a central aspect of the EB-5 program and can originate from a variety of sources. From personal income to loans, gifts or inheritances, investors have flexibility.
Opting to participate in USCIS-designated Regional Centers is a common route, as it simplifies the process by offering pre-approved projects and solid financing structures.
Employment generation:
Job creation is a critical piece of the EB-5 puzzle. It is required to demonstrate that the investment has generated at least 10 direct full-time jobs for qualified workers within a period of two years.
Participation in Regional Centers allows investors to count not only direct jobs but also indirect and induced jobs, providing a broader and more realistic perspective.
Does the EB-5 investor get the money back on his investment?
Capital recovery is a vital aspect for investors to consider, which is why there have been numerous financial-related analyzes and studies on whether investors in an EB-5 project recover their investments.
The short answer is yes, investors get their investment back. There are two cases, in the first, it occurs within a time established from the beginning, which is usually between 5 and 6 years. In the second, there is no stipulated time and it will depend on the speed of the project, so it may even occur before the normal period.
Additionally, in most cases, EB-5 investors earn significant returns on their investments. So, EB-5 investors can be assured that the capital used will be returned in full.