As immigrating to the United States is still a hot topic for many nationalities, this article provides information on the use of investment as a way to work and reside there or to become a permanent resident (green card).
It is hoped that this article will appeal to those who wish to invest in the U.S. while contributing to the U.S. economy and opening up new horizons for themselves in the vast U.S. marketplace. Below is an overview of the two investment options available, as well as the general application process, the fund involved, the time required, and the process.
The two main types of immigration options using the investment route are described below:
- EB-5 Investment Immigration (Green Card) Program
The EB-5 Immigrant Investor Program grants permanent residency (green card) to investors who create jobs by investing in new business enterprises. Investors can choose between two investment options.
- invest US $1.8 million in a newly established business enterprise, or
- invest US$900,000 in a Targeted Employment Area (TEA), which is an area with high unemployment or a rural area.
- Obtaining an (E-2) Visa as a Treaty Investor (E-2)
The E-2 visa allows nationals of certain countries with which the U.S. has a Treaty of Friendship , Commerce and Navigation to remain in the U.S. in order to direct the management, strategy, and development of the business which they intend to make, or have made, a significant investment prior to moving to the U.S. The E-2 visa is a visa issued by U.S. Department of State (DOS) through the US Embassy or Consulates abroad.
The general application process for a U.S. green card under the Immigrant Investor Program (Eb-5) is as follows:
- Determine an eligible investment project and commit to investing the required capital.
- Submit an application Form I-526 to the U.S. Citizenship and Immigration Services (USCIS).
- After the application is approved, if you are in the U.S., you can apply for adjustment of status to make a conditional green card application. If you are overseas, you must apply for an immigrant visa at a U.S. consulate abroad.
- One year and nine months after moving to the U.S., a Form I-829 will be filed to remove the conditions of the temporary green card and convert to an unconditional permanent green card.
E-2 Treaty Investor Visa Application Procedure: Establishment or acquisition of a qualifying business enterprise in the United States.
- Invest significant capital in the business.
- Apply for an E-2 visa at a U.S. consulate abroad, or if already in the U.S., submit a change of status form I-129.
- The applicant is required to submit evidence that the enterprise concerned will generate profits or income and create employment opportunities in the future. The applicant must submit evidence of future profits or income generated by the investment enterprise concerned for approval of the E-2 visa.
What are the costs associated with the above two types of investments?
EB-5 Green Card
- The amount invested ($1.8 million or $900,000).
- Application fees for Forms I-526 and Forms I-829.
- Attorney and other related fees.
E-2 Treaty Investor Visa
- Investment fund required to establish or acquire a qualifying business.
- Application fee for visa application or Form I-129.
- Attorney fee, business setup and operating expenses, etc.
How long does it take to process an immigrant investor visa?
EB-5 Immigrant Investor (Green Card)
- The processing times for Forms I-526 vary, but range from a few months to over a year.
- Once the application is approved, additional time may be required to adjust status or obtain an immigrant visa.
Applying for an E-2 Treaty Investor Visa
- The processing times for E-2 visa applications can vary greatly depending on the consulate and individual circumstances.
- Generally, E-2 visas are issued relatively quickly compared to investors immigrant visa.
What is the next step after an investment immigration petition is approved? …READ FULL ARTICLE
Note: This material has been prepared for general informational purposes only and is not intended to be relied upon as professional advice. Please contact us for specific advice.
By: KC Li
