The United States offers several types of visas for foreign nationals seeking to make investment-related activities within the country. The most common investment visa categories are the E-2 Treaty Investor Visa and the EB-5 Immigrant Investor Visa. Please note that immigration laws and policies can change, so it's crucial to consult with an immigration attorney or visit the official U.S. Citizenship and Immigration Services (USCIS) website for the most up-to-date information. We are not Immigration attorneys but can refer you to several who specialize in this process. Here are details on these two investment visa categories:
1. E-2 Treaty Investor Visa:
Eligibility: To qualify for an E-2 visa, you must be a national of a country that has a qualifying treaty with the United States. The investment must be substantial and at-risk, and you must be in a position to direct and develop the business.
Investment Amount: The specific investment amount required can vary widely but typically should be substantial in relation to the total cost of the business. There's no fixed minimum investment amount, but it should be enough to ensure the success and viability of the enterprise.
Type of Business: The investment should be made in a real and operating commercial enterprise. Passive investments like purchasing stocks or real estate typically do not qualify.
Job Creation: The business should create jobs for U.S. workers.
Application Process: The process includes filing Form DS-160, paying the visa application fee, and attending an interview at the U.S. Embassy or Consulate in your home country.
Duration: E-2 visas are typically granted for two to five years and can be renewed as long as the business continues to meet the requirements.
2. EB-5 Immigrant Investor Visa:
Eligibility: The EB-5 visa is an immigrant visa, which means it can lead to U.S. permanent residency (a green card). To qualify, you must invest a substantial amount of capital in a new commercial enterprise that creates jobs for U.S. workers.
Investment Amount: The minimum required investment amount varies depending on the location of the investment. As of the time of this article the standard minimum investment was $1.8 million, but it could be reduced to $900,000 if the investment is made in a targeted employment area (TEA), such as a rural area or a region with high unemployment.
Job Creation: You must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the immigrant investor's admission to the United States.
Application Process: The process includes filing Form I-526 (Immigrant Petition by Alien Investor) and attending an interview at a U.S. Embassy or Consulate if you are outside the United States.
Green Card: If your EB-5 visa is approved, you, your spouse, and unmarried children under 21 can obtain conditional U.S. permanent residency. After a period of conditional residency, you can apply to have the conditions removed, making it a permanent green card.
Can I invest in a property for an EB5 Visa?
Yes, you can potentially use an investment in a property to qualify for an EB-5 Immigrant Investor Visa, but there are specific requirements and considerations you must be aware of:
1-Investment Amount: As stated at the writing of this article the minimum required investment for the EB-5 visa program is typically $1.8 million. However, if your investment is made in a targeted employment area (TEA), where there is high unemployment or in a rural area, the minimum investment amount may be reduced to $900,000. TEAs are designated by the state government or are rural areas as defined by U.S. law.
2-New Commercial Enterprise: The investment must be made in a new commercial enterprise. This is an entity formed for the ongoing conduct of lawful business, including a sole proprietorship, partnership, corporation, or other for-profit business structures. Purchasing an existing property might qualify if you can demonstrate that your investment will result in substantial job creation or preservation.
3-Job Creation: One of the primary requirements of the EB-5 program is job creation. You must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the immigrant investor's admission to the United States. These jobs must be directly or indirectly related to the commercial enterprise in which you invested.
4-At-Risk Investment: Your investment must be at risk, meaning there is a chance of loss and a potential for gain. Passive investments, such as purchasing real estate for personal use or generating rental income without active involvement in a business, typically do not qualify but we do provide options of those that do as they arise.
5-Business Plan: You will need to develop a detailed business plan that outlines how your investment will lead to job creation or preservation and the growth of the commercial enterprise.
6-Source of Funds: You must demonstrate that the funds you are investing were obtained lawfully. USCIS will require evidence of the source of your investment capital.
7-Investment through a Regional Center: Many EB-5 investors choose to invest through an approved Regional Center. A Regional Center is an organization designated by USCIS to promote economic growth in a specific geographic area. Investments made through Regional Centers may have different job creation requirements and can be a more passive investment option.
8- Here are some examples of how you can invest in a property for an EB-5 visa:
Purchase a commercial property, such as an office building, retail store, or hotel.
Invest in a real estate development project that will create at least 10 jobs.
Purchase a property and renovate it into a commercial property, such as a restaurant or bar.
We can assist in finding you opportunities like these and work with your attorney on the process.
How long does the EB5 Visa process take?
The timeline for the EB-5 visa process can vary significantly depending on various factors, including your individual circumstances, the Regional Center (if applicable), and the current processing times at U.S. Citizenship and Immigration Services (USCIS). Here's a general overview of the EB-5 visa timeline.
1- I-526 Petition Processing (Investor's Petition):
Filing Form I-526, Immigrant Petition by Alien Investor, typically takes several months for USCIS to process. As of my last update, USCIS was experiencing significant processing delays. Processing times can vary, but it might take 29 to 61 months or more.
2-Adjustment of Status or Consular Processing:
After USCIS approves the I-526 petition, if you are in the United States, you can apply for adjustment of status to become a conditional U.S. permanent resident (green card holder). If you are outside the United States, you can go through consular processing at a U.S. Embassy or Consulate.
The time frame for this step can vary depending on your location and the workload at the specific USCIS office or U.S. Embassy/Consulate, but it may take several months.
3-Conditional Green Card:
If your application for adjustment of status or consular processing is approved, you will receive a conditional green card valid for two years.
4- I-829 Petition Processing (Removal of Conditions):
Within the 90-day period immediately before the two-year anniversary of obtaining conditional permanent residency, you must file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status.
The processing time for the I-829 petition can vary, but it may take 18 to 30 months or more.
5-Permanent Green Card:
If USCIS approves your I-829 petition, the conditions on your permanent residency are removed, and you will receive a permanent (10-year) green card.
Please note that these processing times are approximate and can change over time due to various factors, including USCIS workload, policy changes, and backlogs. It's crucial to check USCIS processing times regularly and consult with an immigration attorney who specializes in EB-5 visas to get the most current information and guidance specific to your case.
Additionally, some investors choose to go through the EB-5 program via a Regional Center, which may have a slightly different process and timeline. Regional Center projects often have job creation methodologies that can simplify the job creation requirement for investors. Be sure to discuss your options with your immigration attorney and the Regional Center, if applicable.
Please note that these are general guidelines, and specific requirements and procedures may change over time. Consult with an immigration attorney who specializes in investment visas to get the most current information and guidance tailored to your situation. Additionally, USCIS provides detailed information on their official website: https://www.uscis.gov/immigrant-investor-program.
If you are interested in this process of immigrating to the United States we have a great referral base of attorneys who specialize in this process and can assist in locating projects that meet the requirements for this. Please do not hesitate to contact us as we look forward to assisting in any way we can to make the process smooth. As always when you SEE IT and you LIKE IT you can OWN IT.
