Can an Individual Pursue the EB-5 Visa for U.S. Immigration?
The EB-5 visa program, also known as the Immigrant Investor Program, is a popular pathway for foreign nationals seeking to obtain lawful permanent residency in the United States. While it is commonly associated with investment through regional centres and job creation, many individuals wonder if they can pursue the EB-5 visa as sole investors.
Understanding the EB-5 Visa Program
The EB-5 visa program was created by the United States government to stimulate the economy by attracting foreign investments and creating jobs for American workers. To qualify for this visa, an individual must meet specific requirements, including investing a significant amount of capital in a new commercial enterprise. The standard investment amount is $1.8 million, but it can be reduced to $900,000 if the investment is made in a targeted employment area (TEA).
Investing as an Individual
One common misconception is that an individual must join a regional centre or work with other investors to pursue the EB-5 visa. It is possible for an individual to work on an EB-5 visa without the involvement of a regional centre or other investors. In such cases, an individual is referred to as a direct investor.
As a direct investor, you have the freedom to establish and manage your own new commercial enterprise in the United States. This enterprise can take various forms, including a new business, a partnership, or even a sole proprietorship. The critical factor is that you must invest the required capital and create at least 10 full-time jobs for qualifying U.S. workers within two years of your admission as a conditional permanent resident.
Steps to Pursue the EB-5 Visa as an Individual
If you are considering pursuing the EB-5 visa as an individual, here are the general steps you should follow:
Choose Your Business Venture:
Select a suitable business opportunity that aligns with your investment goals and business plan. This should be a new commercial enterprise, meaning it was established after November 29, 1990, or, in certain cases, after November 29, 1990, if the enterprise has been substantially restructured and reorganized.
Invest the Required Capital:
Invest the necessary capital into your chosen enterprise. As mentioned earlier, this investment typically amounts to $1.8 million but can be reduced to $900,000 if you invest in a TEA.
Create Jobs:
Ensure your enterprise generates at least 10 full-time jobs for qualifying U.S. workers within the specified timeframe.
File Form I-526: Submit Form I-526, Immigrant Petition by Alien Investor, to the U.S. Citizenship and Immigration Services (USCIS) to demonstrate your eligibility for the EB-5 program.
Adjustment of Status or Consular Processing:
After your Form I-526 is approved, you can either adjust your status to conditional permanent residency if you are already in the U.S. then meet any USA counsellors.
Removal of Conditions:
Within 21 to 24 months of your conditional permanent residency, you must file Form I-829, Petition by Entrepreneur to Remove Conditions, to remove the conditions on your permanent residency. This step ensures that your investment has resulted in the creation of the required jobs.
In Conclusion
The EB-5 visa program provides a viable path for individuals who wish to invest in and create businesses in the United States while pursuing lawful permanent residency. As an individual, you have the option to work on the EB-5 visa without partnering with a regional centre or other investors, provided you meet the program’s requirements. By carefully following the steps outlined above and adhering to the program’s guidelines, you can work toward achieving your immigration goals through the EB-5 visa as a sole investor.
Filling for an EB5 visa can be tough, but AGACS PVT LTD is the best immigration consultant. Our EB5 visa team will help you understand the EB5 visa process and provide accurate guidance for your application also our expert’s team will help you to understand the requirements of the eb 5 visa and help you to grab best opportunity of working in USA.
FAQ`s:
The EB-5 Visa is a U.S. immigration program that offers a path to obtaining Permanent Residency (Green Card) by investing in job-creating projects in the United States.
To qualify, you generally need to invest a minimum of $1.8 million in a new commercial enterprise. However, if your investment is in a targeted employment area (TEA), which typically has higher unemployment or is in a rural area, the minimum investment is $900,000.
You can invest in various projects, such as real estate developments, infrastructure projects, or businesses that create jobs in the U.S. It’s essential that the project you invest in is approved by the U.S. Citizenship and Immigration Services (USCIS).
Your investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of your admission to the U.S. as a conditional Permanent Resident.
Initially, you’ll receive a conditional Green Card valid for two years. To remove the conditions and obtain a permanent Green Card, you must file a petition to show that your investment created the required jobs and that you maintained your investment in the project.
Agacs Pvt Ltd is the leading immigration and visa consultancy in Hyderabad, India, offering expert assistance for US H1B Visa, US EB5 Visa, Canada PR and Canada Work permit Visa application processes. Our professional advisors provide trusted guidance to ensure a smooth and successful visa application experience.
For more details on h1b sponsorship contact us at
info@agacs.in & call on +91 9505000900. Website: www.agacs.in
