Key Matters You Should Know about the EB5 Visa  

An EB5 visa is a great option for investors and company owners who want to get a green card and live in the US. With an EB-5 visa, you may temporarily or permanently settle in the US and work legally. Furthermore, you and your spouse or children may be eligible for green cards under the EB-5 program.  

What Is the EB-5 Visa?  

Anyone looking to invest in or start a business in the United States may apply for an immigrant visa under the Enterprise Immigration Program (EB-5). To be eligible for an EB-5 visa, you must make a minimum investment of $1,050,000 in a US-based firm. You may be able to spend as little as $800,000 if your enterprise is in a “targeted employment area,” which refers to economically difficult places. 

The firm receiving the investment must not only achieve the required amount but also create 10 full-time jobs for American workers. In addition, the firm must be for-profit. The EB-5 program does not apply to not-for-profit enterprises or real estate investments.  

What Are the EB-5 Steps?  

There are four main steps to the processing of an EB-5 visa application. 

  • Applicants must choose which US business entity best suits their investment needs.  
  • The second stage requires applicants to spend the necessary funds in the chosen business and file an I-526 petition.  
  • After obtaining conditional permanent residency, the applicant can visit the US for two years to manage their investment. Before the applicant can receive two years of conditional permanent residence, they must approve the I-485 application for investors currently in the US and the DS-260 application for investors outside the US.  
  • Finally, after two years, the applicant must submit the I-829 application to show that they have met all of the requirements for the EB-5 program. If their I-829 application receives approval, EB-5 investors can obtain permanent residency without any restrictions. 

Timeline  

The time it takes to complete an EB-5 application could vary. Form I-526 represents the first petition, which could take 47 to 71 months to complete. After getting this far, the applicant needs to see whether a visa is still available. Applicants pursuing EB-5 visas are not currently subject to any waiting periods.  

The green card application process, including consular processing, may take four to six months if the applicant lives outside of the nation. However, if the applicant is a US resident, the decision-making process for the Adjustment of Status might take anywhere from seven and a half to forty-five and a half months. The reason is that each service center has its unique decision-making timeframe.  

The Role of Regional Centers  

There are two methods to participate in the EB-5 Immigrant Investor Program: direct investment or investment via a regional center. The bulk of investors opt to invest via a regional center since it offers several advantages. According to EB-5 statistics, Regional Centers issued 96% of all EB-5 visas awarded in FY2019.  

Signs of Frauds  

If an investor and their immediate family members invest through the EB-5 program, they may be eligible to apply for a conditional visa. However, there is no guarantee that the USCIS will grant the visas or eventually remove the restrictions on their immigration status. Any attorney or partner from the Regional Center who makes such claims is likely trying to deceive you.  

When an applicant’s eligibility standards aren’t met, their application will be rejected after a comprehensive review by USCIS. The US Securities and Exchange Commission (SEC) has issued a red flag list regarding EB-5 investment scams. You may use this list to learn more about how to spot scams.  

Can I Use Cryptocurrencies to Finance My Investment?   

While investors may explore using Bitcoin to finance an EB-5 investment, they should be aware of a few issues and considerations before making this move.  

Proving that you are the rightful owner of any cryptocurrency earnings and that they were acquired lawfully is of the utmost significance. Aside from proving the legitimacy of the funds and proving your ownership of the Bitcoin assets, these documents are crucial.  

One of the several issues with using cryptocurrencies as a means of financing is the common association of anonymity with digital currencies. While cryptocurrencies can provide some anonymity, it is still crucial to be forthright about where the funds are coming from and address any concerns over the legitimacy of the assets.   

Final Words 

The EB-5 program is one of the easiest ways to get a green card in the United States, even though there are several alternative options. An EB-5 visa is an extremely enticing option since it imposes no restraints or restrictions and allows the investor’s whole family to be eligible for permanent residency.  

Furthermore, it is a fantastic solution for overseas investors seeking to ensure the security of their cash. Furthermore, the United States offers several benefits to overseas investors, making it easier to develop investments in the country.