EB-5 Visa, the American “Golden Visa”

The United States also offers a residency-by-investment program. It’s the EB-5 Visa, which allows foreign investors, along with their spouse and children under 21, to obtain permanent residency, the famous “Green Card,” if they meet the established requirements.

This program, under the authority of the USCIS (United States Citizenship and Immigration Services); it was created in 1990 by the U.S. Congress to stimulate the American economy through job creation and capital investments by foreign investors.

What are the requirements to obtain U.S. residency through the EB-5 visa?

The process begins with an investment in a business or project in the United States. The minimum required amount is $1,050,000 USD if done directly. The figure is reduced to $800,000 USD if the investment is made in a Targeted Employment Area (TEA), which includes rural areas or regions with high unemployment rates. This investment must create, or in some cases preserve, at least 10 full-time jobs for qualified U.S. workers.

Interested individuals can choose between two main routes for their investment:

The first is to invest directly in a new business, where the investor has control over operations. The number and quality of jobs are audited. The second, more common option is to invest through a government-approved Regional Center.

Regional Centers are designated entities that manage projects in Targeted Employment Areas (TEA) compliant with the EB-5 program’s requirements and handle job creation, making the process easier for the investor.

Once the investment is made and the initial petition (Form I-526) is approved, the investor, their spouse, and their unmarried children under 21 can obtain residency (Green Card) in the United States for a period of two years.

During this time, it must be demonstrated that the investment has met the requirements, including the creation of 10 jobs. If everything is in order, the investor can apply to renew the Green Card and obtain residency for 10 years, renewable.

Is it safe to invest through Regional Centers?

Recently, the U.S. government announced new policy guidelines regarding non-compliance and sanctions within the EB-5 program framework. These measures aim to enhance transparency in the management of Regional Centers and grant greater oversight powers to the USCIS, in accordance with the 2022 RIA law.

The measures also ensure that if a Regional Center or a related company is sanctioned, the investor acting in good faith and complying with legal requirements will not be affected in their immigration process. However, the interested party must contact USCIS to demonstrate that the investment is being maintained and/or that the jobs have been created.

What are the benefits of the EB-5?

This visa allows you to obtain U.S. citizenship (passport) after a minimum of 5 years of residency, during which you have the right to live, study, and work in the U.S. The physical presence requirements are minimal, allowing absences of up to 180 consecutive days.

The U.S. passport is compatible with dual citizenship (or even holding more than one passport) and allows visa-free entry to 184 destinations worldwide, including the Schengen area in Europe.

If you’re interested in exploring this path to the United States, schedule a meeting with our team. We’ll guide you through the entire application process, which can take up to 3 years. During this period, we’ll not only keep you informed, but we’ll also help you find the type of investment that best suits your profile.

We are experts in international mobility.

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