EB-5 Immigrant Investor visas are available to individuals from overseas who are able to invest $1,000,000 (or $500,000 in limited circumstances) to create new business entities in the United States. Chinese investors who enter the United States on EB-5 visas have the opportunity to obtain permanent residence (also known as a "green card"). This process, known as immigration through investment, carries relatively few limitations in terms of education background, language ability, career track, or business management experience. Each year, approximately 10,000 new EB-5s visas are available to overseas investors. For some, the EB-5 visa is the fastest, least restricted way to immigrate to the United States.|
1) Definition of the EB-5 Visa
There are two kinds of EB-5 investments: direct and indirect.
A direct EB-5 investment must set up a brand new entity, and it must employ at least 10 American citizens, permanent residents, or other legal immigrants (not including the investor and immediate family) as full-time employees. An indirect EB-5 investment is one affiliated with a designated "regional center." Because the investments in regional centers do not need to be new business entities (though they must still create at least 10 new jobs), this option can be less complicated.
Designated "targeted employment areas" or "rural areas" require a lower investment amount than other areas. However, individuals considering immigration through investment should not only take the size of the investment into account; they should also consider how reliable the business entity is, how safe their capital will be, and whether the management team will be capable and honest. NGISC helps clients find the information that they need to make the right decisions.
Individuals applying for EB-5 visas must complete the following steps:
• Initial consultation for the investor with an expert at NGISC;
• The investor prepares all necessary application materials;
• The investor acknowledges that he or she understands the risks and opportunities associated with the investment by signing the investment agreement and other relevant legal documents;
• The investor transfers the agreed-upon investment capital and management fee to the designated Escrow account;
• The investor submits all necessary materials to NGISC for legal review;
• NGISC files an I-526 form and application materials with U.S. Customs and Immigration Services (USCIS) on behalf of the investor for official review;
• Once the I-526 is approved by USCIS, NGISC will assist the investor in applying for temporary residence;
• Later, the investor will be able to apply for a green card, and NGISC will continue to offer professional and legal support throughout the process.
• No background restrictions: The investor does not need to have relatives in U.S., nor does he or she needs to meet any age, education, or language requirements.
• The fastest way to get a green card: Generally, after the investment is made according to laws and regulations, the immigration application will be reviewed in 4 to 6 months. Once the application is approved, the family can get temporary green cards in 8 to 12 months, and can later get official green cards.
• Green cards for the whole family: Once the investor's immigration application is approved, the spouse and children under 21-years-old are eligible to receive green cards simultaneously.
• The investor can choose to live anywhere in U.S.
• The investor can invest indirectly and does not need to be solely responsible for managing the business entity.
• The investor's children will be eligible to attend American public schools free of charge. Additionally, access to the US education system from an early age provides advantages when applying for university admission and scholarships.
• Family members will have a green card in hand when applying for jobs.
• Eligible members of the family will have access to one of the most advanced healthcare systems in the world and social security benefits.
The EB-5 visa is a good fit for any foreign investor who has sufficient assets and wishes to immigrate to the United States as soon as possible, including but not limited to:
• Parents who want to send their children to American schools; benefits of immigration include access to the American public school system tuition-free and access to scholarships and favorable university tuition rates.
• Entrepreneurs who want to invest and establish business entities in the U.S.
• International students currently holding F-1 visas who do not wish to continue their education or cannot find an appropriate job after graduation; individuals in this category can use capital gifts from parents or family members to participate in the immigration through investment program with the aim of remaining in the country.
• Applicants who have failed to get an H-1B visa, or H-1B holders whose visas will expire soon and who will have to wait too long for a green-card appointment; immigration through investment is an alternative.
• Retirees who do not have relatives or employment in the U.S.; immigration through investment is the best option here.
• Individuals with relatives in the U.S. who would prefer not to wait for a green card and would like to expedite the visa process.